State Rep. Luke Meerman (R-Coopersville) recently expressed contempt for the Michigan Supreme Court’s ruling against agriculture producers. The high court ruled that the state doesn’t need to follow 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.

“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.”

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The National Pollutant Discharge Elimination System (NPDES) permit for concentrated animal feeding operations (CAFOs) issued by EGLE in 2020 imposed new conditions to lower phosphorus application limits for point-source discharges, which farmers say hampers their ability to provide sufficient nutrients to meet crop needs. The permit also added new buffer requirements, calling for a 35-foot vegetated buffer and a 100-foot manure application setback from all waterways, which goes beyond federal requirements.  

In June 2020, Michigan farmers and agricultural associations filed a lawsuit against the Michigan Department of Environment, Great Lakes, and Energy to challenge new requirements the department inserted into the NPDES permit for CAFOs. They argued the departments new requirements in the NDPES permit consisted of administrative rule change and should have followed the rule process of the Administrative Procedures Act.

The court’s decision will likely be financially detrimental to agriculture across the state, as farmers will now be required to engage in an uncertain, laborious, and litigious individual permitting process. Plaintiffs to 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.