LANSING – Energy companies have no authority to compel the Department of Environmental Quality to use their preferred permit requirements, the Court of Appeals said Wednesday in an unpublished decision that put Midland Cogeneration Venture power company on the losing end of a case it filed against the DEQ.
Midland Cogeneration originally won its plea that it shouldn’t be held to emission caps the DEQ placed on the company under the Clean Air Interstate Rule, which limits nitrogen oxide emissions because of the timing of its application to the DEQ.
But this week in Midland Cogeneration v. DEQ (COA docket No. 282716), appellate judges reversed that ruling, saying that an electric facility subject to the DEQ’s rules has no inherent rights to compel the DEQ to change its actions.
Further, the opinion said, the law clearly gives the department discretion in deciding which emissions data to use when submitting information to the U.S. Environmental Protection Agency.
The opinion was signed by Judges David Sawyer, Kathleen Sawyer and Joel Hoekstra.
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