EDENVILLE, Mich. – Attorneys say newly unsealed court documents reveal Michigan state officials received repeated warnings about the Edenville Dam’s critical safety deficiencies for three years before its catastrophic failure in May 2020.
Related: Nearly 800 residents sign letter urging Gov. Whitmer to address Michigan’s role in dam disaster
The documents, filed in the Michigan Court of Claims as part of the Plaintiffs’ Response in Opposition to Defendants’ Motion for Summary Disposition, detail a timeline of warnings and regulatory failures leading to one of Michigan’s worst infrastructure disasters.
Pattern of Documented Warnings
Federal regulators first raised alarm bells in June 2017, when the Federal Energy Regulatory Commission (FERC) declared the dam’s inadequacies “must be remedied in order to protect life, limb, and property.”
The situation deteriorated in September 2018 when FERC revoked Boyce Hydro Power’s operating license, citing a longstanding “failure to increase the project’s spillway capacity to safely pass flood flows, as well as its failure to comply with its license.” This action transferred oversight to Michigan’s Department of Environment, Great Lakes, and Energy (EGLE).
Mounting Safety Concerns
Internal communications show EGLE officials were aware of serious structural issues. On January 25, 2019, EGLE engineer Luke Trumble warned the Four Lakes Task Force that erosion of the downstream slope could progress to the point of causing the dam’s failure.
By September 2019, engineering firm Spicer Group explicitly informed EGLE that the dam couldn’t safely operate under state standards without major repairs.
State Officials Acknowledge Deficiencies
In a November 13, 2019, internal email, senior EGLE official Teresa Seidel acknowledged that the dam’s capacity had been overestimated and failed to meet minimum safety requirements, even under Michigan’s lower standards.
Two weeks later, attorneys from Clark Hill PLC sent a letter to EGLE leadership, warning of imminent danger and accusing the state of obstructing safety improvements.
“The purpose of this letter is to convey the concern for the public health, safety and welfare of the people and property located in proximity to the Edenville Dam,” the letter stated.
Environmental Priorities Over Safety Concerns
Despite mounting safety warnings, internal communications reveal EGLE and the Department of Natural Resources focused primarily on environmental impacts, attorneys say.
An October 22, 2019, email from Luke Trumble noted concerns about the environmental impacts of lowering water levels but made no mention of public safety risks.
Critical Decision Led to Failure
In a decision that would prove catastrophic, EGLE authorized raising Wixom Lake’s water levels on April 9, 2020, despite documented knowledge of spillway and embankment stability issues, according to court documents.
The dam failed just weeks later on May 19, leading to mass flooding.
Attorney General’s Response
“The failure of the Edenville Dam was tragic, and the Attorney General sympathizes with the thousands affected by the dam failure who undeniably suffered tremendous losses. The State, however, was not responsible for the dam failure and we expect this litigation will not be successful as the plaintiffs do not have evidence to support their allegations. Conversely, the evidence in this matter confirms that the state agencies are not responsible for the dam’s failure.
As we’ve explained, this was not a state dam, but a privately owned dam entirely controlled by a small family. Flood survivors sued the owners and successfully forced the liquidation of the owners’ assets. State agencies also sued the owners of the dam.”