Edenville Dam Disaster Case Against State of Michigan Moves Forward with Opening Statements

The courtroom battle over one of Michigan’s less cheerful infrastructure tragedies is underway. Opening statements have begun in a prominent lawsuit to hold the State of Michigan liable for the 2020 catastrophic failure of the Edenville Dam, resulting in widespread flooding, displacement of thousands of residents, and significant environmental damage.

Background of the Disaster

The lawsuit comes on the heels of the May 19, 2020, collapse of the Edenville Dam in Midland and Gladwin counties following weeks of relentless rains. The collapse of the dam created a string of destruction downstream. Wixom Lake, which had been impounded by the dam, crested at dangerous levels – about 5.5 feet above normal pool level. The pressure was too much for the east embankment to handle soon enough. Water overflow flowed south, inundating across the Sanford Dam to cover local neighborhoods.

Neighborhoods were submerged under flood waters, displacing over 10,000 citizens. Besides household losses, the crash subjected the state of nature to disaster. In previous submissions, the cost in environmental harm was put at an estimated $21 million impact on the regional fisheries and staggering $91 million on freshwater mussels whose decline is a measure of general health for aqua living habitats throughout the State of Michigan.

The lawsuit was filed shortly after the disaster by a group of victims who suffered extensive property losses and personal hardship. The plaintiffs are being represented by attorney Kevin Carlson of law firm Pitt, McGehee, Palmer, Bonanni & Rivers and claim that the State of Michigan is liable for the disaster.

The Court of Claims rejected the state’s latest motion for summary disposition, which would have ended the case short of a full trial. The key decision, handed down by Judge James Redford, will allow the plaintiffs to have their day in court. We are glad that the court rejected the state’s motion,” Carlson said in a statement. “This means that the victims of the collapse of the Edenville Dam will finally see their day in court.

The suit specifically seeks to sue two state departments, namely the Department of Environment, Great Lakes, and Energy (EGLE), and the Michigan Department of Natural Resources (DNR). Both departments are allegedly responsible for violating their duty of ensuring public safety in view of increasing instability of the dam.

The state was aware of the dangerous condition of the Edenville Dam for five years prior to its explosion, Carlson adds. Instead of trying to eliminate risk, the complaint contends, the state raised the risk by permitting more water behind the dam.

Private Ownership and Liability

Despite the fact that the state is under legal condemnation presently, one ought to state that the Edenville Dam was held privately by Boyce Hydro during the time it was involved in tragedy. It was in October of 2023 that the federal judge favored Michigan Attorney General Dana Nessel, who brought suit against the company and found Boyce Hydro liable for plant collapse. Her agency claimed Boyce Hydro company officials knew about serious structural problems a decade prior to the disaster but did nothing to correct them or notify officials. Boyce was responsible for almost $120 million worth of environmental damage, according to the court. Soon after that, Boyce Hydro and affiliated companies filed for Chapter 11 bankruptcy in federal court, blocking easy recovery for victims.

State Watchdog Under Fire

The issue then really becomes how much blame is to be placed on the state. Even though the dam was privately owned, plaintiffs argue Michigan’s environmental and natural resource agencies possessed regulatory authority and acted unjudicial.

There is evidence that the state inspection months before the tragedy indicated that the dam was substandard when it came to flood safety measures. The final report had not yet been done at the time of the rupture, so there is a possibility that the authorities were already alerted but were moving too slowly. Carlson contended state inaction was at the center of the case. “These plaintiffs have suffered unimaginable loss,” he told the judge. “The State of Michigan knew for five years the hazardous condition of the dam and did nothing in the public interest.”

Opening arguments have set the stage for what is shaping up to be a long and complex trial. The suit seeks damages on behalf of residents whose homes, businesses, and neighborhoods were destroyed in minutes by the flooding. The plaintiffs will try to establish that although the private company operating the dam was the main culprit, the state’s negligence was also to blame. No public announcements have been made by the EGLE or Michigan Department of Natural Resources regarding the case to date. Additionally, no date for the following hearing has been scheduled, to date, according to the online docket of the Court of Claims.

A Battle for Accountability

For the individuals whose families were affected by the failure of the Edenville Dam, the courtroom is an arena where justice and belated reaction are being pursued. Aside from compensation, numerous residents want assurances that something like this will never again happen in Michigan.

This trial not just recreates May 2020’s fear but also highlights the broader issue of outdated infrastructure and accountability from the government. Climate change driving more frequent extreme weather, the stakes are high – not just for the plaintiffs, but for families across the state.

As the trial unfolds, Michiganders will be waiting with bated breath to find out if their government will be held responsible for a catastrophe that turned so many lives upside down.