Judge finds former owner of dams near Midland liable for nearly $120 million in environmental damage

Catastrophic flooding in Midland in 2020
Photo credit Gregory Shamus/Getty Images

LANSING (WWJ) – Lee Mueller, the former owner of the company that operated the failed Edenville Dam near Midland, has been found liable for nearly $120 million in damage caused by extensive flooding in 2020.

The U.S. District Court for the Western District of Michigan on Monday awarded the state of Michigan a monetary judgment against Mueller, whose Boyce Hydro Power LLC owned and operated the dam.

The judgment is in the amount of $119,825,000, according to Michigan Attorney General Dana Nessel, whose office filed the motion seeking judgment on behalf of the Michigan Department of Environment, Great Lakes, and Energy (EGLE) and the Department of Natural Resources (DNR).

The east embankment of the dam failed on May 19, 2020, sending a surge of water downstream that resulted in catastrophe for the surrounding communities. The Court ruled in February that Mueller himself was responsible for the failure, before ruling in October that his company, Boyce Hydro, was also responsible

Nessel’s office has said previously that Boyce Hydro ignored warning signs of the catastrophic flooding a decade before it happened.

“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,” Nessel said, per a press release. “This nearly $120 million judgment is important, both as a measure of accountability to the community Mueller devastated and as a deterrent to other owners of critical infrastructure.”

In a statement released Tuesday, Gov. Gretchen Whitmer thanked Nessel for leading the lengthy effort to find justice for those impacted by the flooding.

“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,” her statement said.

Monday’s judgment concludes the state’s civil enforcement action against Mueller and his companies that owned and operated the Edenville Dam, which has been ongoing since June of 2020.

Featured Image Photo Credit: Gregory Shamus/Getty Images