Road Commission asks judge to reconsider ruling

The Marquette County Road Commission is asking a federal court judge to reconsider their lawsuit against the Environmental Protection Agency over County Road 595. It's an issue they have been working through for years.

"We believe that the EPA did not follow the law and that's the biggest reason,” said Jim Iwanicki, engineer manager at Marquette County Road Commission. “Our responsibility is to build the safest road network that we can and we believe that county road 595 is a safer alternative than what is currently being used."

Mining trucks currently drive more than 50 miles to get from the Eagle Mine near Big Bay to the Humboldt Processing Mill in western Marquette County. County Road 595 would create a more direct route about 22 miles, through a wetland to increase safety and reduce pollution. But the EPA denied the permits needed to construct the road because of the wetlands impact.

"The EPA kept moving the go line on us,” explained Iwanicki. “Every time we thought we were meeting what they asked for they said no we needed a little bit more from you."

The federal judge dismissed the county lawsuit against the EPA saying they didn't exhaust all their options. But after a recent case in the Supreme Court (Hawkes Case) the attorneys for the County Road Commission and Stand U.P., the non-profit paying for legal fees, believe they have the right to review the EPA’s veto in court. They feel the recent decision in the Hawkes Case is binding authority for their reconsideration saying they have the right to access the courts regarding the EPA’s decision against County Road 595.

"We hope the judge reconsiders this and allows our lawsuit to go forward,” said Deborah Pellow, chairwoman for Stand U.P. “I do truly believe that if we can get in front of a court and show them our case that we will prevail in the fact that the EPA over stepped their bounds."

“Obviously the road commission hopes that the judge reconsiders his decision and says that this new information will allow us to continue and that we can have our day in court," said Jim Iwanicki.

"We'll continue to raise money and as along as the road commission needs us we'll be there to help them out," said Deborah Iwanicki.

The Marquette County Road Commission says they are taking the process step-by-step and will wait for the judge’s decision before making their next move.