Removal also tends to solve more permanently the problems surrounding the dam, Mistak told the Senate joint committees on Energy and Technology and Environmental Quality during a hearing last month. "Some of these concerns, such as inadequate recreational amenities or access to recreational amenities, were raised by members of the public," Golder said. 0
During the past 10 years, dam projects addressing fish passage and connectivity have gotten more attention than those that maintain a manmade structure — be it a dam or a culvert, Korleski said.


Attorney Michael Pitt has been appointed by the Federal Court as a Lead attorney in that litigation and attorney Kenneth Stern is an experienced trial attorney representing Flint victims and he has litigated cases across the country against the largest corporations, various states and the federal government. The state and private owners alike also need to examine which dams have outlived their usefulness. In that case, the state would approve the negotiated contract between the utility and dam owner, commission spokesman Matt Helms said. That analysis was finished June 4, after the Edenville Dam failed, and belatedly revealed the dam didn’t meet flood-capacity standards. Across the nation, as environmental awareness grew and liability issues with dams came to the forefront, removal became a more viable option than repairs in the eyes of regulators and owners alike, said Mark Ogden, a former Ohio dam safety official who is now a technical specialist with the Association of State Dam Safety Officials. https://blogs.agu.org/landslideblog/2020/05/21/edenville-dam-failure-2 Rick Snyder’s administration's 21st Century Infrastructure Commission recommended spending $227 million on dams over 20 years.

The agency’s dam safety unit receives about $350,000 annually for two dam safety engineers and a supervisor who manage about 1,060 dams.

"There are plenty of cars on the road that are unsafe, so is it up to us as a society to fix them?” Hayes said. The DNR’s goal is to minimize environmental impacts and typically recommends dam operations "that mimic natural river conditions," protect natural resources and secure recreational pursuits, Golder said.

Rather, the fund is intended for dam-related projects that meet the initiative’s environmental protection and restoration mission. An alternative strategy is to pursue individual claims for each damaged party, whether a property or business owner.

Videos and images captured by witnesses show just how much water was unleashed when Michigan's Edenville Dam failed.

endstream endobj startxref The Republican-led Legislature and Snyder administration made one-time funding additions of $2 million in fiscal year 2013 and $3 million in fiscal year 2016. %%EOF Nohner and Mistak told legislators they were unaware of any readily available federal funding programs for dams.

Given the state’s preference for dam removal, "it is not surprising that Boyce Hydropower LLC has been targeted" and "administratively harassed," he wrote more than a year before the dam broke.

"It’s time to strategically look at where we have high maintenance, high restoration needs, and see where we should be restoring and where we should be removing,” she said. Less than a year before the dam broke, the state Department of Natural Resources rejected a $1.6 million grant request for the dam’s repair. But in Boyce Hydro’s case, the state argued it was attempting to facilitate the sale and rehabilitation of the Edenville Dam through a $5 million funding earmark by the GOP-led Legislature and support for a special assessment district that would fund ongoing maintenance. On Friday, McBroom stood by his comments, noting the grants should be restructured if the language is written in such a way that fishery concerns are in competition with safety concerns.

The dam management grant, one of three grants available under the Fisheries Habitat Program, has ecological and human health and safety objectives, said Joe Nohner, a coordinator for the DNR's Inland Lakes Habitat Analyst & Midwest Glacial Lakes Partnership. As a result, client award customized based upon their individual circumstances, In individual case approach, clients retain control of their case, including right to approve or reject settlement, unlike class action where class members have little or no voice or control.

The Edenville Dam in Gladwin County has been breached, according to a Midland County 911 alert that sounded at about 5:43 p.m. Tuesday, May 19. But, occasionally, dam failures bring the issue to the forefront, as was the case in the Midland area, she said. Lawmakers peppered the DNR’s Mistak and two other department employees at a June 16 hearing about the Dam Management Grant program, which had denied a $1.6 million grant request last year from Four Lakes Task Force for fixing the Edenville Dam.

endstream endobj 199 0 obj <. h�b```f``Z������� �� @V��7ro��8';)���2t00w@d�����ia ����j ,����x����� The Upper Peninsula senator criticized the DNR for not requesting more funding if that’s what officials needed to address safety concerns. 232 0 obj <>stream No secretaries, paralegals or “local front men” without appropriate experience and qualifications will respond to your questions and concerns, Contacted by hundreds of area residents suffering flood damage, with many referred by friends, neighbors and relatives of clients we represent, Represent many area lawyers suffering flooding damage, Many lawyers inexperienced in cases of this type are referring their clients to us for representation, It’s critical that you feel confident working with the Pitt Law Legal Team regarding the filing of an individual claim. We and our clients believe that because individual claims allow each client to recover the full amount of the damages they deserve through a claim the client controls, this is a better approach than pursuing a class action. These are knowledgeable and experienced Michigan environmental attorneys that have been involved in the Flint Water crisis. "The way we’re doing it right now is just not smart," he said. On Friday, May 22, 2020, the Pitt Legal Team, comprised of attorneys from the Southeast Michigan law firms of Pitt, McGehee, Palmer, Bonanni & Rivers, P.C., and Stern Law, PLLC, filed a lawsuit to protect victims of this completely avoidable disaster. In Midland, Sanford and Edenville, Michigan two dam failures along the Tittabawassee River led to massive flooding, © 2020 The Detroit News, a Digital First Media Newspaper, state Department of Natural Resources rejected a $1.6 million grant request. Sen. John Bumstead, the Newaygo Republican who chairs the Natural Resources and Environmental Quality Appropriations subcommittee, acknowledged McBroom’s comments about public safety but contended that tight General Fund budgets can’t provide the vast amount of cash needed to fix Michigan’s infrastructure.

We believe in earning your trust through transparency, and we’ve provided the following as a brief overview of common questions and concerns the community has regarding this litigation, Better understand the case filed by our lawyers and what the next steps in our litigation by reading our brief FAQ section, Edenville, Sanford Dam Failure Legal Assistance.

The article largely aired grievances against state and federal regulators who he argued were violating private property rights in the pursuit of European-style environmental agendas.

Pitt, McGehee, Palmer, Bonanni & Rivers, P.C. (the Pitt Legal Team).

%PDF-1.6 %���� "A lot of our regulatory authorities and bodies — we’ve seen this with EGLE — they’ve just been gutted financially, so we really don’t have regulatory authority or teeth to manage this.”. The individual case approach permits each damaged party to seek the full amount of the unique damages they deserve. The DNR and the Department of Environment, Great Lakes and Energy, or EGLE, have looked at the Tittabawassee River in particular as ripe for a return to "run-of-river" operations because of the impact on "historical fish communities," Kogan argued. Further, in an individual case approach, the damaged party retains control over the amount of their award, with an ability to accept or reject any settlement offers. “Boyce had spoken to people in the Legislature," Kogan said. Class action approach may only be best in limited circumstances where there’s been little damage, and the damages are similar. �f��H�20I�L@g��]$���zT�E� ��#� While Kogan complained about the DNR’s grant program favoring dam removals, his client also never applied for a grant prior to Four Lakes’ 2019 application. Also, in a class action, the class members have very little if any voice or control over the litigation and/or the amount of their award as class members.

The 4.8 megawatt, 6,600-foot Edenville dam held back the Tittabawassee and Tobacco rivers at Edenville, Mich.

“Unless this body is willing to put in $4 million to $5 million a year, we’re not going to get anywhere,” Bumstead said.


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