Split Michigan Appeals Panel Rules In 3M’s Favor Again On PFAS Water Rules

( September 23, 2025, 11:29 AM EDT) -- LANSING, Mich. — In an unpublished per curiam opinion, a divided Michigan appellate panel has affirmed a trial court’s order for the second time in favor of 3M Co., ruling that the Michigan Department of Environment, Great Lakes, and Energy (EGLE) violated the state’s Administrative Procedures Act (MAPA) when it issued new rules for permissible levels of per- and polyfluoroalkyl substances (PFAS) in drinking water without preparing a regulatory impact statement (RIS) that includes an estimate of how much compliance with the proposed rules will cost “businesses and other groups.”  The per curiam opinion came after the Michigan Supreme Court remanded the case with instructions to address a specific question that was unanswered in the panel’s previous divided opinion....