The Michigan Court of Appeals struck down some of the country’s most stringent standards for regulating PFAS in drinking water. 3M Company had argued that the rulemaking process behind those standards was invalid because the state failed to take certain costs into account. Specifically, 3M argued that Michigan’s Administrative Procedures Act required the state to calculate the cost that businesses would incur to comply with the groundwater cleanup criteria imposed by the new regulations. A divided panel of the appellate court agreed. The state environmental department has indicated that it will appeal to the state supreme court.
August 22, 2023 | 3M Company v. Department of Environment Great Lakes and Energy, No. 364067 (Mich. Ct. App.).