In late August, the Michigan Court of Appeals ruled in favor of 3M Company’s objection to the rules established by the Michigan Department of Environment, Great Lakes and Energy (EGLE). These regulations were put in place to control the amount of particular per- and polyfluoroalkyl substances (PFAS) in the drinking water supply. This information was conveyed in a 2-1 decision, wherein the court decided that EGLE breached the Administrative Procedures Act, due to the absence of a comprehensive regulatory impact statement (RIS) detailing the authentic cost of the suggested rule on businesses and other parties. This was reported by Warner Norcross + Judd.
These latest rulings are of enormous significance to legal professionals working in environmental law and those representing corporations with potential exposure to liabilities related to PFAS. It also is crucial for those representing companies in industries such as manufacturing that might be greatly impacted by shifts in regulation around these chemicals.
PFAS, also known by names such as “forever chemicals” due to their persistence in the environment and in our bodies, have become a significant concern in recent years. The health risks related to PFAS have led to a cascade of regulations, both in the United States and internationally.
This recent decision presents a key turning point for future regulation and litigation centered on these chemical substances. It sets a precedent that could potentially impact how regulations are drafted and implemented at not only a statewide level but also potentially on a broader scale.