Parent Companies Providing Management Services to Subsidiary Held Liable as Facility ‘Operator’ Under the Clean Air Act

On Feb. 17, the Eastern District of Michigan held, after a bench trial, that indirect parent companies of EES Coke Battery LLC (EES Coke) are strictly liable as 'operators' for Clean Air Act violations at EES Coke’s facility. EES Coke owns and operates a coke battery plant on Zug Island in Michigan (the Facility). In 2013 and 2014, EES Coke sought changes to its Clean Air Act permits, and these changes were approved by the Michigan Department of Environment, Great Lakes, and Energy.... By: Lowenstein Sandler LLP