United States v. EES LLC (2022)

BENCH_TRIAL,DQ

Cause: 42:7413(b) Clean Air Act

Jury Demand: None

Nature of Suit: 893 Environmental Matters

Jurisdiction: U.S. Government Plaintiff

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Date Filed 06/01/2022 06/01/2022 06/01/2022 06/01/2022 08/19/2022 08/19/2022 08/22/2022 08/24/2022 08/24/2022 08/25/2022 08/29/2022 08/30/2022 08/31/2022 09/01/2022 09/07/2022 09/08/2022 09/09/2022 09/12/2022 09/13/2022 09/13/2022 09/14/2022 09/14/2022 09/20/2022 09/21/2022 09/27/2022 09/27/2022 09/28/2022 09/28/2022 09/28/2022 09/28/2022 10/03/2022 10/04/2022 10/04/2022 10/04/2022 10/07/2022 10/12/2022 10/27/2022 10/27/2022 10/28/2022 10/28/2022 11/01/2022 11/09/2022 11/10/2022 11/10/2022 11/10/2022 11/22/2022 11/22/2022 11/30/2022 12/01/2022 12/21/2022 12/21/2022 01/18/2023 01/18/2023 01/20/2023 02/02/2023 02/24/2023 03/16/2023 03/16/2023 03/16/2023 03/20/2023 03/20/2023 03/20/2023 03/20/2023 04/27/2023 05/12/2023 06/14/2023 06/20/2023 06/27/2023 06/27/2023 07/05/2023 08/07/2023 08/22/2023 08/24/2023 08/31/2023 08/31/2023 08/31/2023 10/17/2023 10/31/2023 12/13/2023 12/21/2023 01/06/2024 01/08/2024 01/16/2024 01/17/2024 01/19/2024 01/23/2024 01/23/2024 01/29/2024 02/02/2024 02/02/2024 02/09/2024 02/12/2024 02/16/2024 02/16/2024 02/23/2024 02/23/2024 03/01/2024 03/01/2024 03/01/2024 04/05/2024 04/15/2024 04/19/2024 04/26/2024 05/20/2024 05/20/2024 06/03/2024 06/03/2024 06/04/2024 06/05/2024 06/14/2024 06/20/2024 06/21/2024 06/21/2024 06/24/2024 06/26/2024 06/26/2024 06/26/2024 06/26/2024 06/26/2024 06/26/2024 06/26/2024 06/26/2024 06/26/2024 06/26/2024 06/28/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/02/2024 07/12/2024 07/12/2024 07/19/2024 07/19/2024 07/19/2024 07/29/2024 08/09/2024 08/09/2024 08/15/2024 08/16/2024 08/26/2024 08/30/2024 09/03/2024 09/05/2024 09/19/2024 10/09/2024 10/18/2024 10/18/2024 10/23/2024 12/02/2024 12/09/2024 12/12/2024 12/16/2024 12/23/2024 12/23/2024 12/30/2024 01/17/2025 01/17/2025 01/17/2025 01/17/2025 01/17/2025 01/24/2025 01/24/2025 01/31/2025 01/31/2025 02/03/2025 02/05/2025 02/07/2025 02/11/2025 02/12/2025 02/13/2025 02/18/2025 02/18/2025 02/18/2025 02/18/2025 02/18/2025 02/18/2025 02/18/2025 02/18/2025 02/18/2025 02/18/2025 02/18/2025 02/18/2025 02/18/2025 02/18/2025 02/18/2025 02/18/2025 02/18/2025 02/19/2025 02/19/2025 02/19/2025 02/19/2025 02/19/2025 02/19/2025 02/26/2025 03/04/2025 03/04/2025 03/04/2025 03/04/2025 03/04/2025 03/04/2025 03/04/2025 03/04/2025 03/04/2025 03/04/2025 03/04/2025 03/07/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/11/2025 03/12/2025 03/12/2025 03/12/2025 03/12/2025 03/12/2025 03/13/2025 03/17/2025 03/19/2025 03/25/2025 03/25/2025 03/25/2025 03/25/2025 03/25/2025 03/25/2025 03/25/2025 03/25/2025 03/28/2025 03/28/2025 03/31/2025 04/01/2025 04/02/2025 04/07/2025 04/09/2025 04/15/2025 04/15/2025 04/18/2025 04/21/2025

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Docket Text COMPLAINT filed by United States against EES Coke Battery, LLC. Plaintiff requests summons issued. No Fee Required - US Government. County of 1st Plaintiff: USA - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Benson, Thomas) (Entered: 06/01/2022) SUMMONS Issued for *EES Coke Battery, LLC* (NAhm) (Entered: 06/01/2022) A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (NAhm) (Entered: 06/01/2022) (Court only) ***Set/Clear Flags (NAhm) (Entered: 06/01/2022) ANSWER to Complaint with Affirmative Defenses by EES Coke Battery, LLC. (Jaber, Makram) (Entered: 08/19/2022) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by EES Coke Battery, LLC identifying Corporate Parent DTE Energy Co. for EES Coke Battery, LLC. (Jaber, Makram) (Entered: 08/19/2022) NOTICE TO APPEAR IN PERSON:

Scheduling Conference set for 9/6/2022 at 9:30 AM before District Judge Gershwin A. Drain (TMcg) (Entered: 08/22/2022) NOTICE of Appearance by Samantha Morgan Ricci on behalf of United States. (Ricci, Samantha) (Entered: 08/24/2022) NOTICE of Appearance by Eugene Edward Mathews, III on behalf of EES Coke Battery, LLC. (Mathews, Eugene) (Entered: 08/24/2022) NOTICE of Appearance by Jocelyn M Mallette on behalf of EES Coke Battery, LLC. (Mallette, Jocelyn) (Entered: 08/25/2022) Set Deadlines/Hearings: Scheduling Conference REset for 9/27/2022 at 11:00 AM before District Judge Gershwin A. Drain (TMcg) (Entered: 08/29/2022) MOTION for Partial Summary Judgment on Liability by United States. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Declaration of Virginia Galinksy, # 3 Exhibit Ex 1-A: EES Coke Permit Application, # 4 Exhibit Ex. 1-B: Permit, # 5 Exhibit Ex. 1-C: EPA 2021 TSD, # 6 Exhibit Ex. 1-D: Presentation re Asthma in Detroit, # 7 Exhibit Ex. 1-E: Asthma Capitals Report) (Benson, Thomas) (Entered: 08/30/2022) NOTICE of Appearance by Michael P. Hindelang on behalf of EES Coke Battery, LLC. (Hindelang, Michael) (Entered: 08/31/2022) NOTICE of Appearance by S. Lee Johnson on behalf of EES Coke Battery, LLC. (Johnson, S.) (Entered: 09/01/2022) MOTION to Intervene by Sierra Club. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Proposed Complaint in Intervention, # 3 Exhibit B-Declaration of Theresa Landrum, # 4 Exhibit C-Declaration of Vicki Dobbins, # 5 Exhibit D-Declaration of Dolores Leonard) (Chizewer, Debbie) (Entered: 09/07/2022) MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Partial Summary Judgment on Liability , MOTION for Leave to File Excess Pages by EES Coke Battery, LLC. (Jaber, Makram) (Entered: 09/08/2022) MOTION to Intervene by City of River Rouge. (Attachments: # 1 Index of Exhibits, # 2 Exhibit) (Bajorek, David) (Entered: 09/09/2022) NOTICE of Appearance by Robert M. Morgan on behalf of City of River Rouge. (Morgan, Robert) (Entered: 09/12/2022) TEXT-ONLY ORDER Granting 13 MOTION for Extension of Time to File and Denying Enlargement of Page Limitation as to 9 MOTION for Partial Summary Judgment on Liability MOTION for Leave to File Excess Pages filed by EES Coke Battery, LLC., (Response due by 10/4/2022)

Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 09/13/2022) NOTICE of Appearance by Mary K Rock on behalf of Sierra Club. (Rock, Mary) (Entered: 09/13/2022) ATTORNEY APPEARANCE: David A. Bower appearing on behalf of City of River Rouge (Bower, David) (Entered: 09/14/2022) NOTICE of Appearance by Nicholas Leonard on behalf of Sierra Club. (Leonard, Nicholas) (Entered: 09/14/2022) DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Attachments: # 1 Exhibit Ex. A (Discovery Agreement), # 2 Exhibit Ex. B ( Protective Order)) (Benson, Thomas) (Entered: 09/20/2022) RESPONSE to 12 MOTION to Intervene , 14 MOTION to Intervene filed by EES Coke Battery, LLC. (Mallette, Jocelyn) (Entered: 09/21/2022) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Status Conference held on 9/27/2022 (Court Reporter: None Present, Not on the Record) (TMcg) (Entered: 09/27/2022) ORDER Regarding Scheduling/Status Conference., (Motion Hearing on 12 14 Motions to Intervene set for 11/10/2022 at 2:00 PM before District Judge Gershwin A. Drain, Scheduling Conference continued for 1/26/2023 02:00 PM before District Judge Gershwin A. Drain), Set Motion and R&R Deadlines/Hearings as to Status Conference, 9 MOTION for Partial Summary Judgment on Liability :( Motion Hearing set for 12/2/2022 at 2:00 PM before District Judge Gershwin A. Drain) Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 09/27/2022) Agreed PROTECTIVE ORDER Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 09/28/2022) STIPULATION AND ORDER Regarding Discovery Procedure re Status Conference Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 09/28/2022) REPLY to Response re 12 MOTION to Intervene filed by Sierra Club. (Rock, Mary) (Entered: 09/28/2022) REPLY to Response re 12 MOTION to Intervene , 14 MOTION to Intervene filed by United States. (Ricci, Samantha) (Entered: 09/28/2022) REPLY to Response re 14 MOTION to Intervene filed by City of River Rouge. (Bajorek, David) (Entered: 10/03/2022) NOTICE of Appearance by Darin K. Waylett on behalf of EES Coke Battery, LLC. (Waylett, Darin) (Entered: 10/04/2022) MOTION Pursuant to Federal Rule of Civil Procedure 56(d) by EES Coke Battery, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Darin K. Waylett, # 3 Exhibit 2 - Declaration of Fadi Mourad, # 4 Exhibit 3 - Declaration of David W. Fanning, # 5 Exhibit 4 - Unreported Opinions) (Mathews, Eugene) (Entered: 10/04/2022) RESPONSE to 9 MOTION for Partial Summary Judgment on Liability filed by EES Coke Battery, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of David Fanning, # 3 Exhibit 1.A - PTI Application, # 4 Exhibit 1.B - June 27 Additional Information Request, # 5 Exhibit 1.C - EPA SO2 Guidance, # 6 Exhibit 1.D - EPA AP-42, # 7 Exhibit 1.E - Table 6 data, # 8 Exhibit 2 - Declaration of Fadi Mourad, # 9 Exhibit 2.A - PTI 51-08C, # 10 Exhibit 2.B - PTI 650-88, # 11 Exhibit 2.C - Staff Activity Report, # 12 Exhibit 2.D - PTI 51-08, # 13 Exhibit 2.E - Permit Evaluation Memo, # 14 Exhibit 2.F - Brunner Letter, # 15 Exhibit 2.G - A2A analysis, # 16 Exhibit 2.H - MDEQ Agency Report, # 17 Exhibit 2.I - Marathon PTI 113-22, # 18 Exhibit 2.J - Detroit FIP, # 19 Exhibit 3 - Unreported Cases, # 20 Exhibit 4 - EPA TSD Document, # 21 Exhibit 5 - MDEQ PSD Workbook) (Jaber, Makram) (Entered: 10/04/2022) MOTION for Extension of Time to File Response/Reply as to 29 Response to Motion,,, by United States. (Ricci, Samantha) (Entered: 10/07/2022) TEXT-ONLY ORDER Granting in Part 30 MOTION for Extension of Time to File Response/Reply as to 29 Response to Motion,,, filed by United States., Set Motion and R&R Deadlines/Hearings as to 30 MOTION for Extension of Time to File Response/Reply as to 29 Response to Motion,,, :(

Response due by 10/27/2022) Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 10/12/2022) REPLY to Response re 9 MOTION for Partial Summary Judgment on Liability filed by United States. (Attachments: # 1 Exhibit Index, # 2 Exhibit Ex. 1: Second Declaration of Virginia Galinsky, # 3 Exhibit Ex. 2: Order in Wildlife Guardians) (Benson, Thomas) (Entered: 10/27/2022) RESPONSE to 28 MOTION Pursuant to Federal Rule of Civil Procedure 56(d) filed by United States. (Ricci, Samantha) (Entered: 10/27/2022) MOTION for Extension of Time to File Response/Reply as to 32 Response to Motion Pursuant to Federal Rule of Civil Procedure 56(d) by EES Coke Battery, LLC. (Mathews, Eugene) (Entered: 10/28/2022) TEXT-ONLY ORDER Granting 33 MOTION for Extension of Time to File Response/Reply as to 32 Response to Motion Pursuant to Federal Rule of Civil Procedure 56(d) filed by EES Coke Battery, LLC. Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 10/28/2022) CORRECTED NOTICE OF IN PERSON HEARING on 9 MOTION for Partial Summary Judgment on Liability.

