A federal judge has mandated that DTE Energy Company and three of its subsidiaries adhere to the Clean Air Act, imposing a civil penalty of $100 million for illegal air pollution at a coke production facility located in River Rouge, Michigan.
This ruling, delivered by the U.S. District Court for the Eastern District of Michigan, focuses on sulfur dioxide emissions from the EES Coke facility situated on Zug Island, an industrial zone between River Rouge and Detroit that fails to meet federal air quality standards for this pollutant.
The plant is responsible for producing metallurgical coke, which is essential for steel manufacturing. The court noted that the facility had increased its sulfur dioxide emissions after requesting modifications to its state air permit in 2014. In 2018, the plant released over 3,200 tons of sulfur dioxide, significantly exceeding the permitted baseline of under 2,100 tons annually.
In a prior ruling issued in August 2025, the court determined that the facility had breached the Clean Air Act. A two-week trial in September established which corporate entities were accountable and what penalties and corrective actions were necessary.
The court found DTE Energy Company, DTE Energy Resources LLC, and DTE Energy Services Inc. liable as operators of the facility, concluding that each had a significant level of control over environmental decision-making and operations. EES Coke Battery LLC had already been deemed liable as both an owner and operator.
In determining penalties, the court decided that a civil fine of $100 million was fitting. The judge determined that the companies had saved around $70 million by not adhering to the Clean Air Act requirements and had a significant capacity to pay the mandated relief.
Additionally, the ruling mandates that the companies must apply for New Source Review permits from the Michigan Department of the Environment, Great Lakes, and Energy within 250 days. These applications are required to suggest rigorous pollution controls that align with the lowest achievable emissions rate and the best available control technology. The court highlighted that the desulfurization technology mentioned during the trial is both mature and well-established in the coking sector.
The ruling indicates that emissions from the facility have led to severe health issues, such as asthma attacks, heart attacks, strokes, high blood pressure, and increased risks of cancer, Alzheimer’s disease, and premature death.
