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The Michigan Department of Environment, Great Lakes, and Energy (EGLE) is poised to begin enforcing tougher permit standards for concentrated animal feeding operations (CAFOs), aiming to curb nutrient pollution in state waters. CAFOs can generate significant nutrient waste, which can impact water quality if not properly managed.
The move to enforcement follows a lengthy legal battle over EGLE's authority to impose stricter conditions under the federal Clean Water Act. EGLE first revised its National Pollutant Discharge Elimination System (NPDES) general permit for CAFOs in 2020. Farm groups challenged the changes, but in July 2024, the Michigan Supreme Court upheld EGLE's authority, ruling the conditions are valid permit terms rather than administrative rules. An administrative law judge later adopted this decision, clearing the way for enforcement beginning this year.
Key provisions of Michigan's updated CAFO permit prohibit manure application from January through mid-March to prevent runoff and require buffer zones, stricter phosphorus limits, enhanced reporting, and improved waste storage standards. Noncompliance may result in permit violations, enforcement actions, and potential litigation under the Clean Water Act.
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