The court’s ruling solidifies the state’s ability to issue science-based environmental permits to safeguard Michigan’s water resources.
EGLE Wins Legal Battle to Strengthen Clean Water Protections for Michigan
In a significant victory for environmental advocates, the Michigan Supreme Court ruled in a 5-2 decision that the state’s Department of Environment, Great Lakes, and Energy (EGLE) has full authority to issue environmental permits designed to protect Michigan’s waters. The ruling came in the case of Michigan Farm Bureau v. Department of Environment, Great Lakes, and Energy, ending years of litigation that had delayed the implementation of the 2020 General Permit for concentrated animal feeding operations (CAFOs).
The court rejected the plaintiffs’ argument that the conditions of the 2020 CAFO permit constituted “rules” under the Administrative Procedures Act (APA). Instead, the court confirmed that EGLE acted within its authority by issuing the permit, which contained critical updates to protect water quality across the state.