The Michigan Supreme Court affirms EGLE’s right to impose stricter permits on factory farms, marking a win for environmentalists and a step forward for Michigan water protection.
State Supreme Court Ruling Supports Stricter CAFO Rules
The Michigan Supreme Court ruled Wednesday in favor of the Department of Environment, Great Lakes, and Energy (EGLE), upholding its authority to implement stricter permit requirements for concentrated animal feeding operations (CAFOs) than previously outlined in department rules. The decision has been hailed as a major environmental victory, particularly by groups advocating for water quality protections in the state.
The 5-2 ruling, authored by Chief Justice Elizabeth Clement, affirmed that EGLE did not overstep its regulatory boundaries when it tightened restrictions on phosphorus application and adjusted setback requirements for livestock waste disposal in its 2020 CAFO General Permit. Justices Brian Zahra and David Viviano dissented, questioning whether the new conditions adhered to rulemaking procedures under the Administrative Procedures Act.
Environmental Groups Celebrate Court Decision
Environmental advocates, including the Environmental Law and Policy Center (ELPC) and Food & Water Watch, lauded the court’s decision. According to a recent ELPC report, Michigan CAFOs produce 17 million pounds of waste daily—far exceeding the state’s human population waste production—and much of it is stored untreated in open lagoons. The report identified significant environmental risks from this practice, including contamination with phosphorus, nitrates, PFAS, and pathogens like E. coli.
Phosphorus overapplication can fuel harmful algal blooms in Michigan’s waterways, while nitrates threaten groundwater safety, potentially causing health issues such as birth defects, miscarriage, and cancer.
“This decision allows EGLE to prioritize science-based permits that protect Michigan’s water resources,” said Rob Michaels, managing attorney at the ELPC. “We hope this ruling leads to more stringent oversight of hazardous waste from industrial farming operations.”
Legal and Agricultural Stakeholders Respond
The Michigan Farm Bureau and several farming associations challenged the 2020 permit, arguing that EGLE bypassed proper procedural steps required by the Administrative Procedures Act. The Supreme Court, however, determined that the permit’s discretionary conditions are not formal rules and do not require adherence to those procedures. Instead, they represent how EGLE exercises its statutory permitting authority.
Despite losing in the Supreme Court, the Michigan Farm Bureau emphasized that the permit remains under administrative review. “The 2020 permit is still being evaluated by an administrative law judge to ensure it is grounded in sound science and environmental policy,” said Assistant General Counsel Allison Eicher. She also reiterated the Bureau’s commitment to balancing environmental protections with agricultural practices.
Future Implications for Michigan’s Water Resources
The ruling solidifies EGLE’s ability to regulate CAFO waste management practices to meet Michigan’s Part 4 water-quality standards. Michigan Attorney General Dana Nessel, whose office defended EGLE in the case, praised the decision, calling it a significant procedural win for protecting the state’s water resources.
“This decision is a critical step forward in safeguarding Michigan’s water,” Nessel stated. “While we celebrate this victory, the work of defending strong permit conditions in contested cases will continue.”
Environmental groups have urged EGLE to leverage this decision to implement stricter, science-driven policies that address the significant environmental and public health threats posed by CAFO waste.
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