DETROIT – There are new developments in the legal fallout from the Edenville Dam failure in May 2020.
According to authorities, a judge ruled Monday, Nov. 27, that the owner of Boyce Hydro is liable for $119,825,000 in damages and is responsible for the failures that led to evacuations and a state of emergency declaration.
Lee Mueller was found liable in a lawsuit brought by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) and the Department of Natural Resources (DNR). The two agencies said fisheries and freshwater animal populations were devastated after the dam failure almost emptied Wixom Lake.
It was one of two dams that failed within days, forcing roughly 10,000 people to evacuate. Gov. Gretchen Whitmer declared a State of Emergency for Midland County at the time.
Related: Aerial video shows complete devastation caused by dam failures in mid-Michigan
The state argued Boyce Hydro had predicted in 2010 that the east embankment of the Edenville Dam could fail if Wixom Lake’s water levels got too high. That embankment was the same one that failed in May 2020 following heavy rainfall in the region. When the dam failed, Wixom Lake’s water level was nearly six feet above its normal level.
Boyce Hydro reportedly failed to disclose information regarding the issue to the federal government -- which regulated the dam in 2010 -- and the state.
“The dam’s ownership completely disregarded imminent threats to the safety and integrity of the dam, and as the State clearly demonstrated before the Court, Lee Meuller and his business were responsible for the disaster that struck Edenville and other area communities,” said Michigan Attorney General Dana Nessel. “This nearly $120 million judgement is important, both as a measure of accountability to the community Mueller devastated and as a deterrent to other owners of critical infrastructure.”
The judgement concludes Michigan’s civil enforcement against Mueller and his companies that owned and operated the Edenville Dam.
“In 2020, after historic flooding and dam failures, we made a promise to the community to do whatever it takes to make them whole again and hold bad actors accountable for the devastating damage. It was incredible to see neighbors helping each other with food and shelter, contractors working quickly to repair roads and bridges, and the legislature coming together to secure $200 million to rebuild the dams,” Whitmer said. “I want to thank Attorney General Nessel for leading this years-long effort to bring justice on behalf of the thousands of Michiganders who’ve suffered in the aftermath of the dam failure. In tough times, we come together as Michiganders to support each other.”
According to court documents, the Edenville Dam failure caused more than $21 million in damages to Michigan fisheries and at least $90 million in damages to ecosystems. The remaining $8,825,000 in damages stem from violations of Michigan’s Natural Resources and Environmental Protection Act.
