The Lead Off
- An Ingham County judge has invalidated portions of Michigan’s livestock waste permit governing large-scale animal feeding operations.
- The court found state environmental regulators violated due process when adding certain manure-management requirements.
- Other permit provisions, including restrictions on winter manure application and phosphorus standards, remain in effect.
LANSING, MICH. (WOWO) — An Ingham County judge has struck down key portions of Michigan’s permit regulating large-scale livestock operations, ruling that state environmental regulators violated due process when adopting additional manure-management requirements.
In a June 8 order, Judge Richard Garcia of the 30th Circuit Court determined that the Michigan Department of Environment, Great Lakes and Energy (EGLE) improperly added certain restrictions to the state’s permit governing concentrated animal feeding operations, commonly known as CAFOs.
Court finds due process violations
The dispute centers on changes made by EGLE Director Phil Roos when he issued a final decision on the permit last fall according to Michigan Advance.
Roos reinstated several provisions that had previously been removed by an administrative law judge, including a prohibition on applying animal waste to crop fields during the first two weeks of March.
Garcia ruled that the process used to approve those provisions violated due process protections under both the Michigan and U.S. Constitutions.
The judge noted that the former Environmental Permit Review Commission, which previously handled final permit reviews, was eliminated in 2024 through an executive order issued by Gov. Gretchen Whitmer. Authority for final decisions was transferred to the EGLE director.
According to Garcia’s ruling, state law requires final agency decisions to be made either by an impartial administrative law judge or an independent expert panel.
While executive orders can reorganize executive branch functions, Garcia wrote that they cannot override statutory due process requirements.
Notice requirements also challenged
The court also agreed with arguments from agricultural organizations that EGLE failed to provide adequate public notice regarding some of the conditions later added to the permit by Roos.
As a result, those provisions were invalidated.
The ruling stemmed from challenges filed by livestock producers and agricultural industry groups that opposed several of the stricter manure-management requirements.
Some environmental protections remain
Not all portions of the permit were affected by the decision.
Garcia upheld provisions previously approved by the administrative law judge, including:
- A wintertime ban on applying, selling, or giving away animal waste.
- Enhanced phosphorus management standards for agricultural soils.
- Requirements intended to reduce nutrient runoff into lakes, rivers, and streams.
Environmental regulators and advocacy groups have argued that excess phosphorus and bacteria from manure can contribute to harmful algal blooms and water quality problems.
According to the Environmental Law and Policy Center, concentrated animal feeding operations in Michigan generate approximately 62.7 million pounds of animal waste each day.
Reactions from stakeholders
EGLE said it is reviewing the court’s decision and considering potential next steps.
“This is a complex and important issue and protecting Michigan’s water resources remains central to our mission,” said EGLE Communications Director Dale George. “One thing is clear: Michigan’s expectations of our farmers have not kept up with our evolving practices. Too many examples exist where manure and its bacterial and nutrient components are getting into Michigan’s waters. We must do better.”
Environmental groups expressed disappointment with portions of the ruling.
Katie Garvey, a senior attorney with the Environmental Law and Policy Center, criticized what she described as a prolonged legal effort by large livestock operations to resist additional pollution-control measures.
Meanwhile, Megan Tinsley, water policy director for the Michigan Environmental Council, urged regulators to move quickly to implement stronger protections.
“Water pollution is not improving in Michigan,” Tinsley said. “Waterbodies continue to fail to meet their designated uses, such as swimming, and more rivers and streams become impaired every year.”
Permit history and future action
Michigan is required to issue a new CAFO general permit every five years. However, legal challenges delayed implementation of the permit originally scheduled for 2020.
Roos ultimately approved the updated permit in 2025 and adjusted its expiration timeline to account for the delays.
The Takeaway
Court invalidates added manure restrictions
A Michigan judge ruled that EGLE violated due process when additional manure-management requirements were added to the state’s livestock waste permit, resulting in those provisions being struck down.
Key environmental safeguards remain in place
The ruling preserves several permit requirements, including winter manure-spreading restrictions and stricter phosphorus standards designed to protect water quality.
State reviewing next steps
EGLE is evaluating the court’s decision and may pursue further legal or administrative action as Michigan continues efforts to regulate large-scale livestock operations and address agricultural runoff concerns.
