A Michigan agricultural processor received an NOV/FOV from U.S. EPA alleging twenty year old violations of PSD standards at one facility, and ten year old violations of New Source Review standards at another. At the initial meeting evidence was presented disputing the claims, both on factual grounds and on legal grounds.

Varnum developed a strategy in which the State of Michigan issued a new air permit which confirmed there had been no violation at the second facility. After five meetings with EPA and political pressure, eventually U.S. EPA tentatively agreed to drop claims against the first facility. There are ongoing negotiations on whether injunctive relief must be implemented and penalties paid as to the second facility.