Edenville/Sanford Dam Failures: Michigan Department of Attorney General Files Judicial Action
June 19, 2020
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Michigan Department of Attorney General (“AG”) on June 9th filed a Verified Complaint (“Complaint”) in the State of Michigan Circuit Court for the 30th Judicial Circuit in relation to the failure of the Edenville and Sanford dams in May. See No. 20-317-CE.
The AG filed the lawsuit against Boyce Hydro Power LLC and other parties (collectively “Boyce Hydro”) on behalf of the:
- Michigan Department of Environment, Great Lakes, and Energy
- Michigan Department of Natural Resources
The Complaint seeks:
- Compensation
- Civil penalties
- Cleanup and restoration damages
The dams are described as hydroelectric in nature for which repairs were needed. The Complaint describes the resulting breaches as:
. . . one of the worst flooding disasters in Michigan history.
The Counts in the Complaint include:
- Count I: Part 17 (Environmental Protection Act)
- Count II: Part 31 (Water Resources Protection)
- Count III: Part 301 (Inland Lakes and Streams)
- Count IV: art 303 (Wetlands Protection)
- Count V: Part 315 (Dam Safety)
- Count VI: Conversion
- Count VII: Public Nuisance
- Count VIII: Unjust Enrichment
A copy of the Complaint can be downloaded here.
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