The Michigan Court of Appeals has affirmed a state rule aimed at keeping manure fertilizer from draining into waterways. The rule requires all concentrated animal feeding operations (CAFOs) to have discharge permits.
The Michigan Department of Environmental Quality began requiring discharge permits for CAFOs in 2003, but the Michigan Farm Bureau and other organizations argued that an operation must actually produce manure discharge before being required to obtain a permit.
The circuit court upheld the rule in 2009, which led to an appeal decided Wednesday supporting that ruling. Opponents of the rule, including the Michigan Farm Bureau and other farming operations and organizations, think the rule is unnecessary and causes an undue burden for CAFOs. Supporters of the rule believe it supports the safety of the state's water supply.
In contrast to the Michigan decision, the 5th Circuit overturned a similar rule earlier this month. To read about the 5th Circuit case, click here.
Posted: 3/31/11
