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A Better Partnership

March 2011

Mar 2011
March 30, 2011

COA Opinion: Michigan's Natural Resources and Environmental Protection Act gives DEQ authority to regulate concentrated animal feeding operations regardless of actual waste discharge

In Michigan Farm Bureau v. Department of Environmental Quality, the Court of Appeals held that DEQ Rule 2196 does not exceed the scope of the DEQ's statutory rulemaking authority under Michigan's Natural Resources and Environmental Protection Act (NREPA). Rule 2196 requires all owners and operators of concentrated animal feeding operations (CAFOs) to obtain a Natio

Mar 2011
March 26, 2011

Cameras in the Court of Appeals'

On Friday, the Michigan Supreme Court denied reconsideration of its earlier denial of leave to appeal to a free-lance journalist whose request to videotape proceedings in the Court of Appeals. Justice Markman concurred, but wrote separately to raise his concerns about Administrative Order 1989-1 which permits co

Mar 2011
March 26, 2011

MSC Order List: March 26, 2011

The Court granted leave in two cases, denied leave in three cases, and denied reconsideration in one case. In People v. Kowalski, the Court granted leave to appeal to address whether expert testimony regarding the existence of false confessions, and the interrogation techniques and psychological factor

Mar 2011
March 25, 2011

COA Opinion: Circuit-court judges have exclusive constitutional authority over the selection of deputy circuit-court clerks

On March 24, 2011, the Michigan Court of Appeals published its opinion in AFSCME Council 25 v. County of Wayne, No. 298655. The court held that the Third Judicial Circuit Court of Michigan (the 'Third Circuit') has 'exclusive authority' over the assignment of deputy circuit-court clerks to its judges' courtrooms as part of the 'judicial branch's in

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