By Alethia Kasben
Gongwer News Service
The Michigan Supreme Court this week ordered the Court of Appeals to reconsider a case challenging permits for concentrated animal feeding operations under its recent decision about the permits provided to Engbridge Energy for its Line 5 pipeline project.
In an order released during the weekend, the Supreme Court remanded the case to the Court of Appeals to reconsider the case after it previously declined to take up an appeal of a circuit court decision.
For Love of Water v. EGLE (MSC Docket No. 169801) argues a lower court decision failed to properly apply the Michigan Environmental Protection Act when considering permitting decisions for wastewater discharges from CAFOs.
The Michigan Environmental Protection Act was a key factor in the Line 5 case from the Supreme Court. That opinion, issued on July 31, said courts must review de novo an agency’s application of MEPA, regardless of whether a case commences in court or in administrative proceedings.
Additionally, it said MEPA requires the consideration of environmental impacts factually and proximately caused by the conduct being considered, a “fair and reasoned” comparison of environmental impacts of alternatives and a consideration of the conduct’s potential effects on public trust resources.
“Flow and our partners were deeply gratified by the High Court’s decision in the Line 5 tunnel permit case,” Flow Executive Director Liz Kirkwood said in a statement. “And while that decision certainly marked an important milestone in the fight to get oil out of the Great Lakes, just as important are the ripple effects we are now seeing – this powerful precedent can now be applied to other critical threats to our waters, like CAFO pollution.”
Gongwer News Service
The Michigan Supreme Court this week ordered the Court of Appeals to reconsider a case challenging permits for concentrated animal feeding operations under its recent decision about the permits provided to Engbridge Energy for its Line 5 pipeline project.
In an order released during the weekend, the Supreme Court remanded the case to the Court of Appeals to reconsider the case after it previously declined to take up an appeal of a circuit court decision.
For Love of Water v. EGLE (MSC Docket No. 169801) argues a lower court decision failed to properly apply the Michigan Environmental Protection Act when considering permitting decisions for wastewater discharges from CAFOs.
The Michigan Environmental Protection Act was a key factor in the Line 5 case from the Supreme Court. That opinion, issued on July 31, said courts must review de novo an agency’s application of MEPA, regardless of whether a case commences in court or in administrative proceedings.
Additionally, it said MEPA requires the consideration of environmental impacts factually and proximately caused by the conduct being considered, a “fair and reasoned” comparison of environmental impacts of alternatives and a consideration of the conduct’s potential effects on public trust resources.
“Flow and our partners were deeply gratified by the High Court’s decision in the Line 5 tunnel permit case,” Flow Executive Director Liz Kirkwood said in a statement. “And while that decision certainly marked an important milestone in the fight to get oil out of the Great Lakes, just as important are the ripple effects we are now seeing – this powerful precedent can now be applied to other critical threats to our waters, like CAFO pollution.”
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