Anglers of the Au Sable sues Air Force, National Guard over low-altitude flight training

A nonprofit environmental organization in northern Lower Michigan has sued the U.S. Air Force and National Guard in U.S. District Court, alleging that plans to expand low-altitude flight training in the eastern Lower Peninsula — with military aircraft flying as low as 500 feet or even lower in some areas — will harm prized waterways, natural areas and the quality of life in the region.

Anglers of the Au Sable filed its complaint in U.S. District Court's Eastern District in Detroit on March 13. The group claims the Air Force and National Guard's plans to expand air training violate the National Environmental Policy Act, and their evaluation that the expanded training would cause no significant environmental impact was flawed.

"The (expanded air training) project is incompatible with recreational values, the outdoor economy and real estate values of these areas," the anglers group argues in its lawsuit.

"Direct and indirect ecological effects will result from the continued concentrated activities, including elevated sound, increased atmospheric shockwaves, discharge of chaff, discharge of flares, discharge of munitions and electronic measures/countermeasures. Taken together, these activities will or are very likely to result in significant negative effects on both terrestrial and aquatic ecosystems."

The Air Force and National Guard, contacted by the Free Press on Friday, declined to comment on pending litigation. Anglers of the Au Sable president Josh Greenberg did not return a message seeking comment.

The Michigan Air National Guard since 2022 has taken steps to increase the Michigan airspace it uses to train fighter jet and other pilots. According to the lawsuit, the Michigan Air Guard proposes adding 1,633 nautical square miles to its current 11,042-square-nautical-mile Alpena Special Use Airspace Complex in northeastern Lower Michigan. This expansion would stretch from east of Interstate 75 near Grayling up to Huron Beach, through the thumb of Port Sanilac, and into Lake Huron.

"Near Grayling, the project would create a new permanent, expanded airspace of 918 square miles, with major increases in the number of flights and the amount of time planes spend flying there," the complaint states. "Some planes would fly as low as 500 feet. This permanent airspace would replace an 869 square-mile temporary airspace that currently does not allow flights under 5,000 feet."

Another flight path between the Grayling Air Gunnery Range and the Alpena Combat Readiness Center would allow planes to fly as low as 300 feet, the lawsuit states.

"In Michigan’s 'Thumb' area, three new low-altitude training areas would allow planes to fly at 500 feet, instead of the 6,000 feet limit currently in place."

In arguing that the military's environmental assessments were insufficient, the anglers group notes the Air Force's and National Guard's own assessments show the increased activity will result in a "dramatic increase in noise" and increased pollution, including increased release of flares and chaff cartridges, used by military aircraft as evasive measures to avoid radar detection, as part of their training. Particles from the flares and cartridges, along with jet fuel and unburned jet lubrication oils, all contain a host of potentially health- and environment-harming chemicals, the anglers say.

"The proposal will result in an increase of various pollutants, raining down on the headwaters of the Au Sable, one of the most famous and most-loved trout streams in the United States," the complaint states.

"That pollution will also enter the lands, air and waters used by wildlife, permanent residents, seasonal residents, and participants in outdoor activities for which the area is justly famous and desired. The (environmental assessment) inadequately addresses the magnitude and effect of this increased pollution on land and water."

The proposed expanded air training zone comes at a time when the Michigan National Guard is promoting its National All-Domain Warfighting Center, comprising Camp Grayling, the largest National Guard training facility east of the Mississippi River; Selfridge Air National Guard Base in Macomb County's Harrison Township; the Alpena Combat Readiness Center, and a swath of special-use airspace and portion of Lake Huron along the eastern edge of the Lower Peninsula earmarked for multifaceted military training. The National All-Domain Warfighting Center has expanded its annual Northern Strike training exercises in recent years, inviting military units from across the U.S. and from allied nations, as well as contractors testing the latest in warfighting technologies.

The Michigan National Guard in 2022 also proposed more than doubling the size of Camp Grayling, seeking to lease about 162,000 acres of nearby state land managed by the Department of Natural Resources for additional training space. While that plan was ultimately rejected, the state did approve allowing the National Guard to temporarily lease 52,000 acres of nearby state land for training as needed.

The Anglers of the Au Sable lawsuit seeks to have a federal district judge halt the planned expansion of low-altitude air training activities, require a more comprehensive environmental assessment, and award the anglers attorney fees, costs and "other relief the Court deems just and proper."Contact Keith Matheny: kmatheny@freepress.com.