GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Andrew Blair Howard, 63, of Frankfort, Michigan was convicted of tampering and vandalism at Sleeping Bear Dunes National Lakeshore in connection with an August 15, 2022, diversion of the Platte River. Both crimes are federal misdemeanors.
“The Sleeping Bear Dunes National Lakeshore is a Michigan jewel,” said U.S. Attorney Mark Totten. “Every year countless visitors enjoy its pristine waters, towering sand dunes, and rolling forests. Mr. Howard had a policy dispute with the National Park Service and took matters into his own hands, breaking the law rather than using lawful means to advocate for his position. His actions resulted in significant financial and ecological harm and altered the landscape so many enjoyed. Today and always my office commits to protect Michigan’s natural treasures.”
The Platte River flows through the Sleeping Bear Dunes National Lakeshore before it empties into Lake Michigan. In the summer, paddlers, tube floaters, and beachgoers drift down its meandering waters. In August 2022, National Park Service law enforcement officers investigated reports of a diversion of the Platte River near its mouth. On August 15, 2022, Howard used a shovel to dig sediment and rocks from the river basin and stacked large rocks on a dam to divert the river’s natural water flow toward a newly created channel out to Lake Michigan, contrary to a decision by the National Park Service to let the river follow its natural course. The diversion created an unauthorized access for large boats to enter Platte Bay. Within days, the natural power of the water and the dam caused the new channel to reach approximately 200 feet wide.
The following aerial photograph on the left, taken in May of 2022, shows the natural flow of the Platte River running parallel to Lake Michigan. The photograph on the right shows the same area approximately 3 days after the diversion, with the channel emptying directly into Lake Michigan.
In a bench trial, federal Magistrate Judge Ray Kent convicted Howard of two counts: one count of tampering (Count 1) and one count of vandalism (Count 2), under Title 36 C.F.R. § 2.31(a)(2) and (3) respectively, which provides for the proper use and protection of natural resources within areas under the jurisdiction of the National Park Service. In so ruling, Judge Kent held that the defendant “intended to and in fact did divert the flow of the Platte River into Platte Bay.”
“The National Park Service appreciates the support of the U.S. Attorney’s Office in enforcing the laws that help protect this place for future generations.” said Superintendent Scott Tucker. “Sleeping Bear Dunes National Lakeshore was created in 1970 to preserve and protect this spectacular place.”
The National Park Service investigated this case. Assistant United States Attorney Lauren F. Biksacky prosecuted it on behalf of the United States.
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U.S. Department
of Justice
