Eleven environmental groups are urging the Michigan Supreme Court to reverse a ruling that stops the state from placing more permit restrictions on manure and other animal waste from large concentrated animal feeding operations (CAFOs).
The groups filed a “friend of the court” briefing in support of the Department of Environment, Great Lakes, and Energy’s (EGLE) right to make changes to permit requirements when the old permits expire after five years.
The Court of Appeals ruled in favor of the case brought by the Michigan Farm Bureau, which argued changing the permits requires going through procedures to establish new rules.
“The Court of Appeals decision is — as we said in the brief — completely wrong on the law and incredibly dangerous for the environment in Michigan,” said Rob Michaels, a senior attorney with the Environmental Law and Policy Center.
The briefing argues the ruling is “clearly erroneous” because it amounts to a repeal of Michigan’s Natural Resources and Environmental Protection Act as well as the Michigan Environmental Protection Act.
“Unless the Michigan Supreme Court reverses the ruling, the Department of Environment, Great Lakes, and Energy will really be handcuffed in protecting the environment and fulfilling its legal obligations under the state’s cornerstone environmental statutes.”
Nutrients from animal waste contribute to toxic cyanobacterial blooms in the western basin of Lake Erie, Saginaw Bay of Lake Huron, and some inland lakes in Michigan.
In an email, EGLE said there is another similar challenge to the permitting process made through the Administrative Law Judge process. That process is complete and awaiting a decision, but it’s on hold, pending the outcome of the Court of Appeals ruling.
In a statement, the Michigan Farm Bureau said, “We agree with the Court of Appeals, which ruled that EGLE needs to follow the provisions of the Administrative Procedure Act when it conducts rulemaking, which will help assure that rules are developed based on sound science.”
