A federal judge has ordered DTE Energy Co. and its subsidiaries to pay a $100 million civil penalty for Clean Air Act violations tied to the Zug Island facility known as EES Coke. The ruling, handed down on Tuesday, also requires the companies to bring EES Coke into full compliance with federal air-quality laws and to establish a Community Quality Action Committee funded with $20 million for local air-pollution reduction projects.
Southwest Detroit residents and nearby communities around Zug Island welcomed the decision, calling it a historic victory. Theresa Landrum, a Sierra Club member who lives about three miles from EES Coke, said that people’s lost years of breathing dirty air cannot be recovered, but the ruling demonstrates that large corporations can be held accountable for breaking the law and offers hope for the future.
EES Coke Battery is a coal-fired plant that produces coke, a material used in steel production. The plant generates coke oven gas, which can be used as fuel but also emits sulfur dioxide when burned. Sulfur dioxide can irritate airways and complicate breathing, particularly for individuals with asthma—a condition that is more prevalent in Detroit than in many other parts of Michigan. Long-term exposure to this pollutant is also linked to higher risks of cancer, Alzheimer’s disease, and premature death.
EES Coke is owned by DTE Vantage, a subsidiary of DTE Energy.
A DTE spokesperson expressed strong disappointment with the court’s decision, arguing that the facility has operated within the terms of its original permit and that the ruling could negatively affect the U.S. steel industry’s coke supply. The spokesperson noted that an appeal to the Sixth Circuit Court is forthcoming.
U.S. District Court Judge Gershwin Drain found DTE liable for Clean Air Act violations at EES Coke and ordered the $100 million penalty. He also mandated that the companies secure New Source Review permits and appoint a Community Quality Action Committee, backed by $20 million for initiatives to improve local air quality.
The seven-member committee will include residents and representatives from environmental groups. Its mission is to identify and implement measures to enhance health and air quality in Ecorse, River Rouge, and the Detroit ZIP code 48217. Potential projects include distributing air purifiers to homes near the coke plant, installing air filtration systems in schools, and weatherizing homes.
Dolores Leonard, a Sierra Club member living in the 48217 area, remarked that the group’s efforts have already enabled funding for air-purification programs in homes and schools, which she believes will save lives.
Leonard testified during the trial as part of the EPA’s case against EES Coke in September. She described the facility’s odor and its impact on her chest when nearby, noting that she now spends less time gardening due to chest pains and breathing difficulties.
The Environmental Protection Agency filed suit against EES Coke in June 2022, accusing the plant of violating the Clean Air Act’s New Source Review program by modifying the facility and increasing sulfur dioxide emissions, thereby jeopardizing nearby residents’ health.
The New Source Review rule prevents new sources of air pollution from being constructed without proper permitting. Michigan law similarly requires a permit before substantial modifications to an existing pollution source. Judge Drain stated that such a permit would set the facility’s allowable emissions at the lowest achievable emission rate.
During 2013 and 2014, EES Coke operators sought permits from the Michigan Department of Environment, Great Lakes, and Energy to burn unlimited quantities of coke oven gas, arguing this would reduce reliance on blast furnace gas. The EPA argued that this change would lead to higher emissions, even though the company claimed there would be no significant increase.
EPA expert witness Dan Leistra-Jones testified that DTE likely saved between $46.4 million and $99.1 million by foregoing pollution-control investments.
The EPA also named DTE Energy Services Inc.; DTE Energy Resources LLC; and DTE Energy Co. as defendants, contending they act as operators of EES Coke. The plant itself has no workers of its own, while DTE exercises substantial control over environmental decisions and emissions-related activities, the court noted.
Judge Drain ordered DTE and EES Coke to obtain the necessary New Source Review permits, with the Michigan EGLE determining the permissible emission levels.
For reference, the case highlights ongoing tensions between industrial activity and community health in urban areas, raising questions about accountability, permitting rigor, and the balance between economic interests and public welfare. If you’d like, I can add some context about how New Source Review works in practice or compare this case to similar environmental enforcement actions.
