Judge keeps Nov. 1 Clean Air Act deadline in place for Michigan plant

One of Michigan's largest sources of sulfur dioxide pollution is reportedly trying to circumvent clean air compliance, but one judge has the conviction to hold them accountable.

DTE Energy will have to keep moving toward federal clean-air compliance at its coke plant on Zug Island after a judge declined to put the requirements on hold, preserving a key pollution deadline at a facility long criticized by nearby residents.

The company's EES Coke Battery in River Rouge still must comply by Nov. 1, even as DTE continues its appeal.

What happened?

As reported by Planet Detroit, U.S. District Judge Gershwin Drain rejected DTE Energy's request to suspend the federal requirements imposed after the company lost a sulfur dioxide pollution case. That leaves standing the February ruling that gave the Zug Island plant 250 days to meet Clean Air Act obligations and establish a community quality action committee.

Drain said keeping "the status quo" in place would cause "irreparable harm," adding: "The facility's excess emissions have caused, and continue to cause, significant harm to surrounding communities and the public at large. For example, as one of Michigan's largest sources of (sulfur dioxide) emissions, the facility's excess emissions pose substantial health risks."

He did allow limited short-term relief on the money at issue, granting a 30-day stay on $120 million in financial judgments so DTE can revise its proposed $123.5 million appeal bond. DTE Energy spokesperson Jill Wilmot said the utility has appealed to the Sixth Circuit Court and could not comment further because the litigation is pending.

Why does it matter?

Sulfur dioxide affects people living nearby in Southwest Detroit and River Rouge, especially communities that rely on the river.

According to the National Library of Medicine, exposure to sulfur dioxide "can lead to airway irritation, laryngospasm, bronchoconstriction, pulmonary edema, and death in severe cases. Chronic exposure, even at low concentrations, can contribute to the development of pulmonary and extrapulmonary diseases."

Drain previously determined that DTE had broad control over the coke plant, which makes a coal-based material used in steelmaking, even as compliance was delayed. The court also concluded that DTE avoided roughly $70 million in costs by not meeting Clean Air Act requirements.

DTE attorney Michael Hindelang said the company was facing an "impossible choice" between seeking permits that it argues may be unnecessary and shutting down the plant, but the judge did not accept that argument.

Environmental Protection Agency attorney Thomas Benson responded that permit applications expected to cost $150,000 to $200,000 were "modest" for companies with significant cash flow, noting that DTE says it earns more than $1 billion annually.

What's being done?

DTE must continue taking steps toward compliance while the appeal plays out. Drain refused to pause EPA permit applications, so work required under federal air-pollution rules cannot be stopped for now.

The judge also indicated that a temporary stay on the financial judgments could still be available if DTE fixes its appeal bond. He said the bond must either name all defendants as co-principals or make clear that DTE remains liable for all of them.

The larger judgment also includes $20 million for community air quality improvements, alongside the $100 million civil penalty owed to the federal government and the mandate to create a community quality action committee.

Elayne Coleman, director of the Sierra Club Michigan Chapter, said: "Today's decision affirms what we already knew: That the residents of Southwest Detroit and River Rouge are owed immediate relief after enduring years of illegally polluted air and the health threats that come with it."

Get TCD's free newsletters for easy tips, smart advice, and a chance to earn $5,000 toward home upgrades. To see more stories like this one, change your Google preferences here.