Judge Hayman on Thursday dismissed the plaintiffs' remaining allegation that DEQ's process violates the Elliot-Larson Civil Rights Act. The judge also emphasized that race was not an issue in the case. His proposed remedies also infringe on the Legislature's authority. Judges should interpret the law, not attempt to write it. McIntosh said the current permitting procedure is protective of everyone's health, and that the judge's injunction against issuing air permits for major sources could have environmental repercussions as well as cripple Michigan's economy.
Many permits are for proposed modifications to improve a facility's process.
Air permits are the lifeblood of industry. Our inability to issue permits, even temporarily, will have a negative impact on economic growth. We're confident that this opinion will not withstand appellate court scrutiny. Michigan's families and job providers deserve a swift and fair resolution to this matter.