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WOLVERINE POWER COOP v. DEQ

Docket No. 287553.

777 N.W.2d 1 (2009)

285 Mich. App. 548

WOLVERINE POWER Supply COOPERATIVE, Inc. v. DEPARTMENT OF ENVIRONMENTAL QUALITY.

Court of Appeals of Michigan.

Decided September 15, 2009, at 9:00 a.m.

Attorney(s) appearing for the Case

Warner Norcross & Judd LLP (by John J. Bursch, Grand Rapids, Steven C. Kohl, and Sarah C. Lindsey, Southfield), for Wolverine Power Supply Cooperative, Inc.

Varnum LLP (by Aaron M. Phelps and Bruce Goodman), Grand Rapids, for Mid-Michigan Energy, LLC.

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, and Neil D. Gordon, Assistant Attorney General, for the Department of Environmental Quality.

Miller, Canfield, Paddock and Stone, P.L.C. (by Ronald E. Baylor, Kalamazoo, Jaclyn Shoshana Levine, Lansing, and Kelly M. Martorano, Troy), for Consumers Energy Company.

Before: WHITBECK, P.J., and DAVIS and GLEICHER, JJ.

PER CURIAM.

Defendant, Department of Environmental Quality (the Department), appeals as of right the trial court's order granting plaintiffs, Wolverine Power Supply Cooperative, Inc., and Mid-Michigan Energy, LLC, summary disposition under MCR 2.116(C)(10). Because we conclude that the Department had no authority to promulgate the rule in question — which adds a contested case procedure for permits to install major sources of air emissions — we affirm...

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