MICHIGAN DAM OWNER FOUGHT WITH STATE OVER LAKE LEVELS BEFORE FLOOD:

Boyce Hydro, which has been criticized for failing to keep the Edenville Dam in compliance with federal regulations, said it sympathizes with those affected by the flood but defended its actions in the weeks and months before record rainfall caused the dam to fail.

In April, Boyce and the state sued each other in state and federal court over the company’s attempts to lower Wixom Lake, an impoundment reservoir that the Michigan Department of Environment, Great Lakes and Energy (EGLE) says is home to endangered freshwater mussels that were killed by drawdowns in 2018 and 2019.

Boyce says it asked EGLE for permission to lower Wixom Lake last fall “due to concern for the safety of its operators and the downstream community.” EGLE and the Michigan Department of Natural Resources denied the request. Boyce lowered the lake without approval in mid-November “believing its safety concerns were paramount.”

Boyce sued the state on April 29 in Grand Rapids federal court, arguing the state lacks scientific validation for its endangered species concerns and should allow the drawdowns.

Gov. Whitmer: If it saves just one mussel, it’s worth it.