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Sep 2009
September 16, 2009

MCA ruling: Making it easier for businesses to grow in Michigan

On Sept. 15, the Michigan Court of Appeals unanimously invalidated an MDEQ rule on air permits, making it easier for businesses to locate or expand their operations in Michigan. Warner Norcross Partner Steve Kohl successfully presented the oral argument before the court that invalidated MDEQ Rule 1830 This rule, which was established in 2006, had added another potentially lengthy layer in the process that manufacturing plants, power plants and other large companies had to work through before securing certain types of air permit to modify or build a facility.

By striking down the rule, the court eliminated the opportunity for a third party to bring an administrative contested case against a business looking to invest. While safeguards are still built into the process to protect the public, Kohl said that the Michigan Court of Appeals decision eliminates what could be an onerous step that would only delay construction and add to the cost of doing business in the state.

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