Capitol News

State Rep. Luke Meerman (R-Coopersville) recently expressed discontent with the Michigan Supreme Court’s ruling against agriculture producers. The high court determined that the state is not required to adhere to the Administrative Procedures Act (APA), Michigan’s law governing how state agencies can issue rules.

“The Supreme Court has emboldened rulemaking agencies to issue permits to effectuate policy instead of abiding by the public rulemaking process,” Meerman stated. “It is a sad day when a win is handed to regulators over the everyday men and women who grow and raise our food. The court’s ruling in favor of EGLE is an outrageous blow to Michigan agriculture and the precedent set here encourages bureaucratic bloat. The scheme will hurt farmers that are looking for clear guidance on agriculture permits.”

The National Pollutant Discharge Elimination System (NPDES) permit for concentrated animal feeding operations (CAFOs) issued by EGLE in 2020 imposed new conditions aimed at lowering phosphorus application limits for point-source discharges, which farmers argue hampers their ability to provide sufficient nutrients for crops. Additionally, the permit introduced new buffer requirements, including a 35-foot vegetated buffer and a 100-foot manure application setback from all waterways, exceeding federal requirements.

In June 2020, Michigan farmers and agricultural associations filed a lawsuit against the Michigan Department of Environment, Great Lakes, and Energy (EGLE) challenging these new requirements. They contended that the changes in the NPDES permit constituted an administrative rule change that should have followed the APA's rulemaking process.

The court’s decision is expected to be financially detrimental to agriculture across the state, as farmers will now need to navigate an uncertain, laborious, and litigious individual permitting process. Plaintiffs in this lawsuit included Michigan Farm Bureau, the Michigan Milk Producers Association, Michigan Pork Producers Association, Dairy Farmers of America, Greenstone Farm Credit Services, and Michigan Allied Poultry Association.