Michigan Supreme Court Considers PFAS Drinking Water Challenge

The Michigan Supreme Court Wednesday heard a dispute over whether the state’s environment department was required to disclose groundwater cleanup costs in a rule limiting PFAS in drinking water.

Chemicals company 3M Co., which runs a plant in Detroit, maintains that the Michigan Department of Environment, Great Lakes, and Energy (EGLE) violated the state Administrative Procedures Act (APA) by not estimating the cost of groundwater cleanup in its 2020 rule tightening the amount of per- and polyfluoroalkyl substances (PFAS) allowed in drinking water.

Lower state courts have thus far sided with the company, saying the department’s rules are invalid ...