MIDLAND COUNTY DAM FAILURE LAWSUITS

A History of Regulatory Issues at Michigan’s Dams

At least 75% of the dams in Michigan are currently owned by private companies – and over the years, these companies have faced significant criticism for failing to properly maintain the dams. In 2018, the American Society of Civil Engineers gave Michigan’s 2,600 dams a below-average rating, categorizing 5% as “high hazard dams” that posed a serious health and safety risk to the public.

At Edenville Dam – which collapsed on May 19^th after unusually heavy rainfall – Michigan energy regulators had repeatedly warned Boyce Hydro Power LLC to comply with safety regulations, even going so far as to revoke the dam’s license to generate power in 2018. Although Boyce Hydro has accused the Michigan’s department of Environment, Great Lakes and Energy (EGLE) of pressuring the company to artificially maintain water levels at Wixom Lake, EGLE contests this argument.

The state agency has also voiced “strong concerns” about the dam in the past. In particular, EGLE inspections have revealed that Edenville Dam did not meet the federal requirements for spillway capacity in the event of a “probable maximum flood” or PMF. As a result, when the dam was overcome by flooding, the water rushed on to Sanford Dam in a devastating domino effect.