Overview:
- The EPA's lawsuit against EES Coke Battery seeks penalties of up to $109,024 per day, per environmental violation.
- A settlement is "always a possibility," a Sierra Club attorney who's intervening in the case tells Planet Detroit.
- Check back with Planet Detroit for coverage of the bench trial.
A trial this week could determine the future of a Zug Island facility owned by DTE Energy that is one of Michigan’s biggest industrial polluters.
DTE Energy could face penalties for its EES Coke Battery subsidiary in the federal lawsuit, filed in 2022 by the Environmental Protection Agency over sulfur dioxide emissions from the facility.
The judge in the case previously ruled that EES Coke Battery is liable for Clean Air Act violations. The facility’s liability for the pollution — and potential remedies — will be decided in a bench trial starting Monday.
The EPA’s lawsuit against EES Coke Battery alleges the facility violated the Clean Air Act, emitting thousands of tons of the air pollutant sulfur dioxide from its River Rouge operation.
The government is seeking injunctive relief and penalties of up to $109,024 per day, per violation; and asserts that EES Coke Battery should cease operations until it is fully compliant with environmental regulations.
DTE’s liability, civil penalties for Zug Island facility at stake
On Aug. 25, U.S. District Judge Gershwin Drain ruled against a motion by DTE Energy and said it can be held liable for Clean Air Act claims against EES Coke Battery.
DTE is an operator of EES Coke Battery under the Clean Air Act, Drain said. The utility company was added to the lawsuit as a defendant late last year.
This year, Drain ruled EES Coke Battery surpassed its 2014 Clean Air Act permit limits. The company failed to report emissions to Michigan regulators in both 2018 and 2019, emitting at least 40 tons more sulfur dioxide than permitted, Drain said.
Nick Leonard, the executive director of the Great Lakes Environmental Law Center and an attorney who represents the Sierra Club in the lawsuit, said he’s looking for specifics on those remedies. The Sierra Club intervened in the EPA’s lawsuit.
Relief could include the penalties the defendants must pay; changes EES Coke or DTE should be required to make at the coke battery; and possible air pollution mitigation projects the defendants would fund, he said.
The Sierra Club will bring four witnesses to trial, Leonard said: activists Theresa Landrum, Dr. Dolores Leonard, and Vicki Dobbins; and Elayne Coleman, director of the Sierra Club Michigan Chapter.
A settlement is “always a possibility,” Leonard said, adding that he has not been contacted by EES Coke or DTE Energy. The court could issue a decision at any time, he said.
Michael Hindelang, an attorney representing DTE Energy and its subsidiaries, did not respond to Planet Detroit’s requests for comment on this story.
A public affairs specialist for the U.S. Department of Justice declined to comment.
MORE PLANET DETROIT REPORTING
DTE Energy must face Zug Island pollution litigation: Federal judge
A federal judge rules that DTE Energy is considered an operator of EES Coke Battery on Zug Island under the Clean Air Act.
DTE Energy lawyer: Utility not liable for Zug Island facility in Clean Air Act lawsuit
The EPA’s position of holding the parent company liable would “destroy” the point of corporations, and “pierce the corporate veil,” an attorney for DTE Energy and EES Coke Battery says in federal court.
Michigan regulators approve air pollution permit for Zug Island coke facility
Michigan regulators greenlight permit for a coke screener at DTE Energy-owned EES Coke Battery on Zug Island.
Zug Island’s impact
EES Coke ranks among Michigan’s worst industrial polluters, according to a report from Industrious Labs, an advocacy and research organization focused on reducing emissions from heavy industry and advancing clean technologies.
The health impacts disproportionately affect low-income residents and people of color living near steel facilities, according to the group’s analysis of federal environmental justice data.
The American Lung Association says long-term exposure to sulfur dioxide at high levels increases respiratory symptoms, and short exposures to peak levels can make it difficult for people with asthma to breathe when they are active outdoors.
Check back with Planet Detroit for coverage of the trial in the EPA’s lawsuit against EES Coke Battery.
🗳️ Civic next steps: How you can get involved
Why it matters
⚡ A bench trial in a federal lawsuit filed by the EPA could determine the future of a Zug Island facility owned by DTE Energy that is one of Michigan’s top industrial polluters.
Who’s making civic decisions
🏛️ U.S. District Judge Gershwin Drain.
Read more:
• 📄 Drain’s August recent opinion and order that states DTE Energy is an operator of EES Coke Battery under the Clean Air Act.
• 🏭 EPA overview of New Source Review permits.
• 🗞️ Planet Detroit’s coverage of air pollution on Zug Island.
Track air quality:
• 😷 Check local air quality.
• 🚨 Sign up for the Michigan Department of Environment, Great Lakes, and Energy’s air quality alerts.
Attend:
• 🧑⚖️ Bench trial date: 8:30 a.m. to 1:30 p.m., beginning Monday, Sept. 15 at 231 W. Lafayette Blvd., Detroit, MI 48226, in courtroom 761.
What to watch for next
• ⚖️ A federal court ruling on the EPA’s lawsuit against EES Coke Battery.