Environmental Permit Review Commission
Act 268 of 2018 creates an Environmental Permit Review Commission (EPRC) in the Department of Environment, Great Lakes, and Energy (EGLE) to advise the Director on two separate processes: disputes related to permit applications and contested cases regarding a permit decision. The Commission consists of 15 individuals appointed by the Governor. “Permit” means any permit or operating license issued by EGLE under the Natural Resources Environmental Protection Act, 1994 PA 451, as amended (NREPA) or the rules promulgated under NREPA.
Permit applicants have the right to file a petition with the Director who then has 45 days to negotiate a decision. If the dispute is not resolved, the Director selects and convenes a three-person Panel selected from the Commission. The Panel meets with the applicant and EGLE to hear both sides. The Panel issues a recommendation to the Director and applicant. The Director issues a written decision that either agrees or disagrees with the Panel's recommendations.
In a contested case regarding a permit, an administrative law judge would preside, make the final decision, and issue the final decision for EGLE. Any party to the case could seek review of the final decision and order by a three-person Panel selected from the Commission. The Panel's review would be limited to the record established by the administrative law judge. The Panel could adopt, remand, modify, or reverse, in whole or in part, a final decision and order. The Panel's decision would become EGLE's final decision.
NEXT EPRC MEETING:
The EPRC meeting scheduled for September 28, 2020 has been rescheduled. The next EPRC meeting will take place on:
Date: December 7, 2020
Time: 1:00 p.m.
Location: Microsoft Teams Meeting
Telephone: 1-248-509-0316 (toll number)
Conference ID: 756 452 977#
To attend the virtual public meeting, click on the Microsoft Teams Meeting link above. If you do not have internet access or would like to participate via telephone, please call the toll number above and enter the conference ID.
NEXT EPRC PANEL MEETING:
There are not any panel meetings scheduled at this time.