Michigan Court Agrees that Michigan’s Rules on PFAS in Drinking Water Are Deficient

The Michigan State Court of Claims agreed with 3M Company (“3M”) that the Michigan Department of Environment, Great Lakes, and Energy (“Mich. EGLE”) issued a deficient regulatory-impact statement when promulgating rules establishing the allowable maximum-contaminant levels of seven PFAS and PFOA chemicals in drinking water. The court found that the Mich. EGLE failed to consider anticipated costs imposed on 3M and other similarly situated companies by the proposed PFAS rules, which the Mich. EGLE reported would also set the Michigan rules for PFAS in groundwater. Although the court concluded that a deficient regulatory-impact statement invalidates the promulgated rules, it stayed the effects of its ruling until the parties have exhausted their appellate rights and a final judgment is issued. The Mich. EGLE has appealed the decision with the Michigan Court of Appeals

November 15, 2022 | 3M Co. v. Mich. Dep’t of Env’t, Great Lakes, & Energy Case No. 21-000078-MZ (Mich. Cl. Ct.)