Michigan AG Succeeded in Lawsuit against Operator of Failed Dams

JUNE 9, 2020

On June 9, 2020, Michigan Attorney General Dana Nessel filed a lawsuit against Boyce Hydro alleging that the company’s negligence contributed to the catastrophic failure of two dams that resulted in major destruction of public and private property and damage to Michigan’s natural resources. The complaint recounts an extensive history of alleged negligence by Boyce Hydro, which ultimately culminated in the failure of the Edenville and Sanford Dams.

In May 2022, “the United States District Court, Western District, issued a discovery order to Lee Mueller—the person responsible for the Edenville Dam at the time of its failure.”

On October 4, 2022, AG Nessel’s office, along with the Department of Environment, Great Lakes and Energy (EGLE) and the Department of Natural Resources (DNR), announced that the Court sanctioned Lee Mueller, the manager of the company, for his refusal to obey the Court’s order and established the truth of seven facts.

On May 25, 2023, AG Nessel filed a motion for summary judgment revealing key facts previously unknown to the public about the case, and asking the court to dismiss Boyce Hydro from the case so that the state can hold the owner personally responsible instead.

On October 6, 2023, the U.S. District Court for the Western District of Michigan AG Nessel’s motion for summary judgment.