Small Businesses Argue EGLE Violates the APA in New Amicus Brief

Date: September 13, 2023

Michigan Farm Bureau v. EGLE concerns Administrative Procedures Act and separation of powers

LANSING, Mich. (Sept. 13, 2023)NFIB filed an amicus brief in the case Michigan Farm Bureau, et al. v. Department of Environment, Great Lakes, and Energy at the Michigan Supreme Court. The case concerns the Administrative Procedures Act (APA) and how the Michigan Department of Environment, Great Lakes, and Energy (EGLE) defines a “rule.” NFIB filed the brief with the Michigan Chamber of Commerce.

“Small businesses depend on government actions to be predictable, reasonable, and accountable,” said Amanda Fisher, NFIB Michigan State Director. “Unelected bureaucrats in government agencies do not have the authority to define a rule – that is the purview of the legislature. When agencies exercise legislative power as highlighted in this case, small businesses suffer. We ask the Court to uphold the lower court’s ruling.”

NFIB’s brief argues two main points: 1) EGLE’s actions violate the APA and undermine the separation of powers, and 2) small businesses will suffer if agencies enact rules without following APA procedures.

Small business owners consistently rank “Unreasonable Government Regulations” and “Uncertainty Over Government Actions” as top problems for their businesses.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

Related Content: Small Business News | Legal | Michigan

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