MICHIGAN FARM BUREAU V. DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
The Michigan Supreme Court has decided to grant the appeal in a case challenging new permit requirements for manure use on industrial livestock farms. The plaintiffs, a coalition of farmers associations and livestock farms, challenged a recent environmental regulation, arguing that it “banned the application of beneficial manure to fields and arbitrarily limited the amount of phosphorous in soil on which [Concentrated Animal Feeding Operation] waste may be applied.” Although the appellate court ultimately agreed that the case should be dismissed, the court upheld the dismissal on procedural grounds, finding that the plaintiffs failed to first follow the available administrative process by requesting a declaratory ruling from the Michigan Department of Environment, Great Lakes, and Energy. The Michigan Department appealed the appellate court’s ruling to the state Supreme Court, in an effort to clarify the jurisdictional dispute. The Court now will decide if the permit conditions meet the definition of a “rule” or “license” under Michigan law and whether those permit conditions can be challenged in court.
[To accompany Case Law Update "Michigan Supreme Court to Review Farm Manure Permitting Requirements” from Brooks Animal Law Digest Issue No. 192]