An Ingham County judge says a case against the owners of Morrow Dam can go forward. Eagle Creek Renewable Energy was in court Wednesday arguing the case against it should be dismissed.
The company that owns the dam near Comstock Township claimed the Michigan Attorney General had no jurisdiction or legal basis to file the suit. But Ingham County Circuit Court Judge Clinton Canady disagreed and denied the company's motion.
The state is seeking compensation for damages to the Kalamazoo River, after Eagle Creek allowed as much as 400,000 cubic yards of sediment to flow into the river. Parts of the riverbed were buried in up to 12 feet of mud.
The sediment flowed out of the Morrow Lake reservoir during a prolonged drawdown that began in 2019. As a result, parts of the riverbed were buried in up to 12 feet of mud.
Michigan Attorney General Dana Nessel filed the lawsuit against Eagle Creek and its subsidiary STS Hydropower in March, after the company abandoned cleanup efforts.
The suit claims the company created a public safety hazard, destroyed animal habitat, and restricted public access to the river. The suit was filed on behalf of the Michigan Department of Environment, Great Lakes and Energy (EGLE), and the Michigan Department of Natural Resources.