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18 March 31 • 2016

Drilling On Hold

Legal battle continues between Southfield, Word of Faith Church.

Louis Finkelman | Contributing Writer

A

n Oakland County Circuit
Court has delivered a tem-
porary setback to plans to
begin digging an exploratory oil well
in Southfield.
The Word of Faith Church insists
Jordan Development should begin
drilling on church property at the
northwest corner of Nine Mile
and Evergreen because the State
Department of Environmental Quality
(DEQ) granted permission March 8.
The city of Southfield insists it has
the right to enforce a moratorium on
extraction within city limits and to
use zoning to prohibit oil drilling in
residential areas and wetlands.
Three days after the DEQ issued its
permit, Judge Michael Warren of the
Oakland County Circuit Court issued
a temporary injunction, accepting a
motion by the city to prevent Jordan
Development and World of Faith from
cutting trees or preparing the site for
drilling. On March 16, Warren left his
temporary injunction in place. The
various parties now have deadlines for
filing motions.
The World of Faith website has a
page inviting members and visitors
to write to the DEQ in support of the
drilling application. The recommend-
ed letter begins: “A successful oil well
would be very beneficial to the church
and surrounding community.”
World of Faith advocates say the
land and mineral rights belong to the
church, which has a right to income
from its own property. The DEQ, after
issuing the permit, sent its own attor-
ney to argue for the drilling.
Hal Fitch, DEQ supervisor of wells,
told the Detroit Free Press, “The appli-
cation had all of the information that
is required in a permit application,
and everything met all of the rules
and regulations. It
passed muster with
all state require-
ments.”
The city of
Southfield continues
to oppose drilling
plans. In October,
Southfield City
Mayor Ken
Council
unanimously
Siver
extended a 180-day
moratorium on oil
and gas extraction. Mayor Ken Siver
asserts that Southfield has the right to

Word of Faith Church

make zoning regulations recognizing
the area as residential and forbidding
drilling in residential areas, and the
state should recognize that right.
Southfield City Attorney Sue
Ward-Witkowski says cities have the
authority to establish zoning regula-
tions, relegating activities to different
areas. This zoning power includes the
authority to keep oil drilling out of
residential areas.
She says the Southfield City Council
plans to introduce an ordinance at
the April meeting specifying zoning
regulations for oil and gas extraction
within city limits.
City Planner Ken Croad has
observed the World of Faith property
includes protected wetlands. The
heavily wooded property presents a
challenge to developers, as Siver notes,
because anyone seeking to remove
trees in Southfield must conduct a
tree inventory, and either replace the
trees or contribute to a tree restora-
tion fund. The site includes many
“heritage trees” age 50 or older.
City officials oppose the exploratory
well because they fear damage to
groundwater. Many homes near the
site depend on well water. If the drill-
ing contaminates this water, it could
have consequences for those house-
holders.
The DEQ has recently faced criti-
cism for its handling of drinking water
questions in Michigan. A task force
appointed by Gov. Rick Snyder to
examine the Flint water crisis issued

its report on March 23, including a
denunciation of the DEQ’s role. DEQ
staffers involved in the Southfield
case stress the Office of Oil, Gas and
Minerals is not directly connected
to the Office of Drinking Water and
Municipal Assistance, which deals
with the Flint water supply.
Ward-Witkowski said the city has
filed an appeal to the DEQ, asking it to
reconsider its decision to permit drill-
ing the exploratory well. This appeals
process is internal to DEQ, not involv-
ing a court.
Siver notes he has received nearly
unanimous support from Southfield
residents for his efforts to prevent the
drilling.
“People bring this up when I am
waiting in line in a bank or at a birth-
day party in Madison Heights or at
Children’s Hospital in Troy,” he said.
“They are all opposed. This has galva-
nized the community.”
People opposed say they anticipate
the drilling would bring noise pollu-
tion, damage to air and water qual-
ity, and a negative effect on housing
prices.
As the legal battle continues, a
group called Stop the Drilling in
Southfield has held organized picket-
ing at the site of the church, 2000 W.
Nine Mile Road, the fourth Sunday of
the month at 9 a.m. According to its
website, the group was started by an
ad hoc group of Southfield residents
opposed to the drilling.

*