Binding NPDES Manure Terms Are Not Rules, Majority Of Michigan Supreme Court Finds

(August 9, 2024, 9:11 AM EDT) -- LANSING, Mich. — The Michigan Court of Claims correctly found that it lacked subject matter jurisdiction to hear a declaratory judgment action regarding new binding conditions in a general National Pollutant Discharge Elimination System (NPDES) permit governing certain manure practices because the state agency that issued the permit was not granted rulemaking authority by the Michigan Legislature, a majority of the Michigan Supreme Court found in affirming a state appellate court’s judgment in part....