Opinion
SC 166189 COA: 364067
11-22-2024
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 November 13, 2024, the Court heard oral argument on the application for leave to appeal the August 22, 2023 judgment of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.305(H)(1). The Court having concluded that it would be assisted by supplemental briefing, we DIRECT the parties to file supplemental briefs within 21 days of the date of this order addressing: (1) whether the plaintiff-appellee's challenge to rule set 2019-35 EG, "Supplying Water to the Public," codified at and amending in part Mich. Admin Code, R 325.10101 to 325.12820, became moot when the defendant-appellant promulgated rule set 2020-130 EQ, "Cleanup Criteria Requirements for Response Activity," codified at and amending in part Mich. Admin Code, R 299.1 to 299.504, see MCL 24.264 (permitting a court to enter a declaratory judgment regarding the validity of a rule "if the court finds that the rule or its threatened application interferes with or impairs, or imminently threatens to interfere with or impair, the legal rights or privileges of the plaintiff."); (2) whether the plaintiff-appellee failed to exhaust its administrative remedies by not requesting a declaratory ruling from the agency as to the validity of the challenged rule before commencing this lawsuit, MCL 24.264; and (3) if the administrative remedies were not properly exhausted, what effect, if any, that has on this lawsuit. See Mich Farm Bureau v Dep't of Environment, Great Lakes, and Energy, 514 Mich. __, __n 25 (July 31, 2024) (Docket No. 165166);_ slip op at 24 n 25; Hendee v Putnam Twp, 486 Mich. 556, 573-578 (2010); In re Harper, 302 Mich.App. 349, 356-357 (2013); Citizens for Common Sense in Government v Attorney General, 243 Mich.App. 43, 51-54 (2000).