Department of Environmental Quality v. Waterous Co

Defendant Waterous Co. (Waterous) appeals as of right the judgment in favor of plaintiff Michigan Department of Environmental Quality (DEQ) entered after a bench trial. This case arises out of the DEQ’s claim for damages and injunctive relief against Waterous for alleged contamination of certain property and the adjoining Boardman River. We affirm.

I. BASIC FACTS AND PROCEDURAL HISTORY

A. FACTS

This case stems from the use of certain property located adjacent to the Boardman River in Traverse City, Michigan. Traverse City Iron Works (TCIW) used the property at issue (the Site) for a foundry…