Gubernatorial pardon appeals from more than 25,000 citizens were ignored, and Delene and his wife were forced to flee Michigan to avoid his arrest. The danger of civil fines is that a defendant like Richard Delene lacks the protections available in a criminal action. His prosecutors didn t have to prove their case beyond a reasonable doubt. Delene was not tried before a jury of his peers or by a judge who is part of an independent judiciary. He effectively was found guilty by a DEQ employee and put in the position of having to prove his innocence when the DEQ brought the prosecution.
Appeals also come under the preponderance standard.
And there is no right against self-incrimination, so civil defendants are vulnerable to further state action. With passage of SB 651, the Delene tragedy could be repeated many times over. Part 91 of the Natural Resources and Environmental Protection Act regulates soil erosion and sedimentation. It requires a permit for any construction that might change the topography of the land. Currently, counties issue permits for this purpose.