EPA v. EES COKE BATTERY - JUDICIAL ORDER

Case summary

The U.S. District Court for the Eastern District of Michigan ordered DTE Energy Company and three of its subsidiaries to comply with the Clean Air Act and pay a penalty of $100 million in a decision issued today concerning a coke battery in River Rouge, Michigan. The EES Coke facility (Facility) is located on Zug Island, between River Rouge and Detroit, in an area that fails to meet federal standards for sulfur dioxide in the air. The Facility uses coal and other raw materials to produce metallurgical coke, an input for making steel. The court found that the Facility increased its sulfur dioxide pollution as a result of changes the company sought to its state air permit in 2014. For example, the Facility emitted over 3,200 tons of sulfur dioxide pollution in 2018, compared to permitted baseline sulfur dioxide levels of under 2,100 tons per year. In an August 2025 order, the court found that the Facility violated the Clean Air Act. The court then held a two-week trial in September to determine which DTE Energy Company entities were liable and the appropriate relief for the violations. The court found that DTE Energy Company, DTE Energy Resources LLC, and DTE Energy Services Inc. were all liable as operators of the EES Coke facility. The court found each entity ?exhibit[ed] a high degree of control over the Facility, including over environmental decision-making and operations.? In addition, the court had previously found that EES Coke Battery LLC was liable as an owner and operator of the Facility. Turning to civil penalty, the court found that a penalty of $100 million was appropriate for the primary claim. The court found that the evidence showed that defendants saved about $70 million by failing to comply with the Clean Air Act as required, and were thus able to use that money in other ways. The court also found that the DTE Defendants each had a ?substantial? ability to pay for relief ordered by the court.

Defendants (1)

• EES COKE BATTERYNamed in complaintNamed in settlement

Facilities (1)

• EES COKE BATTERY, LLC

  1400 ZUG ISLAND ROAD, DETROIT, MI, 48209

  Registry ID: 110070374301

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 173 — New Source Review Permit Requirements
• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• EES COKE BATTERY - JUDICIAL ORDERentered 2026-02-24

  Primary law: CAA

  Federal penalty: $100,000,000

Timeline (7 milestones)

• 2019-11-13Referred To Dept Of Justice
• 2019-11-22Enforcement Action Data Entered
• 2020-05-15Supplemental Referral-Adding parties, counts
• 2020-09-17Supplemental Referral-Adding parties, counts
• 2022-06-01Complaint Filed With Court
• 2026-02-24Final Order Lodged
• 2026-02-24Final Order Entered