LANSING, Mich. (Michigan News Source) —The Michigan Supreme Court validated the state’s power to implement more rigorous environmental standards for large livestock farms—a verdict that impacts the state’s agricultural practices and its water resources. The ruling endorses the 2020 permit issued by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) which stiffens rules on waste discharge from Concentrated Animal Feeding Operations (CAFOs), as reported by MLive.

In a decisive 5-2 ruling, the court dismissed the claim made by agricultural interests that the updated 2020 permit constituted a de facto administrative rule, necessitating a formal rulemaking process. The justices instead upheld EGLE’s latitude to implement permit conditions aimed at protecting water resources, as long as these conditions are substantiated in ongoing administrative hearings (MLive).

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The revised permit requires CAFOs to implement several key measures to protect water quality. Among these are the maintenance of a 35-foot wide vegetated buffer zone along waterways and sensitive areas, a prohibition on waste application within 100 feet of surface water, and restrictions on spreading or transferring waste during winter months. These measures are intended to limit the runoff of pollutants like nitrogen, phosphorus, E. coli, and other contaminants that contribute to harmful algal blooms and degrade water quality.

EGLE’s goal with these updated standards is to safeguard Michigan’s water resources, including the Great Lakes, from excessive pollution caused by livestock operations, according to MLive. Hugh McDiarmid, EGLE’s communications manager, told MLive that the ruling “gives EGLE the tools it needs to protect our lakes—both Great and small—and our water resources from excessive pollution and CAFO waste.”

Despite the court’s ruling, EGLE faces ongoing opposition from the agricultural sector. The Michigan Farm Bureau, representing CAFO operators, argues that the 2020 permit conditions lack a scientific basis and were implemented without following the proper rulemaking procedures. Allison Eicher, the Farm Bureau’s assistant general counsel, emphasized that EGLE must prove the necessity and scientific validity of the new conditions in upcoming administrative hearings.

“As Justice (Elizabeth) Clement clearly stated in her opinion, DEGLE will need to carry the burden and prove that the new conditions are necessary to achieve Part 4 water-quality standards,” Eicher told The Detroit News. 

She continued: “We believe that state government should follow well-established procedures when it issues rules for its citizens. Our goal is 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.” (MLive). 

Until these contested case proceedings are resolved, EGLE will continue to operate under the 2015 standards, which are less stringent than those proposed in the 2020 permit (The Detroit News). This temporary measure allows the agricultural industry to continue its operations while the legal and administrative processes unfold.