On March 24, 2023, the Michigan Department of Environment, Great Lakes and Energy (EGLE) and Gelman Sciences, LLC. filed a motion asking the Washtenaw County Circuit Court to enter an updated Consent Judgment governing response activities.
Fourth Amended Consent Judgment - 2021 to Current
On June 1, 2021, Washtenaw County Circuit Court ordered the immediate implementation of the requirements in the proposed Fourth Amended and Restated Consent Judgment (but not the settlement agreements or dismissal order).
- Order to Conduct Response Activities to Implement and Comply with Revised Cleanup Criteria
- Fourth Amended and Restated Consent Judgment
On September 15, 2022, the Michigan Court of Appeals decided that Washtenaw Country Trial Court lacked authority to modify the Consent Judgment. The Court of Appeals ruling vacated the June 2021 court order and reinstated the previous Consent Judgment from 2011. Additionally, the Court of Appeals directed the Trial Court to dismiss the intervenors.
Fourth Amended Consent Judgment - 2017 to 2020
The State of Michigan, Gelman Sciences, and the 'intervenors' (Washtenaw County, City of Ann Arbor, Scio Township, and the Huron River Watershed Council) had been negotiating a Fourth Amendment to the 1992 Consent Judgment since 2017. Negotiations are confidential; however on August 31, 2020 the Court Confidentiality Order was lifted and the proposed settlement documents made available to the public. The documents included the Fourth Amendment to the Consent Judgment, Dismissal Order and Settlement Agreements.
- Proposed Settlement Documents
- Key differences between the current 3rd Amended Consent Judgment and the proposed Fourth Amended Consent Judgment.
The Washtenaw County Board of Commissioners hosted a question and answer session and heard public comment on the proposed settlement agreement on September 24, 2020.
- Lemke Presentation
- Dindoffer Presentation
- View the meeting via CTN's Video on Demand at www.a2gov.org/ctn
- Answers to Questions from the Public
The proposed Fourth Amended and Restated Consent Judgment was rejected by the Washtenaw County Board of Commissioners during a special meeting on November 12, 2020. That meeting can be viewed by clicking here.