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Michigan livestock groups lose CAFO case

Michigan livestock groups say they are disappointed with the state’s Supreme Court ruling regarding large animal permits.

Farm groups, including the Michigan Farm Bureau, Michigan Milk Producers Association, Michigan Pork Producers Association, Select Milk, Dairy Farmers of America, Foremost Farms, Greenstone Farm Credit Services, and Michigan Allied Poultry Association, filed a suit against the state’s Department of Environment, Great Lakes and Energy in 2020 following new rules issued for concentrated animal feeding operations (CAFOs) permits.

The group argued the state’s National Pollutant Discharge Elimination System permit to lower phosphorus application limits for point-source discharges went beyond the agency’s rule making power.  The permit also included new buffer zones and setbacks during manure applications that surpassed federal regulations.

In a 5-2 decision last week, State Justices decerned the state’s general permit for how large operations are regulated is necessary and doesn’t need to follow the Administrative Procedures Act, Michigan’s law governing how state agencies can issue rules.

The Michigan Supreme Court ruled EGLE’s general permit is not a rule but a license, freeing them up to have greater power over larger livestock operations

The permit is still being reviewed by an Administrative Law Judge to determine if it is based on sound science and environmental policy, and, as required by the court’s decision, the “discretionary conditions necessary for water-quality standards or to comply with other applicable laws.”

The two minority opinions said the permit is a rule that could be challenged.  Ag groups will now decide to if a motion to reconsider the case is needed.

In a statement to Brownfield, Michigan Farm Bureau’s Assistant General Counsel says the group disagrees with court’s conclusion and wants to ensure that state government regulates farms in a manner that protects the Great Lakes in a scientific manner, taking thoughtful consideration of input from experts, farmers, and citizens.