Michigan Implements Stricter Regulations on Industrial Farm Pollution

Michigan’s environmental regulators have begun enforcing new pollution control measures aimed at industrial farms, specifically targeting confined animal feeding operations (CAFOs). More than five years after the initial announcement of these stricter controls, the Michigan Department of Environment, Great Lakes and Energy (EGLE) issued regulations on Wednesday that require significant changes in how CAFOs manage waste.

Under the updated general pollution discharge permit, CAFOs—facilities that house large numbers of livestock—must adopt measures to prevent manure and urine from contaminating state waterways. The new regulations include a prohibition on spreading manure on fields from January through most of March, when the ground is typically frozen. Additionally, grassy buffers are now mandated near rivers and creeks, and CAFOs face enhanced reporting requirements.

EGLE Director Phil Roos announced the permit decision after a prolonged legal struggle with the Michigan Farm Bureau and other agricultural interests that opposed the implementation of more stringent pollution controls. “It has been five-and-a-half years — a lot of blood, sweat and tears,” Roos stated during the announcement.

While representatives from the Farm Bureau declined to comment, environmental advocates celebrated the move as a victory for public health and environmental protection. Michigan’s CAFO industry has expanded significantly, tripling in size since the year 2000, and now consists of approximately 290 large operations that produce more waste than the entire human population of the state.

The ramifications of agricultural pollution are particularly concerning for local communities. Katie Garvey, a senior attorney with the Environmental Law & Policy Center, emphasized the real impact on residents living near these operations. “It’s not abstract. It’s real. It’s in their water. It’s in their communities,” she noted.

The legal battle over CAFO regulations has been extensive. Following the introduction of the updated regulations in January 2020, farm industry groups filed an administrative appeal and initiated a lawsuit against EGLE. This conflict reached the Michigan Supreme Court, which ruled in favor of the state regulators last year. An administrative law judge also affirmed EGLE’s authority to issue the new permit with modifications.

On Wednesday, Roos accepted some of the suggested modifications but rejected others, allowing EGLE to proceed with the enforcement of the updated permit. Garvey expressed the need for continued vigilance, stating, “We can’t sit back and say all right, we’re done. There’s still a lot that needs to be done in terms of implementation.”

One significant concern tied to CAFO pollution is its contribution to toxic algae blooms in areas like Lake Erie. Scientists have identified manure runoff as a major factor in these environmental issues, which become evident in the lake’s green appearance each summer. Michigan aimed to reduce phosphorus levels entering Lake Erie by 2025, but the state has yet to meet this goal and has not established a new timeline for achieving it.

The implementation of these regulations marks a critical step in addressing the environmental impact of CAFOs in Michigan. As enforcement begins, both regulators and environmental advocates are closely monitoring compliance to ensure that the health of local communities and ecosystems is prioritized.