DTE Energy Hit With $100M Order for Pollution Violations at Metro Detroit Site

A federal judge has ordered DTE Energy Co. and its subsidiaries to pay a $100 million civil penalty for violations of the Clean Air Act at the EES Coke facility on Zug Island, located between River Rouge and Detroit.

 

This ruling has been hailed as a "monumental victory" by environmental justice advocates in southwest Detroit and surrounding communities.

 

"Our families and neighbors can never get back the years lost to breathing dirty air," said Theresa Landrum, a southwest Detroit activist and Sierra Club member residing about three miles from EES Coke.

 

"This ruling gives me faith that big corporations can be held accountable for breaking the law and it gives me hope for the future."

 

The EES Coke Battery is a coal-powered plant that produces coke, a material essential for steel manufacturing.

 

The facility emits sulfur dioxide, a pollutant known to harm respiratory systems and exacerbate conditions like asthma.

 

Notably, asthma rates in Detroit surpass those in other parts of Michigan.

 

Exposure to sulfur dioxide has also been linked to increased risks of cancer, Alzheimer's disease, and premature death.

 

EES Coke is owned by DTE Vantage, a subsidiary of DTE Energy.

 

In response to the ruling, a DTE spokesperson expressed the company's disappointment, stating, "We are extremely disappointed in the court's ruling and its negative implications on the domestic supply of coke to the U.S. steel industry."

 

The spokesperson also indicated plans to appeal the decision to the 6th Circuit Court.

 

U.S. District Court Judge Gershwin Drain found DTE liable for the Clean Air Act violations at EES Coke and mandated the company to bring the facility into compliance with federal air quality laws.

 

Additionally, the court ordered the formation of a Community Quality Action Committee, funded with $20 million, to oversee local air quality improvement projects.

 

This seven-member committee will include residents and representatives from environmental advocacy organizations.

 

Their initiatives may encompass distributing air purifiers to homes near the coke plant, installing air filters in schools, and weatherizing homes in areas like Ecorse, River Rouge, and Detroit's 48217 ZIP code.

 

"Through our efforts, we won millions of dollars to help fund things like air purifiers in homes and schools that will help kids breathe easier," said Dolores Leonard, a Sierra Club member residing in the 48217 ZIP code.

 

"These wins will undoubtedly save lives."

 

Leonard testified during the trial between the U.S. Environmental Protection Agency and EES Coke in September, sharing her experiences of avoiding the facility due to its odor and the chest discomfort it caused her.

 

She also noted a reduction in her gardening activities because of respiratory issues.

 

The EPA initiated legal action against EES Coke in June 2022, alleging that the facility violated the Clean Air Act's New Source Review program by modifying operations and increasing sulfur dioxide emissions without proper permits.

 

The New Source Review program requires companies to obtain permits before constructing new sources of air pollution or making significant modifications to existing ones.

 

In 2013 and 2014, EES Coke sought permits from the Michigan Department of Environment, Great Lakes, and Energy to burn an unlimited amount of coke oven gas, claiming it would reduce blast furnace gas usage without significantly increasing emissions.

 

However, emissions did rise.

 

Financial analyst Dan Leistra-Jones, testifying as an EPA expert witness, estimated that DTE saved between $46.4 million and $99.1 million by not installing required pollution controls.

 

The court found that DTE Energy Services Inc., DTE Energy Resources LLC, and DTE Energy Co. exercised significant control over EES Coke, including environmental decision-making and emissions-related activities.

 

Consequently, Judge Drain ordered DTE and EES Coke to obtain the necessary New Source Review permits, with the Michigan Department of Environment, Great Lakes, and Energy determining allowable emissions levels.

 

This ruling underscores the importance of corporate accountability in environmental stewardship and marks a significant step toward improving air quality and public health in the affected communities.