Federal court finds former owners of Edenville Dam responsible for 2020 failure
(CBS DETROIT) - Three years after the east embankment of the Edenville Damn collapsed, a federal court ruled the dam's former owners were responsible.
On Friday, the U.S. District Court for the Western District of Michigan granted a motion of summary judgment filed by the state on behalf of the Michigan Department of Environment, Great Lakes, and Energy (EGLE) as part of the state's ongoing enforcement action against the former owners.
"Plaintiffs brought sufficient evidence to show that Defendants knew of its dam's vulnerability and that Defendants did not make EGLE aware of that vulnerability. Defendants do not dispute either assertion," Judge Paul Maloney wrote.
The dam failed on May 19, 2020, releasing a torrent that overtopped the downstream Sanford Dam and flooded the city of Midland. The torrent impacted thousands of people who had to temporarily evacuate, resulted in millions of dollars in damage, and destroyed more than 100 homes.
Michigan officials say an investigation revealed that Boyce Hydro neglected to fix a defect in 2010 after learning that the embankment could fail if Wixom Lake rose too high. The state claims Boyce Hydro failed to disclose the defect to them, although the law requires them to do so.
Officials say Lee Mueller, the person who managed Boyce Hydro, resigned as dam safety engineer and chief operator. Mueller allegedly neglected dam safety priorities.
Following the court's ruling, the state says it is now seeking a monetary judgment against Mueller.