MICH. FARM BUREAU v. DEPT. OF ENVIRONMENT

No. 356088.

997 N.W.2d 467 (2022)

343 Mich.App. 293

MICHIGAN FARM BUREAU, Michigan Milk Producers Association, Michigan Pork Producers Association, Michigan Allied Poultry Industries, Dairy Farmers of America, Select Milk Producers, Inc., Michigan Cattlemen's Association, Snider Farms, LLC, doing business as Airport View Turkeys, Alpine Pork, LLC, Ate Farms, LLC, Bebow Dairy Farm, Inc., doing business as Bebow Dairy Farm, Bennett Farms Livestock, LLC, doing business as Bennet Farms Livestock, Bleich Dairy, Brook View Dairy, LLC, doing business as Brook View Dairy, Burns Poultry Farms, Inc., Car-Min-Vu Farms, LLC, doing business as Car-Min-Vu Dairy, Cary Dairy Farm, Inc., Cary's Pioneer Farm, Inc., Centerwood Farms, LLC, Central Michigan Milk Producers, LLC, doing business as Central Milk Production, Clover Farms, doing business as Clover Family Farms, Contract Finishers, Inc., Courter Farms East Feedlot, LLC, doing business as Courter Farms East, Courter Farms West Feedlot, LLC, doing business as Courter Farms West, Crossroads Dairy, LLC, D & K Farms, Den Dulk Dairy Farm, LLC, Deyoung Pork, Inc., doing business as Deyoung Pork, Inc., Plainwell, Double Quad Farms, LLC, doing business as Double Quad Farms, Dutch Meadows Dairy, LLC, doing business as Dutch Meadows Dairy, Dykhuis Farms, Inc., doing business as Baseline Farm, Ehinger Farm, Riverbend Farm, Shamrock Farm, and Village Central Sandy Ridge, Edge Wood Dairy, LLC, doing business as Edge Wood Dairy, Fairgrove Farms, Inc., doing business as Fairgrove Farms, Gernaat Family Farms, GW Dairy, LLC, Halbert Dairy, LLC, doing business as Halbert Dairy, DJN Cattle Farms, Inc., doing business as Halliwill Farms, Hickory Gables, Inc., doing business as Hickory Gables, High Lean Pork, Inc., doing business as High Lean Pork 3, Highland Dairy, LLC, doing business as Highland Dairy, Geerlings Hillside Farms, LLC, doing business as Hillside Farms-Fennville, Hillside Farms-Overisel, and Hillside Farms-Overisel Hog Barns, Harvest Hill Farm, Hass Feedlot, LLC, doing business as Hass Feedlot Home Farm and Hass Feedlot 2, Holloo Farms, LLC, doing business as Holloo Farms, Huron Pork, LLC, Ingleside Farms, J&J Russcher Properties, LLC, J and A Pork, LLC, doing business as J and A Pork, Jmax, LLC, doing business as Jmax Dairy, Karnemaats, LLC, Kober Farms, LLC, Ky-10 Farms, LLC, doing business as Ky-10 Farms, Laier Farms, Inc., doing business as Laier Farms, Lucky 7 Dairy, LLC, Lucky 7 Farms, LLC, Myers Farms, LLC, doing business as Myers Farms, New Flevo Dairy, Inc., doing business as New Flevo Dairy, Nobis Farms, LLC, doing business as Nobis Dairy Farms, NVF, Inc., Oomen Brothers, Inc., doing business as Oomen Brothers Hogs, Packard Farms, LLC, doing business as Packard Farms, Payla Meadows, LLC, Peaceful Road Farm, LLC, doing business as Peaceful Road Farms, Performance Farms, LLC, Petro Farms, LLC, Poll Farms, Inc., Prairie View Dairy, LLC, Precision Pork Farm, Inc., doing business as Precision Pork Farm, Preferred Hog Farms, Inc., doing business as Preferred Hog 146th, The Preston Farms, LLC, doing business as Preston Hog Farms, Pridgeon Farms, LLC, doing business as Pridgeon Farms, Psy Farms, R & R Pork, LLC, doing business as R & R Pork, Rapid Ridge Farms, LLC, doing business as Rapid Ridge, Red Arrow Dairy, LLC, doing business as Red Arrow Dairy, Ruggles Beef Farms, LLC, doing business as Ruggles Beef Farms, S & T Barns, LLC, doing business as S & T Barns-Booth, S & T Barns-Fawn River, S & T Barns-TSC, and S & T Barns-Haenni, Sand Creek Dairy, LLC, Scenic View Dairy, LLC, doing business as Scenic View Dairy, Schuring Swine, LLC, doing business as Schuring Farms, Scott McKenzie Farms, Seldom Rest Hog Farm, LLC, doing business as Seldom Rest Hog Farm, Side Street Pork, LLC, doing business as Side Street Pork, Skinner Farms, LLC, doing business as Skinner Farms, Steenblik Dairy, Inc., Stewart Farms, LLC, doing business as Stewart Farms, Storey Farms, LLC, Stoughton Creek Farms, LLC, doing business as Stoughton Creek Farms, Swisslane Dairy Farms, Inc., doing business as Swisslane Farms, Terrehaven Farms, Inc., doing business as Terrehaven Farms, Valley View Pork, LLC, doing business as Valley View Pork, Van Oeffelen Farm Services, Vanderploeg Holsteins, LLC, doing business as Vanderploeg Holsteins, VDS Farms, LLC, doing business as VDS Farms-Fulton and VDS Farms-S Avenue, Veld Farms, LLC, doing business as Veld Farms, Walnutdale Farms, Inc., doing business as Walnutdale Farms Dorr Twp, Wil-Le-Farms, Inc., doing business as Wil-Le Farms, Willow Creek Farms, Willow Point Dairy, LLC, doing business as Willow Point Dairy, Wilson Centennial Farm, LLC, Bakerlads Farm, Deer Creek Poultry Farm, Hartland Farms, Inc., doing business as Hartland Farms, Hudson Dairy, LLC, doing business as Hudson Dairy, Mayflower Dairy, LLC, Meadow Rock, LLC, doing business as Meadow Rock Dairy, Medina Dairy, LLC, doing business as Medina Dairy, Nobel Family Dairy, LLC, Ottawa Turkey Farm, doing business as Ottawa Turkey Farm 112th, and Crockery Creek Turkey Farms, LLC, doing business as Crockery Creek — 80th, Plaintiffs-Appellants, v. DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY, Defendant-Appellee.

Court of Appeals of Michigan.

Decided September 15, 2022, 9:10 a.m.


Attorney(s) appearing for the Case

Clark Hill PLC, Lansing (by Michael J. Pattwell and Zachary C. Larsen ) for plaintiffs.

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, and Jennifer Rosa and Elizabeth Morrisseau , Assistant Attorneys General, for defendant.

Before: Gadola, P.J., and Servitto and Redford, JJ.


Plaintiffs appeal as of right the Court of Claims opinion and order granting the motion of defendant, the Michigan Department of Environment, Great Lakes, and Energy (EGLE), for summary disposition and the dismissal of plaintiffs' case for lack of jurisdiction because plaintiffs failed to follow the available administrative process to...

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