September 25, 2025
A Michigan state judge overseeing litigation against regulatory agencies over a dam that collapsed and caused widespread flooding said he will not bar an expert from testifying that the government ignored risks and took actions that increased the danger of a dam failure.
Court of Claims Judge James Redford on Tuesday rejected the arguments of the Michigan Department of Environment, Great Lakes and Energy as well as the state’s Department of Natural Resources, which had asked the judge to exclude or limit the testimony of a dam safety regulator at an upcoming trial.
In an opinion, Judge Redford said the expert was qualified to assess the regulatory oversight of the Edenville Dam near Midland, Michigan, which failed in 2020 and unleashed a flood that damaged thousands of properties downstream. The dam, formerly used as a hydropower generating station but idle at the time of the collapse, was owned by a private entity called Boyce Hydro.
Flooding victims have brought inverse condemnation claims against the state agencies that had oversight of the dam, saying they were aware of the risk it would fail and yet took actions that added to the danger.
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The class is represented by David Dubin of Dubin Law PLLC, Elizabeth Fegan of Fegan Scott LLC and Jason J. Thompson of Sommers Schwartz.
The mass tort plaintiffs are represented by attorneys at Johnson Law PLC, Dubin Law PLLC, Pitt McGehee Palmer Bonanni & Rivers PC, Fieger Law, The Miller Law Firm PC, Buckfire Law Firm, Cohen Milstein Sellers & Toll PLLC, McAlpine PC, Olsman MacKenzie Peacock, Giroux Pappas Trial Attorneys PC, Rasor Law Firm PLLC, Behm & Behm and Stern Law PLLC.
Read Mich. Judge Won’t Disqualify Expert from Edenville Dam Trial.