Motion Hearing reset for 2/2/2023 02:00 PM before District Judge Gershwin A. Drain (TMcg) (Entered: 11/01/2022) NOTICE OF IN PERSON HEARING on 9 MOTION for Partial Summary Judgment on Liability. Motion Hearing set for 12/2/2022 at 2:00 PM before District Judge Gershwin A. Drain (TMcg) (Entered: 11/09/2022) TEXT-ONLY NOTICE: Motion Hearing on 11/10/2022 is Cancelled re 21 Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines/Hearings, (TMcg) (Entered: 11/10/2022) Notice of Determination of Motion Without Oral Argument re 12 MOTION to Intervene (TMcg) (Entered: 11/10/2022) REPLY to Response re 28 MOTION Pursuant to Federal Rule of Civil Procedure 56(d) filed by EES Coke Battery, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - EES Coke RPDs, # 3 Exhibit 2 - US Steel Subpoena, # 4 Exhibit 3 - EGLE Subpoena, # 5 Exhibit 4 - EPA RPDs, # 6 Exhibit 5 - Unreported Cases) (Mathews, Eugene) (Entered: 11/10/2022) ORDER Granting 12 , 14 Motions to Intervene With Restrictions. Signed by District Judge Gershwin A. Drain. (KWin) (Entered: 11/22/2022) NOTICE OF IN PERSON HEARING on 28 MOTION Pursuant to Federal Rule of Civil Procedure 56(d), and 9 MOTION for Partial Summary Judgment on Liability.

Motion Hearings set for 2/2/2023 at 2:00 PM before District Judge Gershwin A. Drain. (KWin) (Entered: 11/22/2022) INTERVENOR COMPLAINT filed by Sierra Club against EES Coke Battery, LLC. (Chizewer, Debbie) (Entered: 11/30/2022) INTERVENOR COMPLAINT filed by City of River Rouge against All Defendants. (Bajorek, David) (Entered: 12/01/2022) ANSWER to Intervenor Complaint with Affirmative Defenses by EES Coke Battery, LLC. (Jaber, Makram) (Entered: 12/21/2022) ANSWER to Intervenor Complaint with Affirmative Defenses by EES Coke Battery, LLC. (Jaber, Makram) (Entered: 12/21/2022) TEXT-ONLY NOTICE: Scheduling Conference Hearing on 1/26/2023 is Cancelled re 21 Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines/ Hearings, (TMcg) (Entered: 01/18/2023) NOTICE by EES Coke Battery, LLC re 29 Response to Motion,,, to Supplement the Record (Attachments: # 1 Exhibit 1 - USDOE Report, # 2 Exhibit 2 - USDOE Report, # 3 Exhibit 3 & 4 - 2018-2019 Emissions Reports, # 4 Exhibit 5 - Schematic Drawings, # 5 Exhibit 6 - EGLE Pending PTI Applications) (Waylett, Darin) (Entered: 01/18/2023) DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Waylett, Darin) (Entered: 01/20/2023) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Motion Hearing held on 2/2/2023 re 9 MOTION for Partial Summary Judgment on Liability filed by United States, 28 MOTION Pursuant to Federal Rule of Civil Procedure 56(d) filed by EES Coke Battery, LLC Disposition: Motions taken under advisement (Court Reporter: Merilyn Jones) (TMcg) (Entered: 02/03/2023) TRANSCRIPT of Motions held on 2/02/2023. (Court Reporter: Merilyn J. Jones) (Number of Pages: 49) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 3/17/2023. Redacted Transcript Deadline set for 3/27/2023. Release of Transcript Restriction set for 5/25/2023. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jones, M) (Entered: 02/24/2023) NOTICE of Withdrawal of Attorney Darin K. Waylett for on behalf of EES Coke Battery, LLC. (Waylett, Darin) (Entered: 03/16/2023) NOTICE of Withdrawal of Attorney Jocelyn M Mallette for on behalf of EES Coke Battery, LLC. (Mallette, Jocelyn) (Entered: 03/16/2023) NOTICE of Appearance by Christopher E. Trible on behalf of EES Coke Battery, LLC. (Trible, Christopher) (Entered: 03/16/2023) ORDER of Attorney Withdrawal. Signed by District Judge Gershwin A. Drain. (SKra) (Entered: 03/20/2023) (Court only) *** Attorney Darin K. Waylett for EES Coke Battery, LLC added. Attorney Darin K. Waylett terminated. (SKra) (Entered: 03/20/2023) ORDER of Attorney Withdrawal. Signed by District Judge Gershwin A. Drain. (SKra) (Entered: 03/20/2023) (Court only) *** Attorney Jocelyn M Mallette for EES Coke Battery, LLC added. Attorney Jocelyn M Mallette terminated. (SKra) (Entered: 03/20/2023) NOTICE of Appearance by Molly K. McGinley on behalf of EES Coke Battery, LLC. (McGinley, Molly) (Entered: 04/27/2023) DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (McGinley, Molly) (Entered: 05/12/2023) MOTION to Bifurcate by EES Coke Battery, LLC.

(Attachments: # 1 Index of Exhibits, # 2 Exhibit A - United States v. East Kentucky Power Coop., No. 04-34 (E.D. Ky.), ECF No. 15, Joint Motion for Modification of Scheduling Order, dated Feb. 8, 2005, # 3 Exhibit B - Nat'l Parks Conservation Ass'n, Inc. v. Tennessee Valley Auth., No. 01-071 (E.D. Tenn.), ECF No. 89, Bifurcation Order dated Dec. 13, 2004, # 4 Exhibit C - U.S. v. Luminant Generation Co., LLC et al., No. 3:13-cv-03236-K (N.D. Tex.), ECF No. 57, Dec. 12, 2014 Joint Report Regarding Contents of Scheduling Order, # 5 Exhibit D - United States v. Corning Glass Works, No. 3:CV-90-0207, 1991 WL 329759 (M.D. Pa. Sept. 16, 1991), # 6 Exhibit E - United States Answers to EES Cokes Requests for Admission, # 7 Exhibit F - United States v. Hamilton, No. 10-CV-231-ABJ, 2013 WL 819243 (D. Wyo. Mar. 5, 2013), # 8 Exhibit G - EES Cokes Amended Proposed Schedule Through Trial On Liability, # 9 Exhibit H - United States v. Illinois Power Co., No. 99-833-MJR (S.D. Ill.)) (McGinley, Molly) (Entered: 06/14/2023) ATTORNEY APPEARANCE: Khalilah V. Spencer appearing on behalf of EES Coke Battery, LLC (Spencer, Khalilah) (Entered: 06/20/2023) RESPONSE to 54 MOTION to Bifurcate United States' Opposition to EES Coke's Motion for Bifurcation of Proceedings filed by United States. (Attachments: # 1 Exhibit Attachment A - Public Citizen v. American Electric Power, No. 5:05cv39 (E.D. Tex. Sept. 27, 2005)) (Ricci, Samantha) (Entered: 06/27/2023) RESPONSE to 54 MOTION to Bifurcate Sierra Club's Response in Opposition to EES Coke's Motion for Bifurcation filed by Sierra Club. (Attachments: # 1 Exhibit Attachment A-Percy v. Charter Twp. of Canton, No. CV 19-11727, 2023 WL 112455 (E.D. Mich. Jan. 5, 2023)) (Rock, Mary) (Entered: 06/27/2023) REPLY to Response re 54 MOTION to Bifurcate Proceedings filed by EES Coke Battery, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D) (McGinley, Molly) (Entered: 07/05/2023) NOTICE OF IN PERSON HEARING on 54 MOTION to Bifurcate .

Motion Hearing set for 8/31/2023 at 3:00 PM before District Judge Gershwin A. Drain (TMcg) (Entered: 08/07/2023) ORDER Denying Without Prejudice Plaintiff's 9 MOTION for Partial Summary Judgment on Liability and Granting Defendants' 28 MOTION Pursuant to Federal Rule of Civil Procedure 56(d) Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 08/22/2023) OPINION and ORDER Denying Defendant's 54 Motion for Bifurcation. (Scheduling Conference set for 8/31/2023 at 3:00 PM before District Judge Gershwin A. Drain.) Signed by District Judge Gershwin A. Drain. (KWin) (Entered: 08/24/2023) DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (McGinley, Molly) (Entered: 08/31/2023) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Status Conference held on 8/31/2023 (Court Reporter: Merilyn Jones) (TMcg) (Entered: 08/31/2023) SCHEDULING ORDER:

Discovery due by 10/21/2024 Dispositive Motion Cut-off set for 11/19/2024 Final Pretrial Conference set for 3/25/2025 at 2:00 PM before District Judge Gershwin A. Drain Bench Trial set for 4/8/2025 at 9:00 AM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (TMcg) (Entered: 08/31/2023) NOTICE of Appearance by John Petoskey on behalf of Sierra Club. (Petoskey, John) (Entered: 10/17/2023) NOTICE of Appearance by Sasha Alvarenga on behalf of United States. (Alvarenga, Sasha) (Entered: 10/31/2023) STIPULATION for Withdrawal and Substitution of Counsel by City of River Rouge (Greco, David) (Entered: 12/13/2023) ORDER for substitution of counsel. Signed by District Judge Gershwin A. Drain. (DPer) (Entered: 12/26/2023) NOTICE of Appearance by Thomas Benson on behalf of United States. (Benson, Thomas) (Entered: 01/06/2024) NOTICE of Appearance by David F. Greco on behalf of City of River Rouge. (Greco, David) (Entered: 01/08/2024) NOTICE of Appearance by Anna C. Transit on behalf of EES Coke Battery, LLC. (Transit, Anna) (Entered: 01/16/2024) NOTICE of Appearance by Morgan Esters on behalf of EES Coke Battery, LLC. (Esters, Morgan) (Entered: 01/17/2024) NOTICE of Appearance by Elizabeth L. Loeb on behalf of United States. (Loeb, Elizabeth) (Entered: 01/19/2024) *SEALED* (*1/23/2024 STRUCK) STIPULATION re 63 Scheduling Order, To Extend Discovery Deadlines by EES Coke Battery, LLC (McGinley, Molly) Modified on 1/23/2024 (LBar). (Entered: 01/23/2024) TEXT-ONLY ORDER to Strike 73 Stipulation (*STIPULATIONS NOT PERMITTED. PROPOSED STIPULATIONS AND ORDERS MUST BE SUBMITTED THROUGH UTILITIES AS ONE DOCUMENT FOR REVIEW AND APPROVAL) - Signed by District Judge Gershwin A. Drain. (LBar) (Entered: 01/23/2024) SCHEDULING ORDER:

