| | Charles E. Barbieri On August 22, 2023, in a decision that reinforces the need for Michigan regulatory agencies to strictly follow rule setting requirements in the Administrative Procedures Act (“APA”), a majority of a Michigan Court of Appeals panel ruled invalid a series of new rules issued by the Michigan Department of Environment, Great Lakes, and Energy (EGLE), which sought to impose new drinking water limits and groundwater cleanup criteria for PFAS chemicals. The decision, in 3M Company v. Department of Environment, Great Lakes, and Energy, affirmed a prior ruling of the Michigan Court of Claims that invalidated the same rules for failure of EGLE to “address any cleanup or compliance costs that a business or group would incur as a result of the PFAS rules”... 
| |  Charles E. Barbieri  
| |