Seven County Farm Bureaus have approved contributions totaling $29,500 to help cover legal fees in two lawsuits against the Michigan Department of Energy, Great Lakes, and the Environment (DEGLE) challenging the 2020 CAFO General Permit:
- Genesee — $10,000
- Kent — $10,000
- Clinton — $5,000
- Oakland — $2,500
- Wayne — $1,000
- Hiawathaland — $500
- Livingston — $500
The case has cost more than $400,000 in legal fees as the court challenge enters its third year, according to MFB Legal Counsel Andy Kok.
“The financial support from CAFO owners, industry groups and county Farm Bureaus has been strong for the last two years, so the recent additional financial commitments from County Farm Bureaus are simply outstanding,” Kok said.
According to Kok, DEGLE and the state Attorney General’s Office continue to commit significant staff and financial resources in arguing for the proposed 2020 CAFO permits.
“During the last five months, our legal team at Clark Hill law firm and our witnesses participated in a series of hearings in front of an administrative law judge which took three weeks, spread out from December through February,” Kok said.
While the judge appeared receptive to the ag industry’s arguments, Kok said additional expenses and time will be incurred as each side drafts legal briefs to make their case, which will conclude in July.
“The judge has indicated that it will take nine months to read the arguments, review the hearing transcripts, and consider the law before issuing his final ruling,” Kok added. “So realistically, we do not expect a ruling in the case until April 2023, a full year from now.”
In the second legal case challenging the permit, the Michigan Court of Appeals heard oral arguments May 4 and is expected to issue an opinion sometime later this summer.
“Obviously, the two lawsuits will continue to incur legal expenses, meaning we will need to continue relying on contributions from CAFO operators, commodity groups and county Farm Bureaus,” Kok said.
While any financial support is appreciated, county Farm Bureaus are encouraged to consider contributions of $500 to $5,000. If your county Farm Bureau would like to contribute to this case, checks can be made out to Michigan Farm Bureau, with "CAFO Challenge" in the memo line, and mailed to: Michigan Farm Bureau; c/o April Cantrell; 7373 W. Saginaw Hwy.; Lansing, MI 48917
For any donation-related questions, contact April Cantrell 517-679-5349 or speak with your MFB regional manager.
If you have any questions about the lawsuits, feel free to contact any of the following MFB staff members for additional information: Andy Kok, Allison Eicher, Matt Smego, Laura Campbell and Ernie Birchmeier.