The federal government is pursuing a $140 million fine against a Michigan energy company for alleged violations of the Clean Air Act that contributed to significant air pollution from coke production. The case involves EES Coke Battery LLC and affiliated DTE Energy entities.
According to court filings, the federal government claims the defendants failed to obtain required permits and install necessary pollution controls after making operational changes at their Detroit facility on Zug Island. The government asserts that these actions led to increased emissions of sulfur dioxide and particulate matter, causing serious health impacts in the surrounding community.
The defendants maintain that they operated in compliance with state-issued permits and argue that DTE Energy entities do not control day-to-day operations of the facility. The upcoming bench trial, scheduled for September 15 in the U.S. District Court for the Eastern District of Michigan, will determine liability and potential penalties.
“The defendants made a series of choices that have seriously harmed public health for more than six years,” the government said in its trial brief. Experts are expected to testify that pollution controls could have significantly reduced emissions and related health impacts, including asthma attacks and premature deaths.
In addition to seeking the $140 million fine, the government is requesting the court require the companies to install updated pollution control measures and secure the necessary environmental permits. Intervening plaintiff Sierra Club has also urged the court to mandate measures that mitigate harm to the local community, including funding for air purifiers and green space projects.
The federal government is represented by attorneys from the U.S. Department of Justice, the U.S. Environmental Protection Agency, and the U.S. Attorney’s Office for the Eastern District of Michigan. The defendants are represented by Honigman LLP, while Sierra Club is represented by Earthjustice and the Great Lakes Environmental Law Center.
