Michigan Farm Bureau v. Dept of Environment Great Lakes and Energy

Summary

The Michigan Supreme Court held that EGLE's 2020 CAFO general permit and its discretionary conditions were not rules under the APA because EGLE lacked delegated authority to issue rules governing those NPDES permits, so the conditions could not have the force and effect of law. Because the action did not challenge an APA rule, the Court of Claims lacked subject-matter jurisdiction under MCL 24.264, and the Court affirmed the dismissal while vacating the Court of Appeals' contrary characterization of the conditions as rules.