The U.S. District Court for the Eastern District of Michigan ordered DTE Energy Company and three of its subsidiaries to comply with the Clean Air Act and pay a penalty of $100 million in a decision issued today concerning a coke battery in River Rouge, Michigan.
The EES Coke facility (Facility) is located on Zug Island, between River Rouge and Detroit, in an area that fails to meet federal standards for sulfur dioxide in the air. The Facility uses coal and other raw materials to produce metallurgical coke, an input for making steel. The court found that the Facility increased its sulfur dioxide pollution as a result of changes the company sought to its state air permit in 2014. For example, the Facility emitted over 3,200 tons of sulfur dioxide pollution in 2018, compared to permitted baseline sulfur dioxide levels of under 2,100 tons per year.
In an August 2025 order, the court found that the Facility violated the Clean Air Act. The court then held a two-week trial in September to determine which DTE Energy Company entities were liable and the appropriate relief for the violations.
The court found that DTE Energy Company, DTE Energy Resources LLC, and DTE Energy Services Inc. were all liable as operators of the EES Coke facility. The court found each entity ?exhibit[ed] a high degree of control over the Facility, including over environmental decision-making and operations.? In addition, the court had previously found that EES Coke Battery LLC was liable as an owner