Overview
- The court held DTE Energy Company, DTE Energy Resources LLC, DTE Energy Services Inc., and EES Coke Battery LLC liable as owners or operators of the facility.
- Judges found sulfur dioxide emissions increased after 2014 permit changes, with 2018 emissions exceeding 3,200 tons against a permitted baseline under 2,100 tons.
- The decision links the facility’s pollution to asthma attacks, cardiovascular events, increased cancer and Alzheimer’s risks, and premature deaths in nearby communities.
- Defendants must apply to Michigan’s EGLE for New Source Review permits within 250 days, proposing controls consistent with LAER and BACT.
- The ruling establishes a $20 million community air‑quality fund and requires a joint proposed judgment by Feb. 20, 2026, as DTE prepares a Sixth Circuit appeal after an EPA investigation and DOJ enforcement.