Michigan Court Green-Lights State Regulation of Livestock Manure

A recent Michigan Supreme Court ruling has granted the state’s Department of Environment, Great Lakes, and Energy full authority to require industrial animal agriculture to take stronger action to address manure runoff into waterways, according to an article in Great Lakes Now. The decision could have major implications for water quality in the state, which has close to 300 concentrated feeding operations, or CAFOs. Each year, these CAFOs produce most of the 4 billion gallons of untreated urine and feces generated by cows, hogs, chickens and turkeys across the state, reports Keith Schneider.

Discharge from CAFOs, which contains toxic levels of nitrates, phosphorous, and E.coli bacteria, leach into surface and groundwater across Michigan and contribute to the phosphorus pollution that causes toxic algal bloom in Lake Erie. Until now, the agricultural industry, including the Michigan Farm Bureau, has pushed back against stronger regulations, which they say will make it harder for farmers to do business in the state. EGLE has not yet made decisions on next steps, but Great Lakes Now reports it can now take a range of actions. For example, it might require CAFOs to treat manure in wastewater facilities before it’s spread on fields or install sensing and monitoring networks to detect leaks in manure storage takes and lagoons. “And the agency could also require animal agriculture to meet state limits for phosphorus, bacteria, and other pollutants in state waters’ and could limit the number of animals housed in a CAFO,” Schneider writes.

Regardless of next steps, it’s a big win for environmental advocates.