[Date Prev][Date Next][Date Index]

E-M:/ Judge Root issues bizarre water opinion



Bray is frothing at the mouth again.

Judge Root issues bizarre water opinion - 12/03/03

The judge admits there is "no controlling Michigan law directly on point to the case." Nonetheless, he has thrown a century of settled water doctrine east of the Mississippi out the window in his pursuit of a higher aesthetics. Under this doctrine of "reasonable use," water can be withdrawn from its source as long as it's for a reasonable use that doesn't harm the reasonable uses of other users along the river. The system has been upheld countless times in court.


Judge Root goes on to propose another radical change. He argues that those who object to something on environmental grounds shouldn't have to prove harm. The burden of proof should be on the defendants to prove that their operations will do no harm.


http://www.detnews.com/2003/editorial/0312/03/a13-340270.htm