Back in 2020, the state updated its environmental regulations for industrial farms called CAFOs, or concentrated animal feeding operations.
These farms need permits because their water runoff contains several pollutants, including bacteria, pharmaceuticals and nutrients that cause algal blooms.
But the Michigan Farm Bureau sued on behalf of several farmers, arguing the state overstepped its legal authority.
Now, Michigan’s highest court has reversed the Court of Appeals’ decision, saying the state was within its rights.
“It is a very big deal in the sense that it closes the door on a very technical, administrative law argument that … basically stops any effective permits from happening with respect to this industry,” said Katie Garvey, an attorney with the Environmental Law & Policy Center.
Garvey says it could’ve stymied environmental regulators in an ongoing way if they weren’t allowed to update rules and regulations.
Plus, environmental groups say a decision in Farm Bureau's favor could have paved the way for other industries to make the same argument.
"What it means for everyday Michiganders is that, hopefully, there will be improvements in permits, which will hopefully lead to improvements in water quality," Garvey said.
In a written statement, Michigan Farm Bureau disagreed with the decision, saying, “We believe that state government should follow well-established procedures when it issues rules for its citizens.”
They say the updates were too sweeping and should be approved by elected lawmakers.
“We view this as pretty significant in terms of the burdens that are being imposed by the state,” said Zach Larsen, the attorney who represented Michigan Farm Bureau, in a January interview with IPR. “And that deserves the same deliberative process and democratic process that any other action by the state setting similar standards gets.”