Discovery due by 10/28/2024 Signed by District Judge Gershwin A. Drain. (*NO FURTHER ADJOURNMENTS WILL BE GRANTED) (Refer to image for additional dates) (LBar) (Entered: 01/29/2024) MOTION for Protective Order and Memorandum in Support of Motion by EES Coke Battery, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E) (McGinley, Molly) (Entered: 02/02/2024) ORDER REFERRING MOTION to Magistrate Judge Curtis Ivy, Jr: 75 MOTION for Protective Order - Signed by District Judge Gershwin A. Drain. (LBar) (Entered: 02/02/2024) MOTION for Leave to File Amended Complaint by United States. (Attachments: # 1 List of Attachments and Exhibits, # 2 Att. 1 (Proposed Amended Complaint), # 3 Att. 2 (Chart of Key Employees), # 4 Ex. 1 (DTE 10-k), # 5 Ex. 2 (Fanning Dep.), # 6 Ex. 3 (Jere Dep.), # 7 Ex. 4 (Shafer Dep.), # 8 Ex. 5 (Johnson Letter), # 9 Ex. 6 (Harden Dep.), # 10 Ex. 7 (Zervas Dep.)) (Benson, Thomas) (Entered: 02/09/2024) Notice of Determination of Motion Without Oral Argument re 77 MOTION for Leave to File Amended Complaint (LBar) (Entered: 02/12/2024) RESPONSE to 75 MOTION for Protective Order and Memorandum in Support of Motion filed by United States. (Attachments: # 1 Index of Exhibits, # 2 Ex. 1, # 3 Ex. 2, # 4 Ex. 3) (Benson, Thomas) (Entered: 02/16/2024) SEALED EXHIBIT Notice re 79 Response to Motion by United States. (Attachments: # 1 Ex. 4 to United States Protective Order Opposition) (Benson, Thomas) (Entered: 02/16/2024) RESPONSE to 77 MOTION for Leave to File Amended Complaint filed by EES Coke Battery, LLC. (Attachments: # 1 Exhibit A (Proposed Amended Complaint), # 2 Exhibit B (Notice of Violation), # 3 Exhibit C (Dep. Tr. R. Burnette - Rule 30(b)(6)), # 4 Exhibit D (Dep. Tr. R. Burnette - Rule 30(b)(1)), # 5 Exhibit E (Dep Tr. F. Mourad), # 6 Exhibit F (Decl. F. Mourad), # 7 Exhibit G (Dep. Tr. D. Fanning), # 8 Exhibit H (Decl. D. Fanning)) (McGinley, Molly) (Entered: 02/23/2024) REPLY to Response re 75 MOTION for Protective Order and Memorandum in Support of Motion filed by EES Coke Battery, LLC. (Attachments: # 1 Exhibit A (Dep. Tr. F. Mourad)) (McGinley, Molly) (Entered: 02/23/2024) REPLY to Response re 77 MOTION for Leave to File Amended Complaint filed by Sierra Club. (Petoskey, John) (Entered: 03/01/2024)

REPLY to Response re 77 MOTION for Leave to File Amended Complaint filed by United States. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2) (Benson, Thomas) (Entered: 03/01/2024) NOTICE by United States re 80 Sealed Exhibit, 79 Response to Motion Notice of Filing Redacted Copy of Exhibit in Support of ECF No. 79 (Attachments: # 1 Exhibit Exhibit 4 (Redacted)) (Benson, Thomas) (Entered: 03/01/2024) MOTION to Compel by United States. (Attachments: # 1 Index of Exhibits, # 2 Ex. 1 (EES Coke Responses: Third Interrogatories), # 3 Ex. 2 (US Letter), # 4 Ex. 3 (EES Coke Letter), # 5 Ex. 4 (EES Coke Email), # 6 Ex. 5 (EES Coke Responses: Second Interrogatories), # 7 Ex. 6 (EES Coke Responses: First Interrogatories)) (Benson, Thomas) (Entered: 04/05/2024) ORDER REFERRING MOTION to Magistrate Judge Curtis Ivy, Jr: 86 MOTION to Compel filed by United States. Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 04/15/2024) RESPONSE to 86 MOTION to Compel filed by EES Coke Battery, LLC. (Attachments: # 1 Exhibit A (ECF 18 - Powerhouse Case)) (McGinley, Molly) (Entered: 04/19/2024) REPLY to Response re 86 MOTION to Compel filed by United States. (Alvarenga, Sasha) (Entered: 04/26/2024) OPINION and ORDER Granting Plaintiff's 77 MOTION for Leave to File Amended Complaint Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 05/20/2024) AMENDED COMPLAINT filed by United States against All Defendants. NEW PARTIES ADDED. (Benson, Thomas) (Entered: 05/20/2024) [STRICKEN - Contains fillable fields] WAIVER OF SERVICE Returned Executed. DTE Energy Co. waiver sent on 5/20/2024, answer due 7/19/2024; DTE Energy Resources waiver sent on 5/20/2024, answer due 7/19/2024; DTE Energy Services, Inc. waiver sent on 5/20/2024, answer due 7/19/2024. (Attachments: # 1 Waiver for DTE Energy, # 2 Waiver for DTE Energy Resources, # 3 Waiver for DTE Energy Services) (Benson, Thomas) Modified on 6/3/2024 (MCho). (Entered: 06/03/2024) NOTICE of Error directed to: Thomas Benson re 92 Waiver of Service Executed (60 Day),. Document is not flattened and contains fillable fields. Document was stricken and must be refiled correctly. [No Image Associated with this docket entry] (MCho) (Entered: 06/03/2024) WAIVER OF SERVICE Returned Executed. (Attachments: # 1 Waiver for DTE Energy, # 2 Waiver for DTE Energy Resources, # 3 Waiver for DTE Energy Services) (Benson, Thomas) (Entered: 06/04/2024) JOINT STIPULATION AND ORDER Setting EES Coke's Deadline to Respond to Plaintiff's Amended Complaint. (Response due by July 19, 2024) Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 06/05/2024) NOTICE by All Defendants of withdrawal of 75 MOTION for Protective Order and Memorandum in Support of Motion . (McGinley, Molly) (Entered: 06/14/2024) JOINT STIPULATION AND ORDER Regarding Extension of Time due to Amended Complaint. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 06/20/2024) JOINT STIPULATION AND ORDER Providing for Plaintiff-Intervenors to File Amended Complaints. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 06/21/2024) AMENDED COMPLAINT

IN INTERVENTION filed by Sierra Club against All Defendants. NO NEW PARTIES ADDED. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Theresa Landrum, # 3 Exhibit B - Declaration of Vicki Dobbins, # 4 Exhibit C - Declaration of Dolores Leonard) (Rock, Mary) (Entered: 06/21/2024) AMENDED COMPLAINT filed by City of River Rouge against All Defendants. NO NEW PARTIES ADDED. (Greco, David) (Entered: 06/24/2024) NOTICE of Appearance by Molly K. McGinley on behalf of DTE Energy Co., DTE Energy Resources, LLC, DTE Energy Services, Inc.. (McGinley, Molly) (Entered: 06/26/2024) NOTICE of Appearance by Kory Mark Steen on behalf of DTE Energy Co., DTE Energy Resources, LLC, DTE Energy Services, Inc., EES Coke Battery, LLC. (Steen, Kory) (Entered: 06/26/2024) NOTICE of Appearance by Michael P. Hindelang on behalf of DTE Energy Co., DTE Energy Resources, LLC, DTE Energy Services, Inc.. (Hindelang, Michael) (Entered: 06/26/2024) NOTICE of Appearance by S. Lee Johnson on behalf of DTE Energy Co., DTE Energy Resources, LLC, DTE Energy Services, Inc.. (Johnson, S.) (Entered: 06/26/2024) NOTICE of Appearance by Anna C. Transit on behalf of DTE Energy Co., DTE Energy Resources, LLC, DTE Energy Services, Inc.. (Transit, Anna) (Entered: 06/26/2024) NOTICE of Appearance by Khalilah V. Spencer on behalf of DTE Energy Co., DTE Energy Resources, LLC, DTE Energy Services, Inc.. (Spencer, Khalilah) (Entered: 06/26/2024) MOTION for Extension of Time in Scheduling Order by DTE Energy Co., DTE Energy Resources, LLC, DTE Energy Services, Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B) (McGinley, Molly) (Entered: 06/26/2024) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by DTE Energy Co. (McGinley, Molly) (Entered: 06/26/2024) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by DTE Energy Resources, LLC (McGinley, Molly) (Entered: 06/26/2024) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by DTE Energy Services, Inc. (McGinley, Molly) (Entered: 06/26/2024) WAIVER OF SERVICE Returned Executed. (Attachments: # 1 Waiver by DTE Energy Co., # 2 Waiver by DTE Energy Resources, LLC, # 3 Waiver by DTE Energy Services, Inc.) (Rock, Mary) (Entered: 06/28/2024) WAIVER OF SERVICE Returned Executed. DTE Energy Co. waiver sent on 6/24/2024, answer due 8/23/2024; DTE Energy Resources, LLC waiver sent on 6/24/2024, answer due 8/23/2024; DTE Energy Services, Inc. waiver sent on 6/24/2024, answer due 8/23/2024. (Attachments: # 1 Document Continuation, # 2 Document Continuation, # 3 Document Continuation) (Greco, David) (Entered: 07/01/2024) ORDER denying without prejudice 86 Motion to Compel. Signed by Magistrate Judge Curtis Ivy, Jr. (SKra) (Entered: 07/01/2024) ORDER Regarding Scheduling Order.

(Discovery due by 10/7/2024, Dispositive Motion Cut-off reset for 2/18/2025, Final Pretrial Conference reset for 6/23/2025 at 02:00 PM, Bench Trial reset for 7/7/2025 at 09:00 AM before District Judge Gershwin A. Drain). Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 07/01/2024) (Court only) ***Motions terminated: 106 MOTION for Extension of Time in Scheduling Order filed by DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc. SEE Order dated July 1, 2024 - ECF No.113. (MarW) (Entered: 07/01/2024) JOINT STIPULATION AND ORDER Setting Defendants' Deadline to Respond to Plaintiff-Intervenor's Amended Complaints. (Answers due July 19, 2024) Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 07/02/2024) NOTICE by United States of Schedule Discrepancy (Attachments: # 1 Exhibit 1) (Ricci, Samantha) (Entered: 07/12/2024) NOTICE by All Defendants re 115 Notice (Other) (Steen, Kory) (Entered: 07/12/2024) ANSWER to Amended Complaint with Affirmative Defenses by All Defendants. (Farmer, Jalen) (Entered: 07/19/2024) ANSWER to Amended Complaint with Affirmative Defenses by All Defendants. (McGinley, Molly) Modified on 7/22/2024 (MSyl). [Answer to Intervenor- Plaintiff, Sierra Club, Amended Complaint] (Entered: 07/19/2024) ANSWER to Amended Complaint with Affirmative Defenses by All Defendants. (McGinley, Molly) Modified on 7/22/2024 (MSyl). [[Answer to Intervenor- Plaintiff, River Rouge, City of, Amended Complaint] (Entered: 07/19/2024) MOTION to Strike Testimony of Plaintiff's Experts Benson and Sahu by All Defendants. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit A - Johnson Affidavit, # 3 Exhibit B - 10/19/23 Email from K. Spencer, # 4 Exhibit C - 10/19/23 Clawback Letter, # 5 Exhibit D - Excerpt of Lewis Benson Expert Report, # 6 Exhibit E - Excerpt of Ranajit Sahu Expert Report, # 7 Exhibit F - 4/29/24 Correspondence) (McGinley, Molly) (Entered: 07/29/2024) RESPONSE to 120 MOTION to Strike Testimony of Plaintiff's Experts Benson and Sahu filed by United States. (Attachments: # 1 Index of Exhibits, # 2 Ex. 1 (Email Chain Beginning June 27, 2024), # 3 Ex.6 (Email Chain Beginning July 31, 2024), # 4 Ex. 9 (EES Coke Response to Document Requests), # 5 Ex. 10 (EES Coke Rule 30(b)(6) Notice), # 6 Ex. 11 (Galinsky Dep. Excerpt)) (Benson, Thomas) (Entered: 08/09/2024) SEALED EXHIBIT Notice re 121 Response to Motion, by United States. (Attachments: # 1 Ex. 2 (Benson Declaration), # 2 Ex. 3 (DMT Study), # 3 Ex. 4 (Benson Expert Report), # 4 Ex. 5 (Hayden Letter), # 5 Ex. 7 (Sahu Expert Report), # 6 Ex. 8 (Sahu Declaration), # 7 Ex. 12 (Shafer Dep. Excerpt)) (Benson, Thomas) (Entered: 08/09/2024) ORDER REFERRING MOTION to Magistrate Judge Curtis Ivy, Jr: 120 MOTION to Strike Testimony of Plaintiff's Experts Benson and Sahu filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 08/15/2024) REPLY to Response re 120 MOTION to Strike Testimony of Plaintiff's Experts Benson and Sahu filed by EES Coke Battery, LLC. (McGinley, Molly) (Entered: 08/16/2024) MOTION Leave to Take Three Additional Depositions by United States. (Attachments: # 1 Index of Exhibits, # 2 Ex. 1 (Depo. Notice), # 3 Ex. 2 (Defendants' Letter), # 4 Ex. 3 (U.S. Letter), # 5 Ex. 4 (EES Coke Initial Disclosures), # 6 Ex. 5 (EES Coke Interrogatory Responses), # 7 Ex. 6 (Corporate Officers for DTE Energy Resources and DTE Energy Services), # 8 Ex. 7 (DTE Corporate Bio for David Ruud)) (Benson, Thomas) (Entered: 08/26/2024) RESPONSE to 125 MOTION Leave to Take Three Additional Depositions filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - 8/23/24 Email from T. Benson, # 3 Exhibit B - 8/16/24 Email from S. RIcci, # 4 Exhibit C - Excerpt of Second Set of RFPs, # 5 Exhibit D - New Defendants' Initial Disclosures, # 6 Exhibit E - EES Coke's Initial Disclosures) (Hindelang, Michael) (Entered: 08/30/2024) ORDER REFERRING MOTION to Magistrate Judge Curtis Ivy, Jr: 125 MOTION Leave to Take Three Additional Depositions filed by United States. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 09/03/2024) REPLY to Response re 125 MOTION Leave to Take Three Additional Depositions filed by United States. (Attachments: # 1 Ex. 1 (T. Benson Letter)) (Benson, Thomas)

