U.S. 'incompetency' led to Edenville Dam failure, couple claims in lawsuit

Victims of the Michigan’s Edenville Dam catastrophe are suing the federal agency that oversees hydropower dams, alleging its regulators never should have granted Boyce Hydro a license to operate the dam.

In a lawsuit filed in the U.S. District Court for the Eastern District of Michigan, lawyers for Dan and Cathy Allen of Sanford argue the Federal Energy Regulatory Commission showed “gross incompetency and deliberate indifference” by negligently giving then-dam owner Boyce Hydro LLC permission to generate power without first making sure the company could safely operate the dam.

Had the agency scrutinized Boyce more closely, lawyers claim, it would have known Boyce lacked “the financial ability, competency or good faith motivation to make the dam safe or to protect the residents and property owners living downstream.”

The lawsuit, filed late Friday, also blames FERC for failing to order a drawdown of the reservoir behind the dam when weather reports indicated major rain was coming to mid-Michigan last May.

Read more: https://www.bridgemi.com/michigan-government/us-incompetency-led-edenville-dam-failure-couple-claims-lawsuit