LANSING, MI — New state Attorney General Dana Nessel plans to scrutinize laws passed by Republicans during the recent lame duck session that public health advocates say will weaken pollution cleanup standards and hinder stricter environmental regulations.

Nessel’s office said a review of HB 4205 (now Public Act 602 of 2018) and SB 1244 (now Public Act 581 of 2018) are a “top priority” for the Democrat. Former Gov. Rick Snyder signed both bills on Dec. 28 to the dismay of state environmental groups.

Together, the bills limit the science that regulators could use to set toxic site cleanup standards and prohibit state regulations from being stricter than federal ones.

Nessel’s office did not provide specifics about the legislation reviews, but did say they are a precursor to determining whether she will follow through on Snyder’s request to her predecessor to sue 3M over PFAS contamination in Michigan.

"Although former Governor Snyder asked former Attorney General Bill Schuette more than six months ago to sue 3M over groundwater contamination linked to their products (PFAS), Schuette never took action,” said Nessel spokesperson Kelly Rossman-McKinney.

“Michigan's new Attorney General Dana Nessel is eager to pursue the issue; however, two bills signed into law (HB 4205 - PA 602 of 2018 and SB 1244 - PA 581 of 2018) by Snyder require further investigation to determine exactly how they impact the state moving forward.”

Nessel’s office said the reviews were not requested by Gov. Gretchen Whitmer, whose office released a statement saying she “appreciates the review,” as the new laws are “bad policy because they limit the ability of state government to protect public health and safety.”

“Governor Whitmer would not have signed HB 4205 or SB 1244, had they been presented to her,” said spokesperson Tiffany Brown.

Brown said Whitmer’s team consulted with Nessel on the bills during transition.

Whitmer and Nessel both expressed concern about HB 4205 before Snyder signed the bill. Although the law includes an exception allowing stricter than federal rules when there’s a “clear and convincing need,” critics consider that an arbitrarily high bar.

The Michigan Department of Environmental Quality, which is working under a new director, Liesl Eichler Clark, said it’s also reviewing the new laws.

“DEQ’s commitment to protecting the public and Michigan’s environment remains unchanged,” said spokesperson Scott Dean. “We are reviewing the final bills that emerged from the lame duck session.”

Although the DEQ did not take a position on the legislation during the lame duck session, 82 staff members took the rare step of publicly opposing SB 1244, saying in a letter to Snyder that the bill would only benefit polluters at the expense of citizens and it had “no basis in the protection of health and the environment.”

The bill was sponsored by Sen. Jim Stamas, R-Midland, who argued it was necessary to spur redevelopment at contaminated sites. It was supported by business groups like the Michigan Chamber of Commerce, the Michigan Chemistry Council and the Michigan Manufacturers Association (MMA).

The MMA was meeting regularly with DEQ staff in 2018 related to the state’s investigation into PFAS pollution in drinking water and the environment.

A message seeking comment from Andy Such, lobbyist for the MMA who supported the bill during its passage through the legislature, was not returned this week.

Environmental groups in Lansing say they’re encouraged by Whitmer’s actions thus far, related to seeking a legal review of lame duck legislation enabling construction of a utility tunnel for the controversial Enbridge Line 5 oil pipeline, and her signing of an executive directive on her first day in office requiring state employees to promptly report public health threats.

Nick Occhipinti, government affairs director at the Michigan League of Conservation Voters, said many in Lansing are still trying to understand the ramifications of the hundreds of bills pushed through the Legislature in lame duck.

“That was part of our critique of the way those bills were all rammed through,” he said. “Now, part of the work is unpacking what happened and what the implications will be.”