According to court documents filed April 29, Eagle Creek Renewable Energy agreed to pay a $25 million settlement to the state to resolve a lawsuit stemming from a pre-Covid dam drawdown.
In 2019, Eagle Creek — which owns the Morrow Dam — began lowering the water level on Morrow Lake. The drawdown resulted in a flood of sediment into the Kalamazoo River, covering some areas of the riverbed in up to 12 feet of mud and burying riverbed habitats.
Cleanup efforts were later abandoned by Eagle Creek, and in 2022 an Ingham County judge ruled a lawsuit filed by Attorney General Dana Nessel against Eagle Creek could move forward.
That case was set to begin April 27 — but the parties reached a settlement before the case could begin.
Eagle Creek has said the drawdown was necessary to repair aging spillway gates. In a statement, spokesperson Matt Friedman said: “The actions we took on October 31st, 2019 saved lives and protected property.”
"Investments like our Morrow spillway repair project are vital to ensuring the safety of downstream communities. The safety of those communities is our top priority. STS Hydropower remains committed to providing reliable, clean electricity for Michigan," Friedman said.
In response to the settlement, Democratic State Senator Sean McCann of Kalamazoo issued a statement commending the agreement.
“The Kalamazoo River is a vital resource to Michigan and our community. The disastrous sediment released at Morrow Dam set back our progress to restore this waterway. It choked the growth of fish and wildlife for many seasons," McCann said. "I appreciate Attorney General Dana Nessel’s work to arrive at this settlement as the likely best outcome given the circumstances and to achieve some accountability for the responsible parties."
As a result of the settlement, the state has dropped all claims against Eagle Creek — absolving the company of liability and responsibility for cleanup efforts.