DTE Energy (NYSE: DTE) faces Clean Air Act liability and remedies trial

Rhea-AI Filing Summary

DTE Energy Company reported an update on an ongoing environmental enforcement case involving its wholly owned subsidiary, EES Coke Battery, LLC, related to Clean Air Act permitting and sulfur dioxide emissions at a Michigan coke battery facility. Federal regulators and intervenors allege that certain permits and emissions did not meet non-attainment new source review requirements, while EES Coke maintains that its permits complied and that its emissions are compliant.

The U.S. Department of Justice, on behalf of the EPA, filed a complaint in federal court, and on August 25, 2025, the court granted the EPA’s motion for partial summary judgment on liability. DTE Energy and EES Coke intend to appeal and have requested certification for an interlocutory appeal, while a trial on remedies, including potential penalties, is scheduled to begin on September 15, 2025. DTE Energy states it cannot currently predict the outcome or financial impact of this matter.

Positive

• None.

Negative

• Court grants partial summary judgment on liability in the Clean Air Act case involving EES Coke, shifting proceedings to remedies and potential penalties with an upcoming trial date.

Insights

Environmental and regulatory risk analyst

Adverse Clean Air Act liability ruling creates uncertainty on penalties and remedies.

The update shows that EES Coke, a subsidiary of DTE Energy, is now facing an adverse court ruling on liability in a Clean Air Act case. The trial court granted the EPA’s motion for partial summary judgment on liability, meaning the focus now shifts to determining remedies rather than whether a violation occurred for the challenged permitting period.

The case has escalated over several years, from EPA Findings of Violation in 2019 and 2020, to a DOJ complaint in 2022, and now to a liability decision with a scheduled remedies trial on September 15, 2025. Intervenors, including the Sierra Club and the City of River Rouge, increase the stakeholder complexity of the proceedings. The EPA’s trial brief includes a request for penalties, but the company states that it cannot currently predict the financial impact.

DTE Energy and EES Coke intend to appeal and have requested certification for an interlocutory appeal to the Sixth Circuit, which could influence the ultimate outcome or timing. The near-term focal point is the remedies trial date in September 2025, where the court will consider penalties and other relief, while subsequent appeal activity may be detailed in future company filings.

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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

_____________________________

FORM 8-K

_____________________________

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): September 05, 2025

Commission File Number: 1-11607

DTE Energy Company

Michigan						38-3217752
(State or other jurisdiction of incorporation or organization)						(I.R.S Employer Identification No.)

Registrants address of principal executive offices: One Energy Plaza, Detroit, Michigan 48226-1221

Registrants telephone number, including area code: (313) 235-4000

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

☐ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

☐ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

☐ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

☐ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:

Title of Each Class

Trading Symbol(s)

Name of Exchange on which Registered

Common stock, without par value

DTE

New York Stock Exchange

2017 Series E 5.25% Junior Subordinated Debentures due 2077

DTW

New York Stock Exchange

2020 Series G 4.375% Junior Subordinated Debentures due 2080

DTB

New York Stock Exchange

2021 Series E 4.375% Junior Subordinated Debentures due 2081

DTG

New York Stock Exchange

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 under the Securities Act (17 CFR 230.405) or Rule 12b-2 under Exchange Act (17 CFR 240.12b-2).

Emerging growth company ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

Item 8.01. Other Events.

On September 5, 2025, DTE Energy Company issued the following update to its previous disclosure relating to an environmental matter.

In March 2019, the U.S. Environmental Protection Agency ("EPA") issued a Finding of Violation ("FOV") to EES Coke Battery, LLC ("EES Coke"), the Michigan coke battery facility that is a wholly-owned subsidiary of DTE Energy, alleging that the 2008 and 2014 permits issued by the Michigan Department of Environment, Great Lakes, and Energy ("EGLE") did not comply with the Clean Air Act. In September 2020, the EPA issued another FOV alleging EES Coke's 2018 and 2019 sulfur dioxide emissions exceeded projections and hence violated non-attainment new source review permitting requirements. EES Coke evaluated the EPA's alleged violations and believes that the permits approved by EGLE complied with the Clean Air Act. EES Coke responded to the EPA's September 2020 allegations demonstrating its actual emissions are compliant with non-attainment new source review requirements. On June 1, 2022, the U.S. Department of Justice ("DOJ"), on behalf of the EPA, filed a complaint against EES Coke in the U.S. District Court for the Eastern District of Michigan alleging that EES Coke failed to comply with non-attainment new source review requirements under the Clean Air Act when it applied for the 2014 permit. In November 2022, the Sierra Club and City of River Rouge were granted intervention. On May 20, 2024, the court granted a motion allowing the DOJ to amend their complaint to add EES Coke's parent entities, including DTE Energy, as defendants. The parent entities were added in an attempt to share in any potential liability; there are no additional claims alleged. The EPA filed a motion for partial summary judgment on liability that was granted by the trial court on August 25, 2025. EES Coke intends to appeal this determination and has requested certification for an interlocutory appeal to the Sixth Circuit Court of Appeals. Discovery is closed and a trial relating to remedies is currently scheduled to begin on September 15, 2025. The EPA's trial brief includes a request for penalties. At the present time, DTE Energy cannot predict the outcome or financial impact of this matter.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

104 Cover Page Interactive Data File (embedded within the Inline XBRL document).

Forward-Looking Statements:

This Form 8-K contains forward-looking statements that are subject to various assumptions, risks and uncertainties. It should be read in conjunction with the "Forward-Looking Statements" section in DTE Energy's 2024 Form 10-K and 2025 Form 10-Qs (which sections are incorporated by reference herein), and in conjunction with other SEC reports filed by DTE Energy that discuss important factors that could cause DTE Energy's actual results to differ materially. DTE Energy expressly disclaims any current intention to update any forward-looking statements contained in this report as a result of new information or future events or developments.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrants have duly caused this report to be signed on their behalf by the undersigned hereunto duly authorized.

Date: September 5, 2025

DTE ENERGY COMPANY

(Registrant)

/s/David Ruud

David Ruud

Executive Vice President and Chief Financial Officer

FAQ

What environmental issue did DTE (DTE) disclose in this 8-K?

DTE Energy disclosed an update on an environmental enforcement case involving its wholly owned subsidiary, EES Coke Battery, LLC, concerning Clean Air Act permitting and sulfur dioxide emissions at a Michigan coke battery facility.

What is the current status of the EPA and DOJ case against EES Coke and DTE (DTE)?

The U.S. District Court granted the EPA’s motion for partial summary judgment on liability on August 25, 2025, and a trial on remedies is scheduled to begin on September 15, 2025.

How is DTE Energy (DTE) involved in the EES Coke environmental litigation?

DTE Energy is the parent of EES Coke and, along with other parent entities, was added as a defendant in May 2024 so that parent entities could potentially share in any liability, although no additional claims were alleged against them.

What penalties or remedies are being sought in the EES Coke case involving DTE (DTE)?

The EPA’s trial brief includes a request for penalties, and the upcoming trial will address remedies, but DTE Energy states it cannot currently predict the outcome or financial impact.

Does DTE Energy (DTE) agree with the EPA’s Clean Air Act allegations?

EES Coke evaluated the EPA’s allegations and believes that the permits approved by the Michigan Department of Environment, Great Lakes, and Energy complied with the Clean Air Act, and it has responded asserting that its emissions are compliant with non-attainment new source review requirements.

Is DTE Energy (DTE) appealing the liability decision in the EES Coke case?

Yes. EES Coke intends to appeal the liability determination and has requested certification for an interlocutory appeal to the Sixth Circuit Court of Appeals.