Supreme Court sends PFAS rules case between state, 3M back to lower court
March 7, 2025
Read the full article by Beth LeBlanc (The Detroit News)
"The Michigan Supreme Court on Friday ordered a lower court to reconsider a case governing the future of Michigan regulations that seek to crack down on so-called "forever chemicals" in water supplies.
The Court of Appeals in 2023 had sided with chemical giant 3M Company and invalidated Michigan's rules setting strict limits on the amount of PFAS, or perfluoroalkyl and polyfluoroalkyl substances, contained in groundwater. The appellate panel ruled 2-1 that Michigan's Department of Environment, Great Lakes and Energy failed to follow the rulemaking process because it didn't estimate how much compliance with the rules would cost businesses.
Under the brief Supreme Court order issued Friday, the Court of Appeals will have to reconsider its decision based on other factors, such as a second set of amended rules that may have been compliant with the rulemaking process and whether 3M properly exhausted its administrative appeals before filing suit against the state."
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