State Court of Appeals rejects Michigan PFAS water rules after 3M suit

The Michigan Court of Appeals has struck down state regulators’ stricter drinking water rules on potentially health-harming nonstick “forever chemicals” known as PFAS, finding that regulators didn’t adequately consider the costs to businesses to comply with the new rules.

The appellate court, in a ruling published Tuesday, upheld a lower court’s finding that the Michigan Department of Environment, Great Lakes and Energy should have better considered that its new rules to restrict PFAS compounds in drinking water also impacted requirements to clean up the compounds in groundwater.

Under Michigan’s Administrative Procedures Act of 1969, or APA, state agencies are required to prepare a regulatory impact statement that includes an estimate of how much compliance with the proposed rules will cost “businesses and other groups.” EGLE, in its PFAS drinking water rule-making process, found that it could not make an estimate of those compliance costs to businesses, but the appellate judges said that was an unacceptable answer.

A stretch of shoreline on Van Etten Lake in Oscoda, near the former Wurtsmith Air Force Base, is covered in foam on Sept. 27, 2018. Previous testing by the Michigan Department of Environment, Great Lakes and Energy shows the foam contains very high levels of the potentially health harming compounds known as PFAS.

“(State law) requires an estimation, and if EGLE cannot provide one, then it cannot propose the rule in a way that complies with the APA,” the unanimous court stated in its ruling. The case was heard by presiding Judge Michael Gadola and Judges Christopher Murray and Allie Greenleaf Maldonado.

Source link

Translate »