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Challenge to state PFAS rules on MI Supreme Court’s November docket

Michigan Supreme Court
Rick Pluta
/
MPRN
Michigan Supreme Court

The court will hear arguments on whether a state agency failed to follow a critical step as it adopted rules to protect drinking water from contamination

The regulations are aimed at PFAS, a family of chemicals used in clothing, cookware and firefighting foam.

The lawsuit filed by the manufacturer 3M claims the state did not include a thorough calculation of the costs of complying with the new rules. That step is required under Michigan’s Administrative Procedures Act.

The state lost in lower courts, and now the Department of Environment, Great Lakes and Energy is hoping for better luck before the Michigan Supreme Court, which has put the case on its November docket.

3M argues the agency did not include groundwater cleanup costs in its calculations.

The state argued in lower courts that it only had to show its estimate for drinking water.

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