MICHIGAN LAW DOJ May 30: Sues Whitmer & Nessel over climate litigation 6th Cir. May 27: Right to Life abortion suit dismissed on standing Gov. signs HB 4572 — $152M Selfridge runway at Mackinac EO 2026-12: Every Child Reads Champions Council EPA May 20: Proposed PFAS rollback — Michigan gap widens AG May 28: Dentist Kazanis — 43-count Medicaid fraud N.D. Cal.: $700M Google Play settlement approval

Sunday, May 31, 2026 — Memorial weekend, Mackinac Policy Conference, and a federal docket aimed at Lansing

Washington Sues Lansing

On May 30, 2026, the U.S. Department of Justice filed a federal complaint naming Gov. Gretchen Whitmer and Attorney General Dana Nessel, seeking to block Michigan’s climate-deception litigation framework and related retention of out-of-state special assistant attorneys general. The filing lands the same week the Sixth Circuit dismissed a federal challenge to Proposal 3, Whitmer signed $152 million in Selfridge runway funding on Mackinac Island, and the EPA proposed rolling back four federal PFAS drinking-water limits — leaving Michigan’s own maximum contaminant levels as the ceiling in many communities.

Federal complaint anchor 22 pages reported in the DOJ climate suit — paired with a 56% visual mnemonic for the Proposal 3 margin in 2022, not a court vote count.

U.S. Department of Justice — Federal court, May 30, 2026

Climate Litigation Preemption: DOJ Seeks to Void Michigan’s Fossil-Fuel Suit Framework

Capitol reporting describes a Justice Department action arguing that Michigan statutes authorizing climate-deception suits against oil and gas companies, and the Attorney General’s contracts with out-of-state firms on contingency fees, intrude on federal energy policy and interstate commerce. The complaint reportedly asks a federal court to declare the state framework unconstitutional and award fees to the United States.

Nessel’s office has retained special assistant attorneys general from firms including Sher Edling, DiCello Levitt, and Hausfeld under agreements running through September 30, 2027, with compensation tied to settlements. Press materials indicate the underlying climate suit remains in development after public announcement in May 2024.

Practice note: Municipal counsel monitoring parallel state AG climate dockets should calendar preemption briefing alongside any EGLE enforcement docket in the same client sector.
Michigan Capitol Confidential — DOJ climate litigation suit →

U.S. Court of Appeals for the Sixth Circuit — May 27, 2026

Proposal 3 Survives Federal Challenge: Panel Affirms Dismissal for Lack of Standing

Right to Life of Michigan and allied plaintiffs sued Whitmer, Nessel, and Secretary of State Jocelyn Benson in 2023, arguing Michigan’s voter-approved reproductive-rights amendment conflicts with the U.S. Constitution. The district court dismissed for failure to link concrete harm to those officials; the Sixth Circuit agreed without reaching the merits.

Plaintiffs’ posture

President Amber Roseboom said the opinion rested on standing alone and left the constitutional challenge unresolved — leaving open a possible U.S. Supreme Court petition.

Attorney General

Nessel called the suit procedurally flawed and politically motivated, noting 56% voter approval of Proposal 3 in November 2022 under Reproductive Freedom for All.

Michigan Public — Sixth Circuit dismissal →

Governor’s Office — Mackinac Policy Conference, May 27, 2026

Selfridge F-15EX Mission: Whitmer Signs HB 4572 for $152 Million in State Runway Work

At the Mackinac Policy Conference, Whitmer signed House Bill 4572, sponsored by Rep. Ron Robinson (R-Utica) and advanced by Sen. Kevin Hertel (D-St. Clair Shores), committing state dollars to runway upgrades at Selfridge Air National Guard Base to secure the pending F-15EX Eagle II mission. Reporting pairs the state appropriation with roughly $792 million in federal commitment.

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State share signed May 27, 2026, with stakeholders gathered on Mackinac Island during the Detroit Regional Chamber conference.

HB 4572

Enrolled appropriation for Selfridge infrastructure as summarized in regional reporting.

Federal match

Approximately $792M federal funding described alongside the state signature event.

News From The States — Whitmer signs Selfridge funding bill → Michigan Legislature — House Bill 4572 of 2026 →

EPA & EGLE — Safe Drinking Water Act, May 2026

Federal PFAS Rollback Leaves Michigan MCLs as the Ceiling for Four Compounds

On May 20, 2026, the EPA published proposed rules that would rescind 2024 maximum contaminant levels for PFHxS, PFNA, HFPO-DA (GenX), and mixture hazard-index standards, while offering optional two-year compliance extensions for PFOA and PFOS limits that remain at 4 ppt. Michigan’s delegated enforcement authority means state limits must track federal floors — but where federal limits disappear, Michigan’s own rules govern.

CompoundRescinded federal (2024)Michigan MCLPost-rollback posture
PFHxS10 ppt51 pptMichigan standard looser than rescinded federal
GenX10 ppt370 pptWidest reported gap for consumers on private wells
PFNA10 ppt6 pptState remains stricter on this compound
PFOA4 ppt8 pptFederal limit still binds; Michigan at 8 ppt

Rep. Debbie Dingell (D-Mich.) and the bipartisan congressional PFAS task force urged the EPA not to weaken protections in a May 13 letter. Public comment on the proposals runs through July 20, 2026, with a virtual hearing July 7.

Planet Detroit — EPA PFAS rollback and Michigan water → Pillsbury — EPA proposed PFAS amendments → EGLE — PFAS response →

Executive Order 2026-12 — May 28, 2026

Every Child Reads Champions Council Replaces the PreK-12 Literacy Commission

Whitmer’s order creates an advisory Every Child Reads Champions Council within MiLEAP, rescinds Executive Order 2016-18, and tasks MiLEAP with annual implementation updates due each October 1 beginning in 2027, plus a public dashboard refresh each January with disaggregated district data.

  1. Advisory chargeCounsel the Governor on literacy initiatives aligned with the Every Child Reads framework.
  2. MDE coordinationMiLEAP prepares implementation updates with Michigan Department of Education input.
  3. Public reportingDashboard updates by January each year from 2027 forward after Council consultation.
  4. AbolitionPreK-12 Literacy Commission dissolved effective upon filing.
State of Michigan — Executive Order 2026-12 →

Executive Directive 2026-3 — May 13, 2026

Skills-Based State Hiring: Whitmer Orders Competency-Aligned Recruitment Across Executive Departments

The directive requires executive departments to align job prerequisites with actual competencies, develop skills-based hiring training through LEO in consultation with the Michigan Civil Service Commission, and assist private employers in adopting similar practices — contingent on adequate appropriations for training modules.

Hiring managers

Must weigh full competency sets rather than degree proxies where skills suffice.

LEO

Develops employer-facing resources and a workforce strategy for retention.

Career mobility

Contingent funding for credential pathways for existing state employees.

State of Michigan — Executive Directive 2026-3 →

Executive Order 2026-11 — Emergency Management Act

Oakland County State of Emergency Declared After May Storm Damage

Whitmer declared a state of emergency for Oakland County on May 10, 2026 under 1976 PA 390, activating recovery programs until threats subside but no later than June 7, 2026, unless extended by statute.

May 10, 2026

EO 2026-11 filed; emergency declared for Oakland County storm impacts.

June 7, 2026

Automatic termination date unless extended under MCL 30.403(4).

State of Michigan — Executive Order 2026-11 →

Mackinac Policy Conference — Public Acts 181 & 207 of 2024

Data Center Tax Exemptions Debated as Hyperscale Projects Reach Michigan Townships

Conference panels featured industry leaders praising Michigan’s enterprise data-center sales and use tax exemptions — requiring up to $250 million capital investment, job creation, green-building certification, and 90% clean-energy procurement — while conservation advocates pressed for ratepayer protections, local revenue guarantees, and siting transparency.

Industry posture

Google policy leaders and chamber officials described PA 181 and PA 207 as groundwork to attract hyperscale investment without residential rate subsidies.

MLCV / advocates

Michigan League of Conservation Voters urged mandatory grid-capacity planning, community-benefit agreements, and local zoning moratoriums while rules catch up — citing Saline Township and Mason disputes.

Michigan Advance — Mackinac data center panel → Mika Meyers — data center tax exemption analysis →

Michigan Attorney General — Health Care Fraud Division, May 28, 2026

Northville Dentist Arraigned on Conducting a Criminal Enterprise in Medicaid Billing Scheme

Demetra C. Kazanis, DDS, arraigned before 54B District Judge Molly E. Hennessey Greenwalt, faces one count of conducting a criminal enterprise and 42 Medicaid fraud counts tied to alleged upcoding at New You Dental in Livonia — billing invasive fillings where preventive resin restorations were performed, per the department release.

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Michigan Attorney General — dentist Medicaid fraud charges →

Multistate Antitrust — U.S. District Court, N.D. California, May 2026

Google Play Store: Court Signals Approval of $700 Million Multistate Settlement

Nessel joined 53 attorneys general in a 2021 suit over Android app distribution. The court indicated it will approve a $700 million settlement requiring Google to permit alternate billing and external app stores for at least five to seven years, with automatic PayPal or Venmo payments to consumers who purchased on Google Play between August 2016 and September 2023.

Consumers

Automatic restitution for qualifying Play Store purchases without a claim form in most cases.

Developers

Alternate payment systems and off-store listing rights for five years.

Users

Sideloading permitted for seven years under settlement terms summarized by the AG.

Michigan Attorney General — Google settlement release →

Department of Treasury — Revenue Administrative Bulletin 2026-3

24% Wholesale Cannabis Excise Tax: Treasury Bulletin Clarifies MRTMA Stacking Rules

Effective January 1, 2026, the Cannabis Regulation and Taxation Fund Act imposes a 24% excise on wholesale adult-use transfers under MCL 205.905, atop the existing 10% retail excise and 6% sales tax. Federal Schedule III reclassification of certain FDA-approved cannabis products effective April 28, 2026 does not alter Michigan CRA enforcement, though the Board of Pharmacy has 91 days to consider state scheduling alignment.

MCL 205.905 — wholesale tax on growers/processors to retailers, administered by Treasury.
MRTMA § 10% — retail excise remains on adult-use sales.
MSMS guidance — physicians must still follow Michigan Medical Marihuana Act until Board of Pharmacy acts.
Michigan Treasury — RAB 2026-3 → MSMS — federal reclassification FAQs →

Clean Slate — Criminal procedure, April–May 2026

Automatic Expungements Hit 1.6 Million Records as Senate Bill 78 Awaits House Action

State data reported by Bridge Michigan shows 1,578,501 convictions automatically set aside since the program launched April 11, 2023. Advocates marked five years since enactment with a Clean Slate 2.0 agenda while Senate Bill 78 — passed the Senate 23–11 on May 20, 2025 — remains in the House Judiciary committee, proposing expanded juvenile pathways and a $150 application fee structure.

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Convictions automatically expunged per Michigan State Police figures summarized in May 2026 reporting — misdemeanors after seven years, eligible felonies after ten, with statutory caps per person.

SB 78

Amends MCL 780.621b et seq.; Senate passed May 20, 2025; House Judiciary referral.

Automatic

Daily MSP checks for newly eligible convictions under 2020 Clean Slate Act.

ICHAT

Practitioners verify client records via public criminal history after expungement.

Bridge Michigan — Clean Slate expungement data → Michigan Legislature — Senate Bill 78 of 2025 →

Coming Up

The Week Ahead in Michigan Law

Probable Cause Conference in People v. Kazanis Medicaid fraud matter, 54B District Court, East Lansing.

Termination date for EO 2026-11 Oakland County emergency unless extended under the Emergency Management Act.

EGLE virtual meeting on the Line 5 tunnel draft NPDES permit at 6:00 p.m. — follow-up to the reopened comment period from prior editions.

Administrative comment deadline for Line 5 tunnel wastewater discharge permit.

EO 2026-4 state energy emergency and summer RVP suspension under MCL 290.650d expire unless extended by the Legislature.

EPA virtual public hearing on proposed PFAS drinking-water rule amendments.

Federal Register comment period closes on EPA PFAS rescission and compliance-extension proposals.

Michigan Courts — Supreme Court oral argument schedules → Michigan Legislature — session calendar →
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