SW Detroiters Celebrate $100M Penalty, Clean Air Wins in EES Coke Ruling

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. Residents who were involved in the lawsuit as members of the Sierra Club celebrated the wins.

“It’s a monumental victory,” said Theresa Landrum, an environmental justice advocate and Sierra Club member who lives in Detroit in the state’s most polluted zip code, 48217. “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.”

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 to companies to form a Community Quality Action Committee and provide it with $20 million to finance air quality improvement projects for community members.

“Our long fight in the courtroom paid off,” said Vicki Dobbins, a Sierra Club member who lives in nearby River Rouge in the 48218 zip code. “I’m proud of this community.”

The Community Quality Action Committee 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.

“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,” said Dr. Dolores Leonard, a Sierra Club member who also lives in Detroit in the 48217 zip code. “These wins will undoubtedly save lives.”

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.

“This is a rare good day for environmental justice in Detroit,” said GLELC Executive Director Nick Leonard.

Senior Attorney Mary Rock for Earthjustice said, “Finally, DTE and EES Coke will have to repair some of the damage they caused by investing in community health and clean air projects. We look forward to seeing them follow through.”

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.