Sierra Club & SW Detroiters Celebrate $100M Penalty, Clean Air Wins in EES Coke Ruling
Support CleanTechnica's work through a Substack subscription or on Stripe.
Or support our Kickstarter campaign!
DTE and EES Coke were ordered to invest $20 million in community projects.
Detroit, MI — A federal court today ruled against DTE and EES Coke for violating the Clean Air Act by allowing a Zug Island facility to emit thousands of tons of sulfur dioxide that led to asthma and early death among residents. The judge ordered DTE and EES Coke to pay a $100 million civil penalty to the U.S. Treasury, a further $20 million to fund community health projects, and to re-apply for the facility’s permit to operate.
The ruling comes after more than three years of litigation brought by the Department of Justice against EES Coke and its multibillion-dollar parent company, DTE Energy. The Sierra Club, represented by Earthjustice and the Great Lakes Environmental Law Center (GLELC), intervened in the lawsuit, working with local members who live in Southwest Detroit, River Rouge, and surrounding communities. In its decision, the Court ordered the companies to form a Community Quality Action Committee and provide it with $20 million to finance air quality improvement projects for community members.
For more than a decade, EES Coke and DTE ignored legal requirements to install pollution controls at the battery of 85 coke ovens on Zug Island. The facility vented thousands of tons of sulfur dioxide each year that contributed to Alzheimer’s disease, asthma, heart attacks, cognitive decline, and other health impacts in the community. According to testimony from a top epidemiologist, the excess emissions from EES Coke were responsible for approximately 98 early deaths between 2019 and 2022. More deaths were caused by later emissions.
In response, Elayne Coleman, Sierra Club Michigan Chapter Director released the following statement:
“Today’s decision is a much-needed win for residents of Southwest Detroit and River Rouge, who have fought for decades for the right to breathe clean air. We commend our members for their hard work over the past three years to hold DTE and EES Coke accountable in this lawsuit. This victory should be a reminder to us all that people power can defeat corporate greed.”
Residents who were involved in the lawsuit as members of the Sierra Club celebrated the wins:
Theresa Landrum, an environmental justice advocate and Sierra Club member who lives in Detroit in the state’s most polluted zip code, 48217, said: “It’s a monumental victory. Our families and neighbors can never get back the years lost to breathing dirty air. This ruling gives me faith that big corporations can be held accountable for breaking the law, and it gives me hope for the future.”
Vicki Dobbins, a Sierra Club member who lives in nearby River Rouge in the 48218 zip code, said: “Our long fight in the courtroom paid off. I’m proud of this community.”
Dr. Dolores Leonard, a Sierra Club member who also lives in Detroit in the 48217 zip code, said: “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. These wins will undoubtedly save lives.”
GLELC Executive Director Nick Leonard, said: “This is a rare good day for environmental justice in Detroit.”
Senior Attorney Mary Rock for Earthjustice said, “We look forward to DTE and EES Coke promptly following through on the necessary community investments in public health and improved air quality.”
Additional background on the case:
The ruling declined to have the companies install desulfurization technology at the EES Coke facility that would have reduced EES Coke’s sulfur dioxide emissions by 95 percent. Instead, the companies must re-apply for the facility’s permit through Michigan’s Department of Environment, Great Lakes, and Energy, and any new permit should require updated pollution controls.
The Community Quality Action Committee, which the court directed to be created, will be comprised of seven members, including residents and representatives of environmental advocacy organizations, who are charged with maximizing public health and air quality improvements in Ecorse, River Rouge, and 48217. Examples of possible projects include funding and distributing stand-alone HEPA air purifier devices to households near EES Coke, installing filtration systems in schools, and home weatherization programs.
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person’s right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.
Support CleanTechnica via Kickstarter
Sign up for CleanTechnica's Weekly Substack for Zach and Scott's in-depth analyses and high level summaries, sign up for our daily newsletter, and follow us on Google News!
Have a tip for CleanTechnica? Want to advertise? Want to suggest a guest for our CleanTech Talk podcast? Contact us here.
Sign up for our daily newsletter for 15 new cleantech stories a day. Or sign up for our weekly one on top stories of the week if daily is too frequent.
CleanTechnica uses affiliate links. See our policy here.
CleanTechnica's Comment Policy
