Mich. Appeals Court Nixes Air Quality Permit Hearings

Law360, New York (September 16, 2009, 4:31 PM EDT) -- The Michigan Department of Environmental Quality can't afford individuals the right to hearings to contest air quality permits for major sources of emissions such as power plants, a state appeals court has affirmed.

In a decision issued Tuesday, a three-judge panel of the State of Michigan Court of Appeals affirmed the Missaukee Circuit Court's decision that struck down a rule allowing individuals to ask for formal hearings to fight air quality permits.

The Department of Environmental Quality rule at issue, Rule 1830, conflicts with state laws...
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