Nearly three years after the failure of the Edenville and Sanford Dams in Mid-Michigan caused disastrous flooding, dozens of residents have filed a lawsuit against the U.S. government over the failure.
The lawsuit, filed in federal court on Monday, is against the Federal Energy Regulatory Commission (FERC), alleging the commission didn't follow its own obligations and was a major contributing factor to the flood.
On the evening of May 19, 2020, heavy rains in Mid-Michigan caused the eastern side of the Edenville Dam to collapse, sending a massive rush of water from the Tittabawassee River downstream and forcing the evacuations of more than 100,000 people. It ultimately led to the failure of the Sanford Dam as well.
"The Federal Government, through decades of negligence and failure to act in accordance with its own statutory obligations, was a major contributing factor to this disaster. This lawsuit seeks to hold the Federal Government accountable for the damages it caused by its unconscionable conduct," the lawsuit reads.
Last year, the FERC's independent forensic team released its final report on the dam failure, which found that the failures were "foreseeable and preventable," however, the forensic team said that they understand the natural desire to place blame.
Related: Feds revoked license for Edenville Dam in 2018 worried it couldn't handle large floods
"However, the IFT found that the failure cannot reasonably be attributed to any one individual, group, or organization. Instead, it was the overall system for financing, designing, constructing, operating, evaluating, and upgrading the four dams, involving many parties during the nearly 100 years of project history, which fell short in ensuring a safe dam at the Edenville site," the report reads.
The lawsuit mentions several different things that happened leading up to the failure, and then the individual plaintiffs each lay out some of the experiences they went through.
Those experiences include:
- Barbara Stevens, 87, owned a home on Lake Sanford. "The flooding on May 19, 2020, completely flooded the home and the entire contents of the home. The contents had to be discarded and replaced, including all carpeting and rugs, flooring, furniture, window treatments, bedding, electronics, appliances, kitchen cabinets, hot water heater, outdoor furniture and many antiques and collectibles. Ms. Stevens also lost several hundred dollars’ worth of grocery items due to no electricity. In addition, Plaintiff’s 1998 Crown Victoria was also ruined from the floodwaters," the lawsuit alleges.
- The Borchard family had a vacation home with about 100 feet of water frontage on Lake Sanford. "The flooding on May 19, 2020, completely submerged the Borchard Family’s waterfront vacation home. The floodwaters from the dam breach flowed directly down river and destroyed much of the exterior of the home, the contents inside the home, as well as the exterior and contents of the garage. The walls, drywall, doors, appliances and other contents of the home had to be discarded. The property had to be totally gutted inside," the lawsuit alleges.
- Troy Valley and Lauren Valley who live down hill from both the Edenville and Sanford dams. "The flooding on May 19, 2020, completely flooded the basement to the ceiling, the first floor of the home, the garage and the outer shed and destroyed items including, but not limited to appliances, electronics, furniture, kitchen items, rugs, linens and bedding, exercise equipment, hot water heater, lawn equipment, power tools, riding lawnmower, pop-up camper, and 2005 Impala. The Valley family also lost several hundred dollars in groceries due to no electricity," the lawsuit said.
The lawsuit seeks a judgment for personal and property damages, plus the cost of the suit and other relief. This lawsuit is the latest, with other lawsuits filed against the state over the dam failures.
Years before the Edenville dam broke, federal and state warnings went unheeded
The devastation wreaked by the collapse of the Edenville Dam followed a 16-year battle between the dam’s owner and federal and state regulators that ultimately failed to bring the dam into compliance.
“They have a long history of violations, of non-compliance. And that doesn’t speak well to the company’s track record,” said Hugh McDiarmid, Jr., a spokesman for the Michigan Department of Environment, Great Lakes, and Energy, in May 2020.
As far back as 1999, the Federal Energy Regulatory Commission, or FERC, said that the dam needed to increase its capacity to prevent a significant flood from overcoming the structure.
Boyce Hydro bought the dam in 2004, but failed to ever make the needed fixes. In 2018, FERC revoked the dam’s license for the dam’s hydro-power generator.