(Entered: 09/05/2024) NOTICE of Appearance by Thomas Cmar on behalf of Sierra Club. (Cmar, Thomas) (Entered: 09/19/2024) ORDER Granting in Part Motion for Leave to Depose Three Additional Witnesses (ECF No. 125 ). Signed by Magistrate Judge Curtis Ivy, Jr. (SKra) (Entered: 10/09/2024) NOTICE by United States re 120 MOTION to Strike Testimony of Plaintiff's Experts Benson and Sahu Notice of Supplemental Information (Attachments: # 1 Ex. 1 (EES Coke Clawback), # 2 Ex. 3 (Counsel Email)) (Benson, Thomas) (Entered: 10/18/2024) SEALED EXHIBIT re 131 Notice (Other), by United States. (Attachments: # 1 Ex. 2 (Saini Expert Report)) (Benson, Thomas) (Entered: 10/18/2024) NOTICE by All Defendants Response to United States' Notice of Supplemental Information Regarding EES Coke's Motion to Strike Experts (McGinley, Molly) (Entered: 10/23/2024) ORDER granting in part Motion to Strike Experts (ECF No. 120 ). Signed by Magistrate Judge Curtis Ivy, Jr. (SKra) (Entered: 12/02/2024) MOTION TO EXTEND TIMING OF BRIEFING (Unopposed) by United States. (Alvarenga, Sasha) (Entered: 12/09/2024) ORDER Granting 135 Unopposed Motion to Adjust Timing of Briefing. Objections to be filed by 12/23/2024. Defendants shall file a response by 1/17/2025. Government shall file a reply by 1/24/2025. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 12/12/2024) OBJECTION to 134 Order on Motion to Strike by All Defendants. (Attachments: # 1 Exhibit Exhibit 1 Irwin Seating Co v International Business Machines Corp., # 2 Exhibit Exhibit 2 In re Student Finance Corp., # 3 Exhibit Exhibit 3 Tanger Grand Rapids LLC v Nederveld Inc.) (McGinley, Molly) (Entered: 12/16/2024) MOTION for Extension of Time to File Response/Reply as to 137 Objection, (Unopposed Motion) by United States. (Benson, Thomas) (Entered: 12/23/2024) APPEAL OF MAGISTRATE JUDGE DECISION by United States re 134 Order on Motion to Strike. (Benson, Thomas) (Entered: 12/23/2024) ORDER granting 138 Motion for extension of time to respond to defendants' objections to Magistrate Judge Ivy's order granting in part motion to strike experts.

Response to objections due by 1/17/2025. Defendants' reply due by 1/24/2025.. Signed by District Judge Gershwin A. Drain. (DPer) (Entered: 12/30/2024) RESPONSE to Plaintiff's Objections to Magistrate Judge Ivy's December 2, 2024 Order Granting in Part Defendants' Motion to Strike Experts by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Irwin Seating Co. v. Int'l Bus. Machines Corp., No. 1:04-CV-568, 2007 WL 518866 (W.D. Mich. Feb. 15, 2007), # 3 Exhibit 2 - Harp v. Hallett, No. 19-CV-13789, 2024 WL 1533645 (E.D. Mich. Apr. 9, 2024), # 4 Exhibit 3 - In re Student Fin. Corp., No. CIV.A04-1551JJF, 2007 WL 4643881 (D. Del. May 25, 2007), # 5 Exhibit 4 - The Goodyear Tire & Rubber Co. v. ConAgra Foods, Inc., No. 2:20-CV-6347, 2022 WL 22401182 (S.D. Ohio Mar. 18, 2022), # 6 Exhibit 5 - Alpex Computer Corp. v. Nintendo Co., No. 86 CIV. 1749 (KMW), 1994 WL 139423 (S.D.N.Y. Mar. 18, 1994), # 7 Exhibit 6 - Sessie v. Cincinnati Ins. Co., No. 17-12880, 2019 WL 13202180 (E.D. Mich. Sept. 17, 2019), # 8 Exhibit 7 - Tanger Grand Rapids, LLC v. Nederveld, Inc., No. 1:18-CV-1125, 2021 WL 5861532 (W.D. Mich. Aug. 4, 2021) (McGinley, Molly) (Entered: 01/17/2025) RESPONSE to Defendants' Objections to Magistrate Judge Ivy's December 2, 2024 134 Order Granting in Part Defendants' Motion to Strike Experts filed by United States. (Attachments: # 1 Index of Exhibits, # 2 Ex. 1 (Dec. 2024 Counsel Email Chain), # 3 Ex. 2 (Jan. 2025 Counsel Email Chain)) (Benson, Thomas) (Entered: 01/17/2025) MOTION to Seal by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 4 - Excerpts of Corporate Representative Deposition of Virginia Galinsky dated March 6, 2024 - Under Seal, # 3 Exhibit 6 - Second Expert Disclosure of Virginia Galinsky - Under Seal, # 4 Exhibit 7 - Third Expert Disclosure of Virginia Galinsky - Under Seal) (McGinley, Molly) (Entered: 01/17/2025) SEALED EXHIBIT to Defendants' Unopposed Motion for Leave to File Documents Under Seal by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 4 - SEALED, # 3 Exhibit 6 - SEALED, # 4 Exhibit 7 - SEALED) (McGinley, Molly) (Entered: 01/17/2025) MOTION to Limit the Expert Testimony of Virginia Galinsky and to Compel her Deposition by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Notice of Deposition of V. Galinsky, # 3 Exhibit 2 - Excerpts of Deposition of Virginia Galinsky dated January 17, 2024, # 4 Exhibit 3 - Notice of 30(b)(6) Deposition, # 5 Exhibit 4 - Excerpts of Corporate Representative Deposition of Virginia Galinsky dated March 6, 2024 (Under Seal), # 6 Exhibit 5 - First Expert Disclosure of Virginia Galinsky, # 7 Exhibit 6 - Second Expert Disclosure of Virginia Galinsky (Under Seal), # 8 Exhibit 7 - Third Expert Disclosure of Virginia Galinsky (Under Seal), # 9 Exhibit 8 - December 26, 2024 Emails, # 10 Exhibit 9 - Call v. City of Riverside, No. 3:13-CV-133, 2014 WL 2048194 (S.D. Ohio May 19, 2014), # 11 Exhibit 10 - In re USGen New England, Inc., No. 03-30465, 2007 WL 2363353 (Bankr. D. Md. Aug. 16, 2007), # 12 Exhibit 11 - Reliable Transportation Specialists, Inc. v. Wausau Underwriters Ins. Co., No. 15-12954, 2019 WL 1559462 (E.D. Mich. Apr. 10, 2019), # 13 Exhibit 12 - Galinsky Declaration in Support of Motion for Summary Judgment dated August 30, 2022, # 14 Exhibit 13 - Ulbrick v. UPR Prods., Inc., No. CIV. 08-13764, 2011 WL 500034 (E.D. Mich. Feb. 8, 2011), # 15 Exhibit 14 - Defendants Rule 26(a) (2)(C) Disclosures, # 16 Exhibit 15 - Smith v. Smith, No. 19-10330, 2020 WL 1933820 (E.D. Mich. Apr. 22, 2020)) (McGinley, Molly) (Entered: 01/17/2025) REPLY to Response US Reply in Support of Objection to Magistrate Judge's Order on Motion to Strike (ECF No. 134) filed by United States. (Benson, Thomas) (Entered: 01/24/2025) REPLY to 142 Response to Petition/Request/Application, Reply in Support of Objections to Magistrate Judge Ivy's December 2, 2024 Order Granting in Part Defendants' Motion to Strike Experts by All Defendants.

(Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 1 - United States v. Bush, No. 21- CR-20272, 2023 WL 3059146 (E.D. Mich. Apr. 24, 2023), # 3 Exhibit 2 - Johnson v. Athens Cnty. Bd. of Elections, No. 2:09-CV-0364, 2009 WL 1604791 (S.D. Ohio June 5, 2009), # 4 Exhibit 3 - Rodgers v. Fenton Area Pub. Sch., No. 23-13110, 2024 WL 4729465 (E.D. Mich. Nov. 8, 2024), # 5 Exhibit 4 - Saunders v. Home Depot, Inc., No. 2:23-CV-12976-TGB-CI, 2024 WL 4312206 (E.D. Mich. Sept. 26, 2024)) (McGinley, Molly) (Entered: 01/24/2025) RESPONSE to 145 MOTION to Limit the Expert Testimony of Virginia Galinsky and to Compel her Deposition filed by United States. (Attachments: # 1 Index of Exhibits, # 2 Ex. 1 (Dec. 8 Email Chain), # 3 Ex. 2 (Jan. 6 Email Chain), # 4 Ex. 3 (Jan. 17 Email Chain), # 5 Ex. 5 (U.S. Discovery Responses), # 6 Ex. 6 (Defendants' Rule 26(a)(2)(C) Disclosures), # 7 Ex. 9 (Marko Dep. Excerpts)) (Benson, Thomas) (Entered: 01/31/2025) SEALED EXHIBIT re 148 Response to Motion, by United States. (Attachments: # 1 Ex. 4 (van der Poel Report excerpts), # 2 Ex. 7 (Saini Report excerpts), # 3 Ex. 8 (Campbell Report)) (Benson, Thomas) (Entered: 01/31/2025) ORDER REFERRING MOTION to Magistrate Judge Curtis Ivy, Jr: 145 MOTION to Limit the Expert Testimony of Virginia Galinsky and to Compel her Deposition filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc., 143 MOTION to Seal filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 02/03/2025) MOTION to Produce Non-Privileged Document by United States. (Attachments: # 1 Index of Exhibits, # 2 Ex. 1 (Sahu Aug. 2024 Dec.), # 3 Ex. 2 (Jan. 6, 2025 Email and Letter), # 4 Ex. 3 (Jan. 22, 2025 Email Chain and Privilege Log)) (Benson, Thomas) (Entered: 02/05/2025) RESPONSE to 145 MOTION to Limit the Expert Testimony of Virginia Galinsky and to Compel her Deposition and Certificate of Service filed by All Defendants. (McGinley, Molly) (Entered: 02/07/2025) MOTION for Leave to File Second Summary Judgment Motion (Unopposed) by United States. (Benson, Thomas) (Entered: 02/11/2025) ORDER REFERRING MOTION to Magistrate Judge Curtis Ivy, Jr: 151 MOTION to Produce Non-Privileged Document filed by United States. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 02/12/2025) ORDER Granting 153 the Government's Motion for Leave to File Second Motion for Summary Judgment. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 02/13/2025) MOTION to Partially Exclude the Expert Testimony of Virginia Galinsky Under Federal Rule of Evidence 702 by All Defendants. (Hindelang, Michael) (Entered: 02/18/2025) MOTION to Exclude the Testimony of Deborah Gentile by All Defendants. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit 1 - Expert Report of Deborah Gentile, # 3 Exhibit 2 - Deborah Gentile Rebuttal Report, # 4 Exhibit 3 -

05.08.24 Email to M. Rock, # 5 Exhibit 4 - Gentile Deposition Transcript Excerpts) (Hindelang, Michael) (Entered: 02/18/2025) MOTION to Exclude Opinions of Defendants' Witness Dr. Kathryn Kelly by Sierra Club. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Gentile Report, # 3 Exhibit 2 - Kelly Report, # 4 Exhibit 3 - Gentile Rebuttal, # 5 Exhibit 4 - Kelly Deposition, # 6 Exhibit 5 - Mich. EGLE, Sulfur Dioxide Emissions from Large Sources in Michigan, # 7 Exhibit 6 - Chinkin Report, # 8 Exhibit 7 - In re Flint Water Cases, # 9 Exhibit 8 - EPA ISA for Particulate Matter, # 10 Exhibit 9 - EPA ISA for Sulfur Oxides) (Rock, Mary) (Entered: 02/18/2025) MOTION for Partial Summary Judgment on Liability of Defendant EES Coke by United States. (Attachments: # 1 Index of Exhibits, # 2 Ex. 1 (Chinkin Expert Rep.), # 3 Ex,. 2 (Schwartz Expert Rep.), # 4 Ex. 3 (RFA Responses), # 5 Ex. 4 (2014 R. Burnette Letter), # 6 Ex. 6 (Fanning Dep.), # 7 Ex. 8 (Mourad Dep.), # 8 Ex. 9 (Campbell Expert Rep.), # 9 Ex. 10 (Galinsky Expert Disclosure), # 10 Ex. 11 (Michigan PSD Workbook), # 11 Ex. 13 (Interrogatory Responses, Third Set), # 12 Ex. 14 (Interrogatory Responses, First Set)) (Benson, Thomas) (Entered: 02/18/2025) MOTION Exclude the Expert Testimony of Eric Marko by United States. (Attachments: # 1 Exhibit Ex. 1 (Defendants Supplemental Expert Disclosures), # 2 Exhibit Ex. 2 (Marko Dep.)) (Alvarenga, Sasha) (Entered: 02/18/2025) MOTION to Exclude Testimony of Defendants' Witness Brian Leahy by United States. (Attachments: # 1 Exhibit Lyle Chinkin Expert Report Excerpts, # 2 Exhibit Leahy Deposition Transcript Excerpts) (Ricci, Samantha) (Entered: 02/18/2025) MOTION for Partial Summary Judgment by Sierra Club. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Landrum Declaration, # 3 Exhibit 2 - Dobbins Declaration, # 4 Exhibit 3 - Leonard Declaration, # 5 Exhibit 4 - Coleman Declaration, # 6 Exhibit 5 - Utah Physicians for a Healthy Envt v. Diesel Power Gear, # 7 Exhibit 6 - United States v. Ameren Mo., # 8 Exhibit 7 - United States v. DTE Energy Co.) (Rock, Mary) (Entered: 02/18/2025) SEALED EXHIBIT re 160 MOTION Exclude the Expert Testimony of Eric Marko , 159 MOTION for Partial Summary Judgment on Liability of Defendant EES Coke by United States. (Attachments: # 1 Ex. 5 to ECF No. 159 (Shafer Dep.), # 2 Ex. 7 to ECF No. 159 (Burnette Dep.), # 3 Ex. 12 to ECF No. 159 and Ex. 2 to ECF No. 160 (Marko Dep.), # 4 Ex. 15 to ECF No. 159 (NSR Slides)) (Benson, Thomas) (Entered: 02/18/2025) MOTION to Partially Exclude the Testimony of Lyle Chinkin by All Defendants. (Attachments: # 1 Index of Exhibits to Motion to Partially Exclude Testimony of Lyle Chinkin, # 2 Exhibit 1 - Lyle R. Chinkin Expert Report, # 3 Exhibit 2 - Transcript of Lyle R. Chinkin, # 4 Exhibit 3 - CAMx Users Guide Comprehensive Air Quality Model With Extensions, # 5 Exhibit 4 - Brian Leahy Rebuttal to Lyle R Chinkin Expert Report,

# 6 Exhibit 5 - Revised Expert Report of Dr. Ranajit (Ron) Sahu Report, # 7 Exhibit 6 - Abarca v. Franklin Cnty. Water Dist., 761 F. Supp. 2d 1007, 1060 (E.D. Cal. 2011), # 8 Exhibit 7 - Chitayat v. Vanderbilt Assoc.s, 2007 WL 2890248, # 9 Exhibit 8 - Excerpt of EPA Modeling Guidance, # 10 Exhibit 9 - In re Gen. Motors Corp. Air Conditioning Mktg. & Sales Pracs. Litig., 2023 WL 2215953, # 11 Exhibit 10 - Annual Average Temperature by Year by National Centers for Environmental Information (NCEI), # 12 Exhibit 11 - Lyle R. Chinkin Rebuttal Report, # 13 Exhibit 12 - Campos v. MTD Prods., Inc., 2009 WL 2252257, # 14 Exhibit 13 - NAAQS Table US EPA, # 15 Exhibit 14 - EPA Supplemental Guidance, # 16 Exhibit 15 - 82 Fed. Reg. 5182, 5206, # 17 Exhibit 16 - 70 Fed. Reg. 68,218, 68246) (Hindelang, Michael) (Entered: 02/18/2025) MOTION to Exclude Testimony of Defendants' Witness Dr. Kathryn Kelly by United States. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 Kelly Deposition Transcript Excerpts, # 3 Exhibit 2 Chinkin Expert Report Excerpts, # 4 Exhibit 3 Schwartz Expert Report Excerpts, # 5 Exhibit 4 Kelly Expert Report, # 6 Exhibit 5 Schwartz Rebuttal Report Excerpts) (Ricci, Samantha) (Entered: 02/18/2025) MOTION to Exclude the Testimony of Dr. Joel Schwartz by All Defendants. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit 1 - Dr. Joel Schwartz Deposition Transcript, # 3 Exhibit 2 - Dr. Joel Schwartz Report, # 4 Exhibit 3 - Dr. Joel Schwartz Rebuttal Report, # 5 Exhibit 4 - BenMAP User Manual, # 6 Exhibit 5 - Lyle R. Chinkin Expert Report, # 7 Exhibit 6 - Federal Judicial Center's Reference Manual on Scientific Evidence, # 8 Exhibit 7 - Kelly Report Oct 7, 2024, # 9 Exhibit 8 - SAB Report, # 10 Exhibit 9 - R. Reiss & E. Anderson et al, Inhalation Toxicology 419-20, 2007, # 11 Exhibit 10 - Orthofix Inc. v. Lemanski, Case No. 13-11421, 2015 WL 12990115, # 12 Exhibit 11 - Letter from Richard Wayland, Supplement to the Guidance on SILS for Ozone and Fine Particles, # 13 Exhibit 12 - EPA BenMAP Download, # 14 Exhibit 13 - Fields v. Ashford, Case No. 17-cv-11812, 2019 WL 5704216, # 15 Exhibit 14 - Campos v. MTD Prods., Inc., Case No. 2:07-cv-00029, 2009 WL 2252257) (Hindelang, Michael) (Entered: 02/18/2025) MOTION to Seal by All Defendants. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit 1 - Redacted Portions of Investor Defendants Motion for Summary Judgment TO BE FILED UNDER SEAL, # 3 Exhibit 2 - Expert Report of Colin Campbell TO BE FILED UNDER SEAL, # 4 Exhibit 3 - Excerpts of the Deposition of Dave Fanning TO BE FILED UNDER SEAL, # 5 Exhibit 4 - Excerpts of the Deposition of Julie Brunner TO BE FILED UNDER SEAL, # 6 Exhibit 5 - EES COKE_0113011 TO BE FILED UNDER SEAL, # 7 Exhibit 6 - Excerpts of the Corporate Representative Deposition of Virginia Galinsky TO BE FILED UNDER SEAL, # 8 Exhibit 7 - EES COKE_0083542 TO BE FILED UNDER SEAL, # 9 Exhibit 8 - Excerpts of the Deposition of James Howard TO BE FILED UNDER SEAL, # 10 Exhibit 9 - Excerpts of the Corporate Representative Deposition of Ron Burnette TO BE FILED UNDER SEAL, # 11 Exhibit 10 - Excerpts of the Deposition of Ron Burnette TO BE FILED UNDER SEAL, # 12 Exhibit 11 - Excerpts of the Deposition of Fadi Mourad TO BE FILED UNDER SEAL, # 13 Exhibit 12 - EES COKE_0113852 TO BE FILED UNDER SEAL, # 14 Exhibit 13 - EES COKE_0113013 TO BE FILED UNDER SEAL, # 15 Exhibit 14 - EES COKE_0113736 TO BE FILED UNDER SEAL, # 16 Exhibit 15 - EES COKE_0113916 TO BE FILED UNDER SEAL, # 17 Exhibit 16 - EES COKE_0083117 TO BE FILED UNDER SEAL, # 18 Exhibit 17 - EES COKE_0113914 TO BE FILED UNDER SEAL, # 19 Exhibit 18 - Excerpts of the Deposition of David Smith TO BE FILED UNDER SEAL, # 20 Exhibit 19 - EES COKE_0083099 TO BE FILED UNDER SEAL, # 21 Exhibit 20 - Excerpts of the Deposition of Shawn Patterson TO BE FILED UNDER SEAL, # 22 Exhibit 21 - Excerpts of the Deposition of Dan Leistra-Jones TO BE FILED UNDER SEAL, # 23 Exhibit 22 - EES COKE_0001256 TO BE FILED UNDER SEAL, # 24 Exhibit 23 - EES COKE_0114384 TO BE FILED UNDER SEAL, # 25 Exhibit 24 - EES COKE_0114369 TO BE FILED UNDER SEAL, # 26 Exhibit 25 - Revised Expert Report of Dr. Ranajit Sahu TO BE FILED UNDER SEAL, # 27 Exhibit 26 - Rebuttal Expert Report of Dr. Ranajit Sahu TO BE FILED UNDER SEAL, # 28 Exhibit 27 - Expert Report of Dan Leistra-Jones TO BE FILED UNDER SEAL, # 29 Exhibit 28 - Supplemental Expert Report of Dan Leistra-Jones TO BE FILED UNDER SEAL, # 30

Exhibit 29 - Declaration of Mark Cohen TO BE FILED UNDER SEAL) (Hindelang, Michael) (Entered: 02/18/2025) MOTION for Summary Judgment by EES Coke Battery, LLC. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit 1 - Expert Report of Colin Campbell TO BE FILED UNDER SEAL, # 3 Exhibit 2 - Declaration of Fadi Mourad, # 4 Exhibit 3 - Declaration of Dave Fanning, # 5 Exhibit 4 - Declaration of Virginia Galinsky, # 6 Exhibit 5 - EES COKE_0032052 (Additional Information Request (AIR) No. 1), # 7 Exhibit 6 - Excerpts of the Deposition of J. Brunner TO BE FILED UNDER SEAL, # 8 Exhibit 7 - US-EPA-0024374 (PTI 51-08C), # 9 Exhibit 8 - US-EPA-0012296 (PTI 51-08C Application), # 10 Exhibit 9 - EES COKE_0049798 (PTI 71-13 Application), # 11 Exhibit 10 - EGLE_0008668 (PTI 71-13), # 12 Exhibit 11 - EES COKE_0113011 (Table 6 Operational Data) TO BE FILED UNDER SEAL, # 13 Exhibit 12 - Excerpts of the Deposition of C. Blathras, # 14 Exhibit 13 - Excerpts of the Deposition of A. Switzer, # 15 Exhibit 14 - EGLE_0022649 (NTH 7/29/20 Letter), # 16 Exhibit 15 - EGLE_0004991 (MDEQ Permit Evaluation Memo), # 17 Exhibit 16 - US- EPA-0031412 (Notice of Violation), # 18 Exhibit 17 - Excerpts of the Deposition of Virginia Galinsky, # 19 Exhibit 18 - EES COKE_0010619 (Public Participation Documents), # 20 Exhibit 19 - Excerpts of the Deposition of Dave Fanning TO BE FILED UNDER SEAL, # 21 Exhibit 20 - Excerpts of the Corporate Representative Deposition of Virginia Galinsky TO BE FILED UNDER SEAL, # 22 Exhibit 21 - D. McNally Letter to Pennsylvania Region III, # 23 Exhibit 22 - Commonwealth Pennsylvania v. Allegheny Energy, Inc., Civ. A 05-885, 2006 WL 1509061 (W.D. Pa. Apr.19, 2006), # 24 Exhibit 23 - U.S. v. Southern Indiana Gas and Electric Co., Case No. IP 99-1692, 2002 WL 1760752 (S.D. Ind. 2002), # 25 Exhibit 24 - Sierra Club v. PPL Montana LLC, Case No. 13-32, 2014 WL 12814425 (D. Mont. 2022)) (Hindelang, Michael) (Entered: 02/18/2025) MOTION for Summary Judgment by DTE Energy Services, Inc., DTE Energy Co., DTE Energy Resources, LLC. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit EES Coke_0083542 UNDER SEAL, # 3 Exhibit 2 - James Howard Deposition Transcript UNDER SEAL, # 4 Exhibit 3 - Ronald K. Burnette Corporate. Representative Deposition Transcript UNDER SEAL, # 5 Exhibit 4 - Ronald K. Burnette Deposition Transcript UNDER SEAL, # 6 Exhibit 5 - Fadi Mourad Deposition Transcript UNDER SEAL, # 7 Exhibit 6 - EES Coke_0113852 UNDER SEAL, # 8 Exhibit 7 - EES_Coke_0113013 UNDER SEAL, # 9 Exhibit 8 - EES Coke_0113736 UNDER SEAL, # 10 Exhibit 9 - EES Coke_0113916UNDER SEAL, # 11 Exhibit 10 - EES Coke_0083117 UNDER SEAL, # 12 Exhibit 11 - EES Coke_0113914 UNDER SEAL, # 13 Exhibit 12 - DTE ES_00000221 UNDER SEAL, # 14 Exhibit 13 - David Smith Deposition Transcript UNDER SEAL, # 15 Exhibit 14 - EES Coke_0083099 UNDER SEAL, # 16 Exhibit 15 - Brenna Harden Deposition TranscriptUNDER SEAL, # 17 Exhibit 16 - United States' Reponses and Objections to EES Coke Battery's First Interrogatories UNDER SEAL, # 18 Exhibit 17 - Cons. L. Found., Inc. v. Shell Oil Prod. US, 2022 WL 2353065 UNDER SEAL, # 19 Exhibit 18 - LeClercq v. Lockformer Co., 2002 WL 908037 UNDER SEAL, # 20 Exhibit 19 - Shawn Patterson Deposition Transcript UNDER SEAL, # 21 Exhibit 20 - Daniel Leistra-Jones Deposition Transcript UNDER SEAL, # 22 Exhibit 21 - Defendants' Answers and Objections to United States' First Set of RFPs UNDER SEAL, # 23 Exhibit 22 - EES Coke_0001256 UNDER SEAL, # 24 Exhibit 23 - EES Cokes Responses and Objections to United States' Third Set of Interrogatories UNDER SEAL, # 25 Exhibit 24 - EES Coke_0114384 UNDER SEAL, # 26 Exhibit 25 - EES Coke_0114369 UNDER SEAL, # 27 Exhibit 26 - Defendants Response to Interrogatories UNDER SEAL, # 28 Exhibit 27 - In re Helen Tenney Miller Trust, 2023 WL 4281635 UNDER SEAL) (Hindelang, Michael) (Entered: 02/18/2025) MOTION to exclude testimony of Ranajit Sahu by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 1 - EES Coke_0004405, # 3 Exhibit 2 - EGLE_0004988, # 4 Exhibit Excerpts of Deposition, # 5 Exhibit 4 - Excerpts of Deposition of Constantine Blathras, # 6 Exhibit 5 - Excerpts of Deposition of Annette Switzer, # 7 Exhibit 6 - Revised Expert Report of Dr. Ranajit Sahu

TO BE FILED UNDER SEAL, # 8 Exhibit 7 - Rebuttal Expert Report of Dr. Ranajit Sahu TO BE FILED UNDER SEAL, # 9 Exhibit 8 - US v Southern Indiana Gas and Elec Co, # 10 Exhibit 9 - McNally Guidance Letter, # 11 Exhibit 10 - Michigan PSD-Workbook, # 12 Exhibit 11 - Worley Guidance Letter, # 13 Exhibit 12 - Excerpts of the Corporate Representative Deposition of Virginia Galinsky TO BE FILED UNDER SEAL, # 14 Exhibit 13 - Sommerville v Union Carbide Corporation, # 15 Exhibit 14 - Sheffield v International Paper Co) (Spencer, Khalilah) (Entered: 02/18/2025) MOTION to Strike (Defendants' Motion to Partially Exclude and Strike Testimony of Dan Leistra-Jones) by All Defendants. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit 1 - Expert Report of Dan Leistra-Jones TO BE FILED UNDER SEAL, # 3 Exhibit 2 - Excerpts of Deposition of Dan Leistra- Jones TO BE FILED UNDER SEAL, # 4 Exhibit 3 - Email dated July 26, 2024, # 5 Exhibit 4 - Supplemental Expert Report of Dan Leistra-Jones TO BE FILED UNDER SEAL, # 6 Exhibit 5 - United States v. S. Ind. Gas & Elec. Co., 2002 WL 31427523 (S.D. Ind. Oct. 24, 2002), # 7 Exhibit 6 - Eiben v. Gorilla Ladder Co., 2013 WL 1721677 (E.D. Mich. Apr. 22, 2013), # 8 Exhibit 7 - Plaintiffs Responses to EES Coke Batterys First Interrogatories, # 9 Exhibit 8 - Clientron Corp. v. Devon IT, Inc., 2016 WL 1255218 (E.D. Pa. Mar. 29, 2016), # 10 Exhibit 9 - Tindall v. H & S Homes, LLC, 2012 WL 3242128 (M.D. Ga. Aug. 7, 2012), # 11 Exhibit 10 - HBC Ventures, LLC v. Holt MD Consulting, Inc., 2012 WL 4483625 at *8 (E.D.N.C. Sept. 27, 2012), # 12 Exhibit 11 - Amari Co. v. Burgess, 2012 WL 5389787 (N.D. Ill. Nov. 2, 2012), # 13 Exhibit 12 - Declaration of Mark Cohen, # 14 Exhibit 13 - Thames v. Evanston Ins. Co., 2015 WL 3398147 (N.D. Okla. May 26, 2015), # 15 Exhibit 14 - Cyprus Amax Mins. Co. v. TCI Pac. Commcns, Inc., 2014 WL 693328 (N.D. Okla. Feb. 21, 2014), # 16 Exhibit 15 - Med. Protective Co. v. Bubenik, 2008 WL 2338069 (E.D. Mo. May 28, 2008)) (Hindelang, Michael) (Entered: 02/18/2025) SEALED EXHIBIT Sealed Ex. 6 re 170 MOTION to exclude testimony of Ranajit Sahu by All Defendants. (Attachments: # 1 Exhibit 7, # 2 Exhibit 12) (Spencer, Khalilah) (Entered: 02/18/2025) SEALED EXHIBIT re 167 MOTION to Seal by All Defendants. (Attachments: # 1 Exhibit 1 - Investor Defendants Motion for Summary Judgment, # 2 Exhibit 2 - Expert Report of Colin Campbell, # 3 Exhibit 3 - Excerpts of the Deposition of Dave Fanning, # 4 Exhibit 4 - Excerpts of the Deposition of Julie Brunner, # 5 Exhibit 5 - EES COKE_0113011, # 6 Exhibit 6 - Excerpts of the Corporate Representative Deposition of Virginia Galinsky, # 7 Exhibit 7 - EES COKE_0083542, # 8 Exhibit 8 - Excerpts of the Deposition of James Howard, # 9 Exhibit 9 - Excerpts of the Corporate Representative Deposition of Ron Burnette, # 10 Exhibit 10 -Excerpts of the Deposition of Ron Burnette, # 11 Exhibit 11 - Excerpts of the Deposition of Fadi Mourad, # 12 Exhibit 12 - EES COKE_0113852, # 13 Exhibit 13 - EES COKE_0113013, # 14 Exhibit 14 - EES COKE_0113736, # 15 Exhibit 15 - EES COKE_0113916, # 16 Exhibit 16 - EES COKE_0083117, # 17 Exhibit 17 - EES COKE_0113914, # 18 Exhibit 18 - Excerpts of the Deposition of David Smith, # 19 Exhibit 19 - EES COKE_0083099, # 20 Exhibit 20 - Excerpts of the Deposition of Shawn Patterson, # 21 Exhibit 21 - Excerpts of the Deposition of Dan Leistra-Jones, # 22 Exhibit 22 - EES COKE_0001256, # 23 Exhibit 23 - EES COKE_0114384, # 24 Exhibit 24 - EES COKE_0114369, # 25 Exhibit 25 - Revised Expert Report of Dr. Ranajit Sahu, # 26 Exhibit 26 - Rebuttal Expert Report of Dr. Ranajit Sahu, # 27 Exhibit 27 - Expert Report of Dan Leistra-Jones, # 28 Exhibit 28 - Supplemental Expert Report of Dan Leistra-Jones, # 29 Exhibit 29 - Declaration of Mark Cohen) (Hindelang, Michael) (Entered: 02/19/2025) SEALED EXHIBIT re 168 MOTION for Summary Judgment by EES Coke Battery, LLC. (Attachments: # 1 Exhibit 1 - Expert Report of Colin Campbell, # 2 Exhibit 6 - Excerpts of the Deposition of J. Brunner, # 3 Exhibit 11 - EES COKE_0113011 (Table 6 Operational Data), # 4 Exhibit 19 - Excerpts of the Deposition of Dave Fanning, # 5 Exhibit 20 - Excerpts of the Corporate Representative Deposition of Virginia Galinsky) (Hindelang, Michael) (Entered: 02/19/2025) SEALED Brief in Support of Motion for Summary Judgment by Defendants DTE Energy Services Inc., DTE Energy Resources, LLC, and DTE Energy Company and Exhibits re 169 MOTION for Summary Judgment by DTE Energy Services, Inc., DTE Energy Co., DTE Energy Resources, LLC. (Attachments: # 1 Exhibit 1 - EES Coke_0083542, # 2 Exhibit 2 - James Howard Deposition Transcript, # 3 Exhibit 3 - Ronald K. Burnette Corporate. Representative Deposition Transcript, # 4 Exhibit 4 - Ronald K. Burnette Deposition Transcript, # 5 Exhibit 5 - Ronald K. Burnette Deposition Transcript, # 6 Exhibit 6 - EES Coke_0113852, # 7 Exhibit 7 - EES_Coke_0113013, # 8 Exhibit 8 - EES Coke_0113736, # 9 Exhibit 9 - EES Coke_0113916, # 10 Exhibit 10 - EES Coke_0083117, # 11 Exhibit 11 - EES Coke_0113914, # 12 Exhibit 12 - DTE ES_00000221, # 13 Exhibit 13 - David Smith Deposition Transcript, # 14 Exhibit 14 - EES Coke_0083099, # 15 Exhibit 15 - Brenna Harden Deposition Transcript, # 16 Exhibit 16 - United States' Reponses and Objections to EES Coke Battery's First Interrogatories, # 17 Exhibit 19 -Shawn Patterson Deposition Transcript, # 18 Exhibit 20 - Daniel Leistra-Jones Deposition Transcript, # 19 Exhibit 21 - Defendants' Answers and Objections to United States' First Set of RFPs, # 20 Exhibit 22 - EES Coke_0001256, # 21 Exhibit 23 - EES Cokes Responses and Objections to United States' Third Set of Interrogatories, # 22 Exhibit 24 - EES Coke_0114384, # 23 Exhibit 25 - EES Coke_0114369, # 24 Exhibit 26 - Defendants Response to Interrogatories) (Hindelang, Michael) (Entered: 02/19/2025) SEALED Brief in Support of Defendants' Motion to Partially Exclude and Strike Testimony of Dan Leistra-Jones and Exhibits re 171 MOTION to Strike (Defendants' Motion to Partially Exclude and Strike Testimony of Dan Leistra- Jones) by All Defendants. (Attachments: # 1 Exhibit 1 - Expert Report of Dan Leistra-Jones, # 2 Exhibit 2 - Excerpts of Deposition of Dan Leistra-Jones, # 3 Exhibit 4 - Supplemental Expert Report of Dan Leistra-Jones, # 4 Exhibit 12 - Declaration of Mark Cohen) (Hindelang, Michael) (Entered: 02/19/2025) Amended MOTION to Seal re 167 MOTION to Seal by All Defendants. (Steen, Kory) (Entered: 02/19/2025) RESPONSE to 151 MOTION to Produce Non-Privileged Document filed by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 1 - Grae v. Corr. Corp. of Am., # 3 Exhibit 2 - Notice of Deposition of Dr. Ranajit Sahu, # 4 Exhibit 3 - Ypsilanti Cmty. Utilities Auth. v. Meadwestvaco Air Sys. LLC, # 5 Exhibit 4 - Mafcote, Inc. v. Fed. Ins. Co., # 6 Exhibit 5 - Plaintiffs Clawback Log, # 7 Exhibit 6 - Allen v. Sears, Roebuck & Co., # 8 Exhibit 7 - Phoenix Process Equip. Co. v. Cap. Equip. & Trading Corp.) (Hindelang, Michael) (Entered: 02/19/2025) REPLY to Response re 151 MOTION to Produce

Non-Privileged Document filed by United States. (Benson, Thomas) (Entered: 02/26/2025) RESPONSE to 157 MOTION to Exclude the Testimony of Deborah Gentile filed by Sierra Club. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Email from Defendants' counsel (May 1, 2024), # 3 Exhibit 2 - Email from Sierra Club's counsel (May 17, 2024), # 4 Exhibit 3 - Effyis, Inc. v. Kelly, # 5 Exhibit 4 - United States v. Sampson, # 6 Exhibit 5 - In re Flint Water Cases) (Rock, Mary) (Entered: 03/04/2025) RESPONSE to 160 MOTION Exclude the Expert Testimony of Eric Marko filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Marko 30(b)(6) Dep. Tr., # 3 Exhibit 2 - 10/30/23 Revised 30(b)(6) Notice, # 4 Exhibit 3 - 10/7/24 Defendants Rule 26(a)(2)(C) Non-Retained Expert Witness Disclosures, # 5 Exhibit 4 - 12/16/24 Defendants Supplemental Rule 26(a)(2)(C) Non-Retained Expert Witness Disclosures, # 6 Exhibit 5 - EES Cokes Initial Disclosures, # 7 Exhibit 6 - EES Cokes Amended Initial Disclosures, # 8 Exhibit 7 - Call v. City of Riverside, No. 3:13-CV-133, 2014 WL 2048194 (S.D. Ohio May 19, 2014), # 9 Exhibit 8 - Saline River Properties, LLC v. Johnson Controls, Inc., No. CIV.A. 10-10507, 2011 WL 6031943 (E.D. Mich. Dec. 5, 2011), # 10 Exhibit 9 - Won v. Gen. Motors, LLC, No. 19-11044, 2022 WL 3010886 (E.D. Mich. July 28, 2022), # 11 Document Continuation 10 - Cahoo v. Fast Enterprises LLC, No. 17-10657, 2021 WL 1037727 (E.D. Mich. Mar. 18, 2021)) (Spencer, Khalilah) (Entered: 03/04/2025) SEALED RESPONSE re 171 Motion to Strike,,,,,, by United States. (Attachments: # 1 Brief in Opposition to ECF No. 171, # 2 Ex. 1 (Leistra-Jones Dep. Excerpt)) (Benson, Thomas) (Entered: 03/04/2025) NOTICE by United States re 182 Sealed Response to Motion Providing Non- Sealed Exhibits in Support of Sealed Brief (Attachments: # 1 Index of Exhibits, # 2 Ex. 2 (Counsel email chain), # 3 Ex. 3 (Leistra-Jones Declaration), # 4 Ex. 4 (Counsel letter)) (Benson, Thomas) (Entered: 03/04/2025) RESPONSE to 158 MOTION to Exclude Opinions of Defendants' Witness Dr. Kathryn Kelly filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Expert Rebuttal Report of Dr. Kathryn Kelly, # 3 Exhibit 2 - K. Kelly Dep. Tr.) (Hindelang, Michael) (Entered: 03/04/2025) RESPONSE to 170 MOTION to exclude testimony of Ranajit Sahu filed by United States. (Attachments: # 1 Ex. 1 (Ameren testimony excerpt)) (Benson, Thomas) (Entered: 03/04/2025) RESPONSE to 156 MOTION to Partially Exclude the Expert Testimony of Virginia Galinsky Under Federal Rule of Evidence 702 filed by United States. (Attachments: # 1 Ex. 1 (Galinsky Declaration), # 2 Ex. 2 (Saini Depo. excerpt)) (Benson, Thomas) (Entered: 03/04/2025) RESPONSE to 164 MOTION to Partially Exclude the Testimony of Lyle Chinkin filed by United States. (Attachments: # 1 Index of Exhibits, # 2 Ex. 1 (Chinkin Expert Rep.), # 3 Ex. 2 (Chinkin Rebuttal Rep.), # 4 Ex. 3 (Chinkin Depo. Excerpts)) (Benson, Thomas) (Entered: 03/04/2025) RESPONSE to 165 MOTION to Exclude Testimony of Defendants' Witness Dr. Kathryn Kelly filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Expert Rebuttal Report of Dr. Kathryn Kelly, # 3 Exhibit 2 - K. Kelly Dep. Tr.) (Hindelang, Michael) (Entered: 03/04/2025) RESPONSE to 161 MOTION to Exclude Testimony of Defendants' Witness Brian Leahy filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Expert Report of Brian Leahy, # 3

Exhibit 2 - Leahy Dep. Tr., # 4 Exhibit 3 - Leistra-Jones Dep. Tr., # 5 Exhibit 4 - In re Gen. Motors Corp. Air Conditioning Mktg. & Sales Pracs. Litig., Case No. 18-md-02818, 2023 WL 2215953 (E.D. Mich. Feb. 24, 2023), # 6 Exhibit 5 - Capital Mortgage Sols., LLC v. Cincinnati Ins. Co., Case No. 2:21-cv-10873, 2022 WL 16920409 (E.D. Mich. Nov. 14, 2022), # 7 Exhibit 6 - Amber Reineck House v. City of Howell, Case No. 20-10203, 2021 WL 6881861 (E.D. Mich. Sept. 29, 2021), # 8 Exhibit 7 - Mod. Holdings, LLC v. Corning, Inc., Case No. 5:13-cv-00405, 2022 WL 2910005 (E.D. Ky. July 22, 2022), # 9 Exhibit 8 - In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., Case No. 14-md-2542, 2025 WL 354671 (S.D.N.Y. Jan. 30, 2025), # 10 Exhibit 9 - Stryker Corp. v. Ridgeway, Case No. 1:13-cv-1066, 2016 WL 6583584 (W.D. Mich. Feb. 14, 2016), # 11 Exhibit 10 - Bledsoe v. FCA US LLC, Case No. 4:16-cv-14024, 2022 WL 4596156 (E.D. Mich. Sept. 30, 2022), # 12 Exhibit 11 - Norberto L. v. State Farm Lloyds, Case No. 5:19-cv-89, 2020 WL 9934407 (S.D. Tex. Oct. 27, 2020)) (Hindelang, Michael) (Entered: 03/04/2025) RESPONSE to 166 MOTION to Exclude the Testimony of Dr. Joel Schwartz filed by United States. (Ricci, Samantha) (Entered: 03/04/2025) OPINION AND ORDER sustaining in part and overruling in part defendants' objections, and overruling the government's objections to Magistrate Judge Ivy's order granting in part defendants' motion to strike. Signed by District Judge Gershwin A. Drain. (DPer) (Entered: 03/07/2025) ORDER REFERRING MOTIONS to Magistrate Judge Curtis Ivy, Jr: 158 MOTION to Exclude Opinions of Defendants' Witness Dr. Kathryn Kelly filed by Sierra Club, 171 MOTION to Strike (Defendants' Motion to Partially Exclude and Strike Testimony of Dan Leistra-Jones) filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc., 161 MOTION to Exclude Testimony of Defendants' Witness Brian Leahy filed by United States, 160 MOTION Exclude the Expert Testimony of Eric Marko filed by United States, 157 MOTION to Exclude the Testimony of Deborah Gentile filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc., 156 MOTION to Partially Exclude the Expert Testimony of Virginia Galinsky Under Federal Rule of Evidence 702 filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc., 177 Amended MOTION to Seal re 167 MOTION to Seal filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc., 167 MOTION to Seal filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc., 165 MOTION to Exclude Testimony of Defendants' Witness Dr. Kathryn Kelly filed by United States, 164 MOTION to Partially Exclude the Testimony of Lyle Chinkin filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 03/11/2025) REPLY to Response re 156 MOTION to Partially Exclude the Expert Testimony of Virginia Galinsky Under Federal Rule of Evidence 702 filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Tanner v. Grand River Navigation Co., Inc., No. 14-CV-13478, 2015 WL 8310291 (E.D. Mich. Dec. 9, 2015), # 3 Exhibit 2 - Conte v. Newsday, Inc., No. CV 06-4859 JFB ETB, 2011 WL 2671216 (E.D.N.Y. July 7, 2011), # 4 Exhibit 3 - Barnette v. Grizzly Processing, LLC, No. CIV. 10-77-ART, 2012 WL 293305 (E.D. Ky. Jan. 31, 2012)) (Spencer, Khalilah) (Entered: 03/11/2025) REPLY to Response re 166 MOTION to Exclude the Testimony of Dr. Joel Schwartz filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Wells Fargo Bank, N.A. v. LaSalle Bank Nat. Ass'n, 2011 WL 588471 (D. Nev. Feb. 9, 2011), # 3 Exhibit 2 - Orthofix Inc. v. Lemanski, Case No. 13-11421, 2015 WL 12990115 (E.D. Mich. Sept. 29, 2015), # 4 Exhibit 3 - Campos v. MTD Prods., Inc., Case No. 2:07-cv-00029, 2009 WL 2252257 (M.D. Tenn. July 24, 2009)) (Spencer, Khalilah) (Entered: 03/11/2025) REPLY to Response re 164 MOTION to Partially Exclude the Testimony of Lyle Chinkin filed by All Defendants. (Attachments: # 1

Index of Exhibits, # 2 Exhibit 1 - Wells Fargo Bank, N.A. v. LaSalle Bank Nat. Ass'n, 2011 WL 588471 (D. Nev. Feb. 9, 2011), # 3 Exhibit 2 - Crescenta Valley Water Dist. v. Exxon Mobile Corp., 2013 WL 12116333 (C.D. Cal. Jan. 8, 2013)) (Spencer, Khalilah) (Entered: 03/11/2025) REPLY to Response re 160 MOTION Exclude the Expert Testimony of Eric Marko filed by United States. (Alvarenga, Sasha) (Entered: 03/11/2025) REPLY to Response re 165 MOTION to Exclude Testimony of Defendants' Witness Dr. Kathryn Kelly filed by United States. (Ricci, Samantha) (Entered: 03/11/2025) REPLY to Response re 161 MOTION to Exclude Testimony of Defendants' Witness Brian Leahy filed by United States. (Attachments: # 1 Exhibit Brian Leahy Deposition Transcript) (Ricci, Samantha) (Entered: 03/11/2025) REPLY to Response re 170 MOTION to exclude testimony of Ranajit Sahu filed by All Defendants. (Spencer, Khalilah) (Entered: 03/11/2025) REPLY to Response re 158 MOTION to Exclude Opinions of Defendants' Witness Dr. Kathryn Kelly filed by Sierra Club. (Rock, Mary) (Entered: 03/11/2025) SEALED RESPONSE re 169 Motion for Summary Judgment,,,,,,,, by United States. (Attachments: # 1 United States' Opposition Brief, # 2 Index of Exhibits, # 3 Exhibit 1- David Smith Deposition Transcript (excerpted), # 4 Exhibit 2- 2008 Master Services Agreement, # 5 Exhibit 3- List of Energy Services Employees, # 6 Exhibit 4- Ronald Burnette 30(b)(6) Deposition Transcript (excerpted), # 7 Exhibit 5- Ronald Burnette Deposition Transcript (excerpted), # 8 Exhibit 6- Michael Shafer 30(b)(6) Deposition Transcript (excerpted), # 9 Exhibit 7- New Defendants Answers to U.S. First Interrogatories, # 10 Exhibit 8- EES Coke Response to U.S Third Interrogatories, # 11 Exhibit 9- Robert Sanch Deposition Transcript (excerpted), # 12 Exhibit 10- Stephen Zervas Deposition Transcript (excerpted), # 13 Exhibit 11- Brenna Harden Deposition Transcript (excerpted), # 14 Exhibit 12- Fadi Mourad Deposition Transcript (excerpted), # 15 Exhibit 13- List of Energy Resources Employees, # 16 Exhibit 14- Cash Management Agreement, # 17 Exhibit 15- Carmeuse Project, # 18 Exhibit 16- March 26, 2012 Gross Email, # 19 Exhibit 17- Stack Test Email, # 20 Exhibit 18- Shawn Patterson 30(b)(6) Deposition Transcript (excerpted), # 21 Exhibit 19- Request Form, # 22 Exhibit 20- Joint Consent Action Form, # 23 Exhibit 21- March 31, 2023 Stiers Email, # 24 Exhibit 22- Energy Resources MSA, # 25 Exhibit 23- James Howard 30(b)(6) Deposition Transcript (excerpted), # 26 Exhibit 24- Mourad Email) (Alvarenga, Sasha) (Entered: 03/11/2025) REPLY to Response re 157 MOTION to Exclude the Testimony of Deborah Gentile filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Deborah Gentile Deposition Transcript Excerpt, # 3 Exhibit 2 - Kathryn Kelly Expert Rebuttal Report to Gentile, # 4 Exhibit 3 - United States v. Sampson, Case No. 21-CR-20732, 2023 WL 8772873 (E.D. Mich. Dec. 19, 2023)) (Hindelang, Michael) (Entered: 03/11/2025) RESPONSE to 168 MOTION for Summary Judgment filed by United States. (Attachments: # 1 Index of Exhibits, # 2 Ex. 3 (Switzer Dep. excerpt)) (Benson, Thomas) (Entered: 03/11/2025) SEALED EXHIBIT re 203 Response to Motion by United States. (Attachments: # 1 Ex. 1 to ECF No. 203 (Campbell Dep. excerpt), # 2 Ex. 2 to ECF No. 203 (Shafer Dep. excerpt)) (Benson, Thomas) (Entered: 03/11/2025) SEALED RESPONSE re 169 Motion for Summary Judgment,,,,,,,, by Sierra Club. (Rock, Mary) (Entered: 03/11/2025) MOTION to Seal by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Redactions to Response in Opposition to Intervening-Plaintiffs Motion for Summary Judgment

TO BE FILED UNDER SEAL, # 3 Exhibit 2 - Reply Brief in Support of Defendants Motion to Partially Exclude and Strike Testimony of Dan Leistra-Jones TO BE FILED UNDER SEAL, # 4 Exhibit 3 - Excerpts of the Deposition of Dave Fanning TO BE FILED UNDER SEAL, # 5 Exhibit 4 - EES COKE_0026022 TO BE FILED UNDER SEAL, # 6 Exhibit 5 - Excerpts of the Deposition of Phillippe van der Poel TO BE FILED UNDER SEAL, # 7 Exhibit 6 - Expert Report of Phillippe van der Poel TO BE FILED UNDER SEAL, # 8 Exhibit 7 - Excerpts of the Deposition of Fadi Mourad TO BE FILED UNDER SEAL, # 9 Exhibit 8 - Excerpts of the Deposition of Frank Jere TO BE FILED UNDER SEAL, # 10 Exhibit 9 - Excerpts of the Corporate Representative Deposition of Ron Burnette TO BE FILED UNDER SEAL, # 11 Exhibit 10 - EES COKE_0078172 TO BE FILED UNDER SEAL, # 12 Exhibit 11 - Excerpts of the Deposition of Colin Campbell TO BE FILED UNDER SEAL, # 13 Exhibit 12 - Demonstrative Chart reflecting Emissions Data TO BE FILED UNDER SEAL, # 14 Exhibit 13 - David Smith Declaration TO BE FILED UNDER SEAL, # 15 Exhibit 14 - Gurinder Saini Expert Report TO BE FILED UNDER SEAL, # 16 Exhibit 15 - Excerpts of the Deposition of Dan Leistra-Jones TO BE FILED UNDER SEAL, # 17 Exhibit 16 - Demonstrative Chart Contrasting Facts Regarding EES Cokes Operations TO BE FILED UNDER SEAL) (Hindelang, Michael) (Entered: 03/11/2025) SEALED RESPONSE re 168 Motion for Summary Judgment,,,,,,, by Sierra Club. (Leonard, Nicholas) (Entered: 03/11/2025) REPLY to Response re 168 MOTION for Summary Judgment filed by EES Coke Battery, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - EES COKE_0011420, # 3 Exhibit 2 - Excerpts of the Deposition of Dave Fanning TO BE FILED UNDER SEAL, # 4 Exhibit 3 - EES COKE_0035337, # 5 Exhibit 4 - EES COKE_0026022 TO BE FILED UNDER SEAL, # 6 Exhibit 5 - Expert Report of Philippe van der Poel TO BE FILED UNDER SEAL, # 7 Exhibit 6 - Excerpts of the Deposition of Philippe van der Poel TO BE FILED UNDER SEAL, # 8 Exhibit 7 - Excerpts of the Deposition of Fadi Mourad TO BE FILED UNDER SEAL, # 9 Exhibit 8 - Excerpts of the Deposition of Frank Jere TO BE FILED UNDER SEAL, # 10 Exhibit 9 - Excerpts of the Corporate Representative Deposition of Ron Burnette TO BE FILED UNDER SEAL, # 11 Exhibit 10 - EES COKE_0078172 TO BE FILED UNDER SEAL, # 12 Exhibit 11 - Excerpts of the Deposition of Julie Brunner, # 13 Exhibit 12 - Excerpts of the Deposition of Colin Campbell TO BE FILED UNDER SEAL, # 14 Exhibit 13 - Excerpts of the Deposition of Annette Switzer, # 15 Exhibit 14 - MI PSD Workbook, # 16 Exhibit 15 - EGLE_0019976, # 17 Exhibit 16 - Excerpts of the Deposition of Virginia Galinsky, # 18 Exhibit 17 - United States v. Ameren Missouri, No. 4:11-CV-77, 2016 WL 728234 (E.D. Mo. Feb. 24, 2016), # 19 Exhibit 18 - Demonstrative Chart reflecting Emissions Data TO BE FILED UNDER SEAL, # 20 Exhibit 19 - EES Coke Responses to Plaintiffs First Interrogatories, # 21 Exhibit 20 - EES COKE_0004491) (Hindelang, Michael) Modified on 3/12/2025 (LHam). [DOCUMENT IS A RESPONSE IN OPPOSITION TO US MOTION FOR SUMMARY JUDGMENT] (Entered: 03/11/2025) SEALED EXHIBIT by Sierra Club. (Attachments: # 1 Exhibit Exhibit 1 - EES Coke_008979194, # 2 Exhibit Exhibit 2 - Leistra-Jones Rebuttal Report, # 3 Exhibit Exhibit 3 - EES Coke_011445261) (Leonard, Nicholas) (Entered: 03/11/2025) [STRICKEN] NOTICE by Sierra Club Providing Non-Sealed E (Attachments: # 1 Exhibit, # 2 Exhibit) (Leonard, Nicholas) Modified on 3/12/2025 (MarW). (Entered: 03/11/2025) REPLY to Response re 171 MOTION to Strike (Defendants' Motion to Partially Exclude and Strike Testimony of Dan Leistra-Jones) filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Leistra-Jones Deposition Excerpts TO BE FILED UNDER SEAL, # 3 Exhibit 2 - Demonstrative Chart Contrasting Facts Regarding EES Cokes Operations TO BE FILED UNDER SEAL) (Hindelang, Michael) (Entered: 03/11/2025)

RESPONSE to 162 MOTION for Partial Summary Judgment filed by EES Coke Battery, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Jan. 2025 EGLE Redesignation Memo for SO2, # 3 Exhibit 2 - Kelly Report to Gentile, # 4 Exhibit 3 - Michigan Air Quality Annual Report 2023, # 5 Exhibit 4 - Integrated Science Assessment (ISA) for Sulfur Oxides Health Criteria, # 6 Exhibit 5 - Chinkin Expert Report (Excerpt Pg. 42-44), # 7 Exhibit 6 - Schwartz Deposition Transcript, # 8 Exhibit 7 - R. Reiss & E. Anderson et al, Inhalation Toxicology, # 9 Exhibit 8 - Kelly Expert Report to Schwartz, # 10 Exhibit 9 - May 2024 EGLE Memo, # 11 Exhibit 10 - Burnette Deposition Transcript - FILED UNDER SEAL, # 12 Exhibit 11 - van der Poel Report - FILED UNDER SEAL, # 13 Exhibit 12 - David Smith Declaration FILED UNDER SEAL, # 14 Exhibit 13 - Saini Expert Report - FILED UNDER SEAL, # 15 Exhibit 14 - Foreword Mag., Inc. v. Overdrive, Inc., No. 1:10-cv-01144, 2012 WL 12883787 (W.D. Mich. Feb. 16, 2012), # 16 Exhibit 15 - United States ex. rel Nguyen v. City of Cleveland, Nos. 16-3379/3420, 2017 WL 4677202 (6th Cir. Mar. 3, 2017)) (Hindelang, Michael) (Entered: 03/11/2025) MOTION to Remove Exhibit 5 (ECF No. 164-6) from the Public Docket (Unopposed) by All Defendants. (Hindelang, Michael) (Entered: 03/11/2025) SEALED EXHIBIT re 206 MOTION to Seal by All Defendants. (Attachments: # 1 Exhibit 1 - Redactions to Response in Opposition to Intervening-Plaintiffs Motion for Summary Judgment, # 2 Exhibit 2 - Reply Brief in Support of Defendants Motion to Partially Exclude and Strike Testimony of Dan Leistra- Jones, # 3 Exhibit 3 - Excerpts of the Deposition of Dave Fanning, # 4 Exhibit 4 - EES COKE_0026022, # 5 Exhibit 5 - Excerpts of the Deposition of Phillippe van der Poel, # 6 Exhibit 6 - Expert Report of Phillippe van der Poel, # 7 Exhibit 7 - Excerpts of the Deposition of Fadi Mourad, # 8 Exhibit 8 - Excerpts of the Deposition of Frank Jere, # 9 Exhibit 9 - Excerpts of the Corporate Representative Deposition of Ron Burnette, # 10 Exhibit 10 - EES COKE_0078172, # 11 Exhibit 11 - Excerpts of the Deposition of Colin Campbell, # 12 Exhibit 12 - Demonstrative Chart reflecting Emissions Data, # 13 Exhibit 13 - David Smith Declaration, # 14 Exhibit 14 - Gurinder Saini Expert Report, # 15 Exhibit 15 - Excerpts of the Deposition of Dan Leistra-Jones, # 16 Exhibit 16 - Demonstrative Chart Contrasting Facts Regarding EES Cokes Operations) (Hindelang, Michael) (Entered: 03/11/2025) TEXT-ONLY ORDER to Strike 210 Notice (Other) filed by Sierra Club. Filed in error. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 03/12/2025) NOTICE by Sierra Club re 207 Sealed Response to Motion Providing Non- Sealed Exhibits In Support of Sealed Brief (Attachments: # 1 Index of Exhibits Index of Exhibit, # 2 Exhibit United States v Ameren Missouri, 2016, # 3 Exhibit PSD Workbook) (Leonard, Nicholas) (Entered: 03/12/2025) NOTICE OF IN PERSON HEARING on 156 MOTION to Partially Exclude the Expert Testimony of Virginia Galinsky Under Federal Rule of Evidence 702, 158 MOTION to Exclude Opinions of Defