LANSING, Mich. (Michigan News Source) – Newly signed bills by Gov. Gretchen Whitmer will allow the Department of Environment, Great Lakes and Energy (EGLE) to issue emergency orders.
It gives emergency authority to the state agency to protect natural resources when there is a threat to public health, safety, or property. Gov. Whitmer claims the bills prioritize community safety and gives the state the ability to respond faster during emergencies.
Sen. Sean McCann (D-Kalamazoo) sponsored the bill and gave an example of such an emergency. A lawsuit filed by Michigan Attorney General Dana Nessel in 2022 alleges STS Power, which operates the Morrow Dam on the Kalamazoo River, “grossly mismanaged [the] drawdown of the lake to complete repairs of their dam on the Kalamazoo River.” Mud and sediment flowed into the river. At the time, STS released a statement that said, “Although the drawdown has come at significant expense to STS, preserving public safety is our number one priority.”
The alleged mismanagement led Sen. McCann to promote the bill, and said, “I am hopeful [this new law] may help prevent future disastrous situations like the sediment release from Morrow Dam on the Kalamazoo River.”
However, not all are celebrating the expanded powers of EGLE. Rep. Jamie Thompson (R-Brownstown) said EGLE does not always have the best interests of the community in mind.
“EGLE is already one of the most powerful agencies in our state, and this legislation will only increase its ability to make unilateral decisions that affect Michigan residents and business owners without any input from the people that these decisions actually impact,” Thompson said.
This isn’t the first time Whitmer has given emergency powers to a state agency. In 2020, Whitmer sidestepped a Michigan Supreme Court decision which knocked down her authority to issue sweeping emergency health orders over COVID-19. Several days later, she cited an obscure 1918 Spanish flu law and gave the Michigan Department of Health and Human Services the authority to carry out her orders.
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