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|8-KFeb 18, 4:20 PM ET

DTE ENERGY CO 8-K

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DTE Energy Reports $100M Civil Penalty in EPA Clean Air Case

What Happened
DTE Energy disclosed that on February 17, 2026, a federal trial court imposed a $100 million civil penalty against defendants in a Clean Air Act enforcement case that originated June 1, 2022. The U.S. Department of Justice, on behalf of the EPA, sued EES Coke Battery, LLC (a wholly‑owned DTE subsidiary) for alleged non‑attainment new source review violations; the DOJ later amended the complaint (May 20, 2024) to add EES Coke’s parent entities, including DTE Energy. The court had granted EPA partial summary judgment on liability on August 25, 2025; a trial on remedies and parent liability concluded September 29, 2025. In addition to the penalty, the court ordered defendants to seek a permit to install pollution controls and to establish and fund an action committee for community air quality projects. DTE and the other defendants will appeal and say they cannot predict the final outcome or any additional financial impact.

Key Details

  • Complaint filed: June 1, 2022 (DOJ on behalf of EPA) against EES Coke Battery, LLC.
  • Parents added to lawsuit: amended complaint granted May 20, 2024 (includes DTE Energy).
  • Liability ruling: EPA’s motion for partial summary judgment granted August 25, 2025.
  • Remedies/order: trial concluded Sept 29, 2025; court ordered $100 million civil penalty on Feb 17, 2026, plus permitting for pollution controls and funding of a community air quality action committee.
  • Next step: defendants will appeal; DTE cannot predict final outcome or additional financial impact.

Why It Matters
For investors, this filing signals a significant regulatory penalty and potential compliance obligations tied to environmental controls and community projects. The $100 million penalty is a concrete near‑term judgment, but the appeal process could change the final liability or timing of payments. Additional required permits and pollution controls may lead to future capital or operating costs. Because DTE states it cannot currently estimate the ultimate financial effect, the issue introduces uncertainty that could affect future results, cash flow, and regulatory risk assessment.