Opinion
SC 166189 COA 364067
02-02-2024
3M COMPANY, Plaintiff-Appellee, v. DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY, Defendant-Appellant.
Court of Claims: 21-000078-MZ
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
On order of the Court, the application for leave to appeal the August 22, 2023 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing whether the Court of Appeals erred in holding that the Department of Environment, Great Lakes, and Energy violated Section 45 of the Administrative Procedures Act of 1969, MCL 24.201 et seq., by issuing new rules changing the permissible levels of per- and polyfluoroalkyl substances in drinking water without preparing a regulatory impact statement that included a sufficient "estimate of the actual statewide compliance costs of the proposed rule on businesses and other groups," MCL 24.245(3)(n).
Persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.