Wolverine Power Supply Cooperative, Inc v. Department of Environmental Quality

Defendant, Department of Environmental Quality (the Department), appeals as of right the trial court’s order granting plaintiffs, Wolverine Power Supply Cooperative, Inc., and Mid-Michigan Energy, LLC, summary disposition under MCR 2.116(C)(10). Because we conclude that the Department had no authority to pro mulgate the rule in question — which adds a contested case procedure for permits to install major sources of air emissions — we affirm.

I. BASIC FACTS AND PROCEDURAL HISTORY

The Department is a state agency that administers federal and state air quality standards. The Department has…