Overview:

  • DTE Energy appealed a $100 million federal judgment for Clean Air Act violations at its Zug Island coke facility
  • The court ruled DTE made major facility upgrades without proper permits, increasing sulfur dioxide and particulate pollution
  • DTE must pay the fine within 90 days and fund $20 million in community air quality improvement programs over seven years

This story was produced with support of Internews’ Earth Journalism Network.

DTE Energy appealed a $100-million federal court judgment over sulfur dioxide pollution from its Zug Island facility on Wednesday. 

U.S. District Judge Gershwin Drain found DTE responsible for Clean Air Act violations by EES Coke Battery, the utility’s Zug Island subsidiary, in a case filed by the Environmental Protection Agency. 

DTE is asking the Sixth Circuit Court of Appeals to review Drain’s Feb. 24 final judgment and other orders and rulings in the lawsuit. 

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Why it matters

DTE's appeal could delay $20 million in funding for air quality improvements and continued pollution controls that directly affect residents' health in communities near Zug Island.

Who's making public decisions

The Sixth Circuit Court of Appeals will decide whether to overturn the federal district court's ruling requiring DTE to pay $100 million in fines and implement pollution controls.

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What to watch for next

Monitor the Sixth Circuit Court of Appeals' decision on DTE's appeal of the $100 million judgment and pollution compliance requirements.

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Following a two-week bench trial, Drain ruled on Feb. 24 that DTE and three of its subsidiaries must pay $100 million in fines to the federal government within 90 days, and come into compliance with the Clean Air Act by submitting New Source Review Permit applications within 250 days. Additionally, the judgment said DTE must form a community committee within 120 days and provide $20 million in funding for air quality improvement programs over seven years.

Before the trial, DTE had asked Judge Drain to dismiss key parts of the case outright, arguing that nothing needed to be decided at trial.

Drain rejected that request in August, sending three disputed questions to trial: whether EES Coke Battery made a major upgrade to its operations — which would trigger stricter federal air quality permits — or merely a minor one, as DTE claimed its 2014 permit allowed; whether EES Coke failed to file required reports under the federal New Source Review program, which requires companies to disclose when facility changes could significantly increase pollution; and whether DTE’s parent company and its other subsidiaries could be held liable for EES Coke Battery’s violations, or just EES Coke itself.

Drain ultimately found against DTE on all three questions.

Nick Leonard, executive director of the Great Lakes Environmental Law Center and attorney representing the Sierra Club in the case, said DTE’s appeal is “disappointing.” 

“DTE and EES Coke made changes at the coke oven battery on Zug Island that significantly increased sulfur dioxide and fine particulate matter pollution without installing the pollution controls required by the Clean Air Act,” Leonard said.

“As a result, residents have been forced to live with DTE and EES Coke’s unlawful pollution for several years. We firmly believe the Court’s decision was correct and will defend it throughout DTE and EES Coke’s appeal.”

The EPA declined to comment.

More Zug Island Reporting

Isabelle Tavares covers environmental and public health impacts in Southwest Detroit for Planet Detroit with Report for America. Working in text, film and audio, she is a Dominican-American storyteller who is concerned with identity, generational time, and ecology.