It Should Never Have Happened
The failure of the Edenville Dam on May 19th, 2020, flooded the greater Midland County area with billions of gallons of water. The incident unleashed a torrent of water draining from Wixom Lake into the Tittabawassee River, and into a community that had no expectation that flooding or water damage of this magnitude could occur to their homes. The breach of the nearly 100 year-old Edenville Dam was a shock that has left residents of Gladwin and Midland County reeling, facing a wide range of damages, and urgently seeking answers.
The Pitt Law Legal Team is here to help those affected by the failure of the Edenville and Sanford Dams. For more information about filing a claim, please contact us today.
The Preventable Disaster: Exploring the High-Risk History of the Edenville Dam
In 2018, the owner of the Edenville Dam, Boyce Hydro Power, lost their license due to the dam’s condition and the owner’s failure to maintain license and safety requirements. The license was formally terminated by the Federal Energy Regulatory Commission (FERC) due to a multitude of violations and safety concerns. The Michigan Department of Environment, Great Lakes and Energy (EGLE), then took control of the dam. For years, federal warnings had been issued regarding the instability of the Edenville Dam and the risk its failure posed to the community. Because of neglect and lack of care dating back to 2004, the Edenville and Sanford dams were determined to be in “poor condition” during inspections and were considered to be part of a “long history of noncompliance” due to structural instability that could directly affect public safety.
Inevitably, community safety was placed at tremendous risk during the events which occurred on May 19th and 20th. After heavy rain, the Tittabawassee River’s water levels began to approach record levels. The problem reached a critical point at 5:45 PM on May 19th, when Midland County 911 was forced to issue an emergency flash flood warning due to the breach of the Edenville dam and the expected collapse of the Sanford dam. Though the Sanford dam did not fail completely, the damage caused by critical breaches of both structures resulted in devastating flooding across the region.
Michigan Governor Gretchen Whitmer declared a State of Emergency in Midland County on May 19th and requested a federal disaster declaration for the region. President Donald Trump approved the request on Thursday, May 20th.
Damage Caused by Flooding in the Midland Area
Communities throughout Gladwin and Midland County have experienced catastrophic and potentially irreparable damages due to the extreme flooding caused by the failure of the Edenville and Sanford Dams. Both local and national news networks have captured pictures of the devastation left behind by the flooding. While flooding is commonly associated with the water damage affecting the basement or entry levels of affected properties, the flooding in this disaster was so significant that entire homes were washed away by the rising waters. As a result, Midland flood claims for those in the county (as well as those in neighboring areas, including Gladwin county) now need to recover from extensive damage to land, homes, personal property, and much more.
The Pitt Law Legal Team is currently assisting clients pursuing claims for damage, including:
property damage caused to residences and contents
Loss of property value, and the ability to use and enjoy the property
Damage to personal goods, including, but not limited to: boats, automobiles, docks, seawalls, furniture, personal items, etc.
Loss of farm and agricultural products, including crops, heavy machinery, and soil contamination
Inventory/business goods lost by businesses. Business interruption and lost revenue
Developing concerns surrounding property damage caused by chemical pollution, resulting in environmental impact
Other damages
Ongoing Concerns Surrounding Dam Issues
Beyond the evident destruction caused by the rushing water throughout the region, there are additional concerns that the damage may be more far-reaching. This is because the flooding potentially carried toxic chemicals from the site of the Dow chemical plant into the surrounding areas, creating an additional hazard for residents and permanently affecting properties in the region.
When it comes to the investigation surrounding the failure of these dams, the Pitt Law Legal Team is evaluating “what happened?” and considering who will ultimately be considered responsible. Governor Whitmer had requested EGLE to conduct an investigation into the failure of the Edenville and Sanford dams. While an investigation may be a welcome idea to those concerned about this catastrophe, our attorneys believe that an entity legally responsible for the care of the dams when Boyce failed to exercise proper care and caution was being tasked with the investigation of their failure(s). This concern is shared by property owners in the area, as the Four Lakes Task Force that announced their desire for an independent group to manage the dam failure investigation. While the history of the dam has been described as complicated, and EGLE has shown a willingness to have a third party oversee the investigation, there is a critical need for objective transparency and oversight in this matter.
The State of Michigan has filed a lawsuit against Boyce Hydro Power LLC and partners for dam failure and the depletion of the area lakes. The suit alleges the company committed years of “grossly negligent and defiant actions,” with the State seeking fines and compensation for the flooding damage. Representatives for Boyce have denied the charges and claimed state regulators are to blame for the dam failures. Our attorneys are concerned that this is a diversionary tactic, intended to deflect responsibility and conceal neglect and wrongdoing by the State of Michigan.
Regrettably, state experts now believe five other dams may be vulnerable to failure. This recent assessment demonstrates the extent to which dam infrastructure is sorely neglected, how warnings continue to be ignored and the immediate attention required to protect public safety.
Take Action.
Speak Out.
Get Justice.
The Pitt Law Legal Team continues to assist our Michigan neighbors in filing claims against the State of Michigan and other individuals and entities responsible for the failure of the Edenville and Sanford dams. Just as distinctive as each clients unique damages are, so too are the individual claims we are pursuing for each of our clients. Unlike a class action, each client’s claim is based upon the specific harm and losses they’ve individually suffered. While a class action that can treat claims the same, individual claims for our clients are focused on their unique damages and the compensation each is entitled to. Further, while class members have little or no control over the amount any award they receive, clients pursuing an individual action remain in complete control of their cases and the amount of their settlement. As a result, we believe the individual action is the best course for our clients.
If you would like more information on how to file an individual claim with the Pitt Law Legal Team for the avoidable flooding damage caused by failures of the Edenville and Sanford dams, call us at (248) 662-2162 or fill out our online contact form today.