Arizona Tribune - State of Michigan Must Face Homeowner Claims for Edenville Dam Failure, Flooding, and Massive Property Damage

Judge James R. Redford noted that the plaintiffs presented sufficient evidence to support their claim that the Michigan Department of Environment, Great Lakes and Energy was aware of the risk of the Edenville Dam failing yet continued to maintain the reservoir behind the dam at lake levels. This evidence includes the Federal Energy Regulatory Commission's (FERC) repeated citations of the dam owner, now-bankrupt Boyce Hydro Power, LLC, for violations of federal regulations, which led FERC to revoke the company's license to produce electricity. Subsequently, Michigan state agencies assumed regulatory responsibility for the Edenville Dam.

"We are very pleased with the court's ruling. The evidence is clear. The state of Michigan knew about the Edenville Dam's safety issues for years before its failure in 2020. Thousands of residents were evacuated throughout Midland and Saginaw Counties due to an avoidable and tragic circumstance. Hundreds of homes were destroyed by the massive flooding that resulted," said Leslie M. Kroeger, co-chair of Cohen Milstein's Complex Tort practice and counsel to the homeowners in the case. "We look forward to pursuing justice on behalf of the residents and homeowners whose homes, businesses, and properties were destroyed."

Homeowners allege that for decades, the Edenville Dam failed to meet federal and state safety standards, as demonstrated by FERC's multiple citations, posing a significant risk of catastrophic harm. The violations of federal regulations were so egregious that FERC eventually ordered the dam operators to cease power generation and revoked Boyce Hydro Power's license to operate the dam.

In 2018, Michigan State agencies assumed regulatory responsibility for the Edenville Dam. Plaintiffs allege that the agencies were aware the dam lacked the necessary capacity to handle a significant flood but failed to take any action to address spillway capacity or to mitigate the risk of dam failure. To the contrary, the state authorized raising the water level of Wixom Lake, the reservoir held back by the Edenville Dam.

Nearly five years ago, on May 19, 2020, following heavy rainfall and flash flooding on the Tittabawassee and Tobacco Rivers, the Edenville Dam failed. This failure caused the downstream Sanford Dam to become overwhelmed and fail as well, resulting in historic flooding throughout Midland, Saginaw, Arenac, Gladwin, and Losco Counties.

Nearly 10,000 residents in Midland County and surrounding areas were evacuated, and lost homes, businesses and other property. The flooding caused millions of dollars in property damage. The dam failure also drained Wixom and Sanford Lakes, significantly reducing the value of surrounding properties and businesses.

Plaintiffs seek damages for property damage and destruction; loss of the use and enjoyment of property; diminished value of real and personal property, residences, and businesses; and loss of future business earnings.

This case is named: Borchard v. Michigan Department of Environment, et. al., Case No. 20-000121-MM, Mich. Crt. Of Claims.

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SOURCE: Cohen Milstein Sellers & Toll PLLC

View the original press release on ACCESS Newswire

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