Landmark Decision - Michigan Supreme Court Upholds EGLE’s Power to Protect Water from CAFO Pollution

Photo byUnsplash+

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.

Aerial view of Rosendale Dairy, a CAFO (concentrated animal feeding operation) in Rosendale, Wisconsin.Photo byUnsplash+

Protecting Michigan’s Lifeblood: Clean Water

The ruling was praised by environmental groups, including the Environmental Law & Policy Center (ELPC), which filed a "friend of the court" brief supporting EGLE. Rob Michaels, Managing Attorney at ELPC, applauded the decision, saying, “EGLE will now be able to focus on drafting effective, science-based permits that protect Michigan’s waters, which are the lifeblood of the state’s identity and economy.”

The decision allows EGLE to move forward with implementing the updated CAFO permit, which had been contested by the Michigan Farm Bureau and several CAFO operators. These industrial-scale farms generate large quantities of waste, which, if improperly managed, can severely impact water quality.

Ending Years of Litigation Over Water Protection

The case began when the plaintiffs filed challenges to the 2020 CAFO General Permit, both through an administrative "contested case" and later in state courts. They argued that the permit’s improvements—such as more stringent waste management requirements—exceeded EGLE's authority. After a series of legal battles, the case reached the Michigan Supreme Court, which ultimately ruled in favor of the state’s environmental agency.

Environmental groups had long argued that stronger measures were needed to protect Michigan’s waters from pollution caused by large-scale farming operations. Yesterday’s ruling clears the way for EGLE to exercise its full authority in issuing permits that hold industrial polluters accountable.

Moving Forward with Stronger Protections

With this ruling, EGLE can now focus on strengthening Michigan's water protections. Future legal challenges to environmental permits will likely hinge on whether permit conditions are necessary to protect public health and the environment, not administrative technicalities. The coalition of environmental groups, including Alliance for the Great Lakes, Sierra Club, and the Michigan Environmental Council, expressed hope that this decision will set a precedent for robust environmental oversight in the state.

“This ruling is a huge step forward for Michigan’s water resources and the communities that rely on them,” said Michaels. “We look forward to seeing EGLE continue to enforce science-based policies that keep our waters clean and our state’s natural heritage intact.”

Your Turn - Like This, or Hate it - We Want To Hear From You

Please offer an insightful and thoughtful comment. Idiotic, profane, or threatening comments are eliminated without remorse. Consider sharing this story. Follow us to have other feature stories fill up your Newsbreak feed from ThumbWind Publications.

Explore Michigan's Thumb and the Great Lakes on our flagship site ThumbWind.com.