The Michigan Court of Appeals has rejected a Michigan Farm Bureau attempt to limit the Dept. of Environmental Quality’s authority to require pollution discharge permits from concentrated animal feeding operations or CAFOs.
The Muskegon Chronicle reports that a three judge panel has upheld a 2009 ruling by Newaygo County Circuit Judge Anthony Monton.
The DEQ in 2003 began requiring all CAFOs to obtain discharge permits. The rule was aimed at keeping manure that operations spread on farm fields from draining into surface waters.
Farm groups argued the state could only require discharge permits after a CAFO actually had a discharge of manure that caused water pollution.
Monton sided with the DEQ, the farm groups appealed, and the appeals court affirmed Monton’s decision.
“We conclude that the DEQ was fully authorized to require CAFOs to either (1) seek and obtain an NPDES permit (irrespective of whether they actually discharge pollutants), or (2) satisfactorily demonstrate that they have no potential to discharge,” the judges wrote in a 23-page opinion.
The Farm Bureau has not yet released a response to the ruling.
Run-off from CAFOs is a leading cause of surface water pollution in Michigan.