Michigan AG Appealed Decision Invalidating State PFAS Standards for Drinking Water

FEBRUARY 8, 2024

Michigan Attorney General Dana Nessel issued a statement after the Michigan Supreme Court agreed to hear her appeal of a court decision invalidating rules issued by the Michigan Department of Environment, Great Lakes, and Energy setting standards for per- and polyfluoroalkyl substances (PFAS) in drinking water. After the rules were issued in 2020, 3M filed a lawsuit challenging the scientific basis of the rules. While those claims were rejected by both the Court of Claims and the Court of Appeals, the rules were ultimately invalidated by both courts “based on the failure to conduct a cost/benefit analysis.” However, the claims court “stayed the effects of the invalidation of the rules in recognition of the importance of these protective standards.” After the Supreme Court issued an order accepting AG Nessel’s application for appeal, AG Nessel made the following statement: “We believe the record supports that EGLE’s rule making process for these standards was valid, and I am committed to ensuring that these science-based state standards stay in place to protect human health and the environment.”