Aug. 18--ALBA -- A new deep-injection disposal well won't be drilled near this Antrim County community, at least not anytime soon.

A circuit court judge indefinitely blocked an energy company from drilling such a new well in Antrim County's Star Township. By doing so, he closed the book on a lawsuit filed by the county, township and environmental group Friends of the Jordan River Watershed.

Meanwhile, an environmental consulting company will organize a stakeholders' group to review and discuss the cleanup project and alternatives.

"I think it represents a triumph of science and social justice and just plain common sense," said John Richter, president of the Jordan Friends group.

Antrim County, Star Township and environmentalists last year filed suit in Antrim and Ingham counties to halt efforts to use a disposal well near Alba as part of $140 million cleanup efforts at the Bay Harbor luxury resort community near Petoskey.

They argued tainted water might leak into the Jordan River watershed and cause possible ecological problems.

Water laced with mercury was intended to be pumped deep underground at the Alba well site, a disposal method approved by state and federal regulators last year. The contaminated water comes from water runoff over buried kiln dust from a former cement factory at Bay Harbor.

CMS Energy was an investor in the development and is legally required to do the cleanup work.

The polluted water currently is treated locally to reduce acidity, then taken to a treatment facility in Traverse City and an existing disposal well in Johannesburg.

Thirteenth Circuit Court Judge Thomas Power late last week issued an indefinite stay in the Antrim County case after a hearing in Traverse City.

"The Alba well is not ruled out right now, but the case is on hold," said Susan Hylwa Topp, a Gaylord attorney for the plaintiffs.

All parties agreed to work with environmental consulting company E2 Inc. from Virginia, a firm hired by the U.S. Environmental Protection Agency to mediate the cleanup project among all stakeholders.

Melinda Holland, senior facilitator with E2 Inc., said she is halfway through her assessment and will work to bring together the parties to discuss the project and possible solutions.

"This is a very good thing because it's taking a more global approach to the problem, which we've needed," Topp said.

The process will involve scrutiny of the entire Bay Harbor cleanup effort and disposal options for treated water, she said.

"We've just received the court order and will be studying that," said Dan Bishop, CMS spokesman.

Bishop declined to comment further.

Richter said his group has two stipulations as discussions proceed: the Alba well is not negotiable and CMS Energy must be a part of the roundtable discussions.

"There's a great opportunity here and we are very grateful CMS has agreed to pause on the well idea and consider some alternatives," Richter said.

The same plaintiff trio filed the Ingham County lawsuit to challenge the state's permitting for the Alba well. The case in that instance was decided in favor of the state and Beeland Group, a CMS subsidiary.

Regardless, the indefinite stay in the Antrim County case means nothing will happen with the Alba well while the parties work together to find a solution, Topp said.

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