| North America
Michigan court dismisses lawsuit over Edenville Dam failure
On 23 April 2026, the Michigan Court of Claims dismissed a lawsuit filed against the State of Michigan regarding the May 2020 Edenville Dam failure. The court found that the state was not responsible for the disaster and that key allegations made by the plaintiffs were not supported by the evidence. “The Edenville Dam failure was tragic, and while the evidence has always shown the state was
not responsible, we have taken decisive action against those who were,” said Attorney General Nessel. “We acknowledge the lasting impact this has on Mid-Michigan, and our thoughts remain with those affected.” On 19 May 2020, the east embankment of the Edenville Dam failed, sending a surge of water
downstream that resulted in catastrophe for the surrounding communities. The state had a substantial claim against the dam owners Boyce Hydro, but when the dam owners filed for bankruptcy and flood survivors pursued the owner’s assets, the state stepped out of the way to ensure as much of the assets as possible would be distributed to flood survivors. The state still pursued the dam owners in the US District Court for the Western District of Michigan, and obtained a ruling that the owners had violated the law. In 2023, the state secured a nearly US$120 million judgment against Lee Mueller, the person in charge of the dam, reflecting his responsibility for the catastrophic failure. The court held that Mueller did not disclose his belief about the dam’s vulnerability to the state, and noted that a never implemented planned cutoff wall would have been more likely than not to have prevented the failure. The Court of Claims ruled decisively in favour of the state and found that:
● At all times, the dam was operationally controlled by the private owners, and not the state. ● None of the many inspections and analyses of the dam during its nearly 100-year lifetime forewarned the state that the normal water levels of Wixom Lake were unsafe or presented an imminent risk of harm.
● Once jurisdiction of the dam passed to the state from federal regulators, EGLE acted promptly to address the safety issues at the dam.
● The initiative to maintain the normal summer level of Wixom Lake was not initiated by the state. ● The state did not withhold information or seek to conceal information related to the condition of the Edenville Dam.
● The state did not prioritise environmental concerns or natural resource damages over the public health, safety, and welfare.
Acknowledging that although historic investments have already been made to repair and remove ageing dams across the state, EGLE Director Phil Rooss added that tools to support dam safety, such as legislation, now need to be strengthened
Legal move Prompted by the Edenville and Sanford Dam failures,
landmark safety reforms were introduced by Rep. Bill Schuette at the beginning of 2026 as House Bill 5485. This legislation aim is to: ● Expand state oversight and modernise regulations to better protect communities from flooding and infrastructure failure.
● Require dam owners to register and plan ahead, including comprehensive safety, inspection and asset management strategies.
● Increase inspection frequency and accountability to identify risks earlier and timely action.
● Raise design and safety standards so dams can better withstand extreme weather and changing climate conditions.
● Create new funding and emergency response tools, including a dedicated emergency fund and grant program to address high-risk dams. In July 2026 both Michigan legislative chambers
voted in favour of the Bill, giving the go ahead to start overhauling existing dam safety laws and channelling necessary funds for upgrades and repairs. “This is a massive win for our state and how we
protect those who live downstream of our more than one hundred high hazard dams,” Schuette said. “We don’t want to see another situation like what happened with the Edenville and Sanford dams wreak havoc on other communities in our state. This will give us the opportunity to be proactive, recognise where there is a problem and facilitate changes,” he added. And with climate change prompting more extreme weather events, state Sen. Mallory McMorrow said although “we just have to accept that this is the new normal,” the state’s infrastructure needs to be prepared for it.
Flooding in Michigan during May 2020. Image: Tyler Dittenbir/
Shutterstock.com
Moores Park Dam situated in the middle of Lansing Michigan is over 100 years old and one of many of the state’s high risk structures. Image: Matthew G Eddy/
Shutterstock.com
www.waterpowermagazine.com | September 2026 | 19
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45
