Privately, though, they are said to have expressed their enthusiasm for Harding's decision. When faced with a wealthy industrial opponent, the DEQ collapsed. Peat moss has been mined in the Minden Bog since the 1950s to supply America's gardens. As part of the swap, the company was given express approval to produce peat moss. The company argues in its lawsuit that the terms of the agreement have the legal force of a treaty, and must be honored.
State attorneys disagree.
They were prepared to argue that when it comes to protecting the public trust, the American judicial system has always evolved to take into account changed circumstances. Just such a change was the new scientific understanding of the value of wetlands in providing habitat, purifying water, and soaking up floods. The 1979 state Wetland Protection Law was designed to give government the technical information and legal tools to protect them. State lawyers, though, never got to make their case. The Engler Administration decided not to invest in a defense of the bog.