State High Court will not hear appeal on state CAFO law


On June 24, 2009, the Michigan Supreme Court refused to hear an appeal that a Michigan program to regulate concentrated animal feeding operations violates the Clean Water Act. To view Chicago Tribune story by David Eggert, click here. The decision lets a legal victory for environmentalists stand.

Last year, the Michigan Court of Appeals had ruled
that the Michigan Department of Environmental Quality was giving farms too much authority to decide on their own how much manure to spread. The court said CAFOs' waste management plans should be included in applications for permits to run farms and the state's permitting program did not give the public a chance to adequately review plans proposed by farm operators.
Manure plans includes details like the amount farmers can spread and the rate at which they can do it.
To learn more on the Michigan Department of Environmental Quality CAFO program, click here.

To view the Michigan Supreme Court's order denying appeal, click here.

To view the Michigan Court of Appeals' opinion, click here. To view the dissent, click here.

To view a summary of the Michigan Court of Appeals' decision, click here.

Posted: 06/25/09