LANSING, Mich. (Jan. 11, 2024) – NFIB Senior Attorney Patrick Moran will deliver an oral argument in the case Michigan Farm Bureau, et al. v. Department of Environment, Great Lakes, and Energy at the Michigan Supreme Court. NFIB filed an amicus brief in the case with the Michigan Chamber of Commerce.

“This case clearly illustrates the continued overreach exhibited by unelected bureaucrats in Michigan government,” said Amanda Fisher, NFIB Michigan State Director. “NFIB is thankful that the Michigan Supreme Court has given us time to share how small businesses are affected when agencies disregard legislative statutes. Small business owners expect government regulations to be reasonable and accountable. We’re hopeful the Court will understand these concerns and uphold the lower court’s ruling.”

The case concerns the Administrative Procedures Act (APA) and how the Michigan Department of Environment, Great Lakes, and Energy (EGLE) defines a “rule.” NFIB’s brief argues: 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.

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.