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Sierra Club Mackinac v. Dept. of Envtl

Supreme Court of Michigan
Jun 23, 2009
483 Mich. 1094 (Mich. 2009)

Opinion

No. 135898.

June 23, 2009.

Court of Appeals No. 269181.


Leave to Appeal Denied.


This case involves Department of Environmental Quality (DEQ) regulations concerning how Michigan's nearly 200 large animal farms, referred to as "concentrated animal-feeding operations (CAFOs)" must dispose of vast amounts of manure. This case produced a published Court of Appeals opinion with a dissent, and the DEQ now appeals, arguing that the Court of Appeals: (a) improperly reviewed the Environmental Protection Agency's approval of a state permit program, which it asserts is exclusively reserved for federal courts; and (2) mistakenly held that comprehensive nutrient management plans that must be submitted to the DEQ by CAFOs constituted an effluent limitation. The issues in this case are jurisprudentially significant and important for the agricultural economy of this state. Therefore, I would grant leave to appeal to consider these and other arguments.

CORRIGAN, J. I join the statement of Justice MARKMAN.


Summaries of

Sierra Club Mackinac v. Dept. of Envtl

Supreme Court of Michigan
Jun 23, 2009
483 Mich. 1094 (Mich. 2009)
Case details for

Sierra Club Mackinac v. Dept. of Envtl

Case Details

Full title:SIERRA CLUB MACKINAC CHAPTER v. DEPARTMENT OF ENVIRONMENTAL QUALITY

Court:Supreme Court of Michigan

Date published: Jun 23, 2009

Citations

483 Mich. 1094 (Mich. 2009)