A U.S. district court ordered DTE Energy Co. and three subsidiaries to comply with the Clean Air Act and pay a $100 million civil penalty for violations at the EES Coke Battery on Zug Island near River Rouge and Detroit.

The court found DTE had substantial control over the facility, including emissions-related decisions, establishing liability under the Clean Air Act.

As part of the judgment, DTE must seek New Source Review permits from the Michigan Department of the Environment and Great Lakes within 250 days.

Sulfur dioxide, a key pollutant under the Clean Air Act, is linked to asthma and respiratory issues and can contribute to PM2.5 formation, worsening health outcomes in surrounding communities.

Environmental advocates framed the ruling as a milestone for accountability with potential public health benefits from projects funded through a community committee, including HEPA purifiers, school filtration, and home weatherization.

The court did not mandate desulfurization technology, though such a solution would have substantially reduced emissions; the EPA had urged full desulfurization within three years.

The ruling follows long-standing litigation initiated by the Department of Justice, with the Sierra Club and Earthjustice representing local community interests.

The lawsuit involved the Sierra Club and the city of River Rouge, with the federal government alleging multiple Clean Air Act violations related to permitting, pollution controls, and New Source Review; the EPA flagged violations in 2020 and the DOJ filed suit in 2022.

Environmental justice advocates hailed the ruling as a significant victory for affected residents, while DTE said it would appeal to the Sixth Circuit.

The EPA conducted the investigation and the ENRD’s Environmental Enforcement Section led the case, with support from other staff.

Testimony cited estimates that excess sulfur dioxide emissions caused about 98 early deaths from 2019 to 2022, with more expected from future emissions.

EES Coke Battery violated Clean Air Act standards for sulfur dioxide, with 2018 emissions totaling over 3,200 tons, exceeding the permitted baseline of under 2,100 tons per year; evidence showed emissions rose after an altered permit in 2014.