Legal Proceedings

Latest Update:

On May 17, 2023, the Fourth Amended and Restated Consent Judgment was entered by the Washtenaw County Circuit Court between the Michigan Department of Environment, Great Lakes and Energy (EGLE) and Gelman Sciences, LLC.

Fourth Amended Consent Judgment - 2021 to Current

On June 1, 2021, Washtenaw County Circuit Court ordered the immediate implementation of the requirements in the proposed Fourth Amended and Restated Consent Judgment (but not the settlement agreements or dismissal order).  

On September 15, 2022, the Michigan Court of Appeals decided that Washtenaw Country Trial Court lacked authority to modify the Consent Judgment.  The Court of Appeals ruling vacated the June 2021 court order and reinstated the previous Consent Judgment from 2011.  Additionally, the Court of Appeals directed the Trial Court to dismiss the intervenors.

Fourth Amended Consent Judgment - 2017 to 2020

The State of Michigan, Gelman Sciences, and the 'intervenors' (Washtenaw County, City of Ann Arbor, Scio Township, and the Huron River Watershed Council) had been negotiating a Fourth Amendment to the 1992 Consent Judgment since 2017. Negotiations are confidential; however on August 31, 2020 the Court Confidentiality Order was lifted and the proposed settlement documents made available to the public.  The documents included the Fourth Amendment to the Consent Judgment, Dismissal Order and Settlement Agreements. 

The Washtenaw County Board of Commissioners hosted a question and answer session and heard public comment on the proposed settlement agreement on September 24, 2020.

The proposed Fourth Amended and Restated Consent Judgment was rejected by the Washtenaw County Board of Commissioners during a special meeting on November 12, 2020. That meeting can be viewed by clicking here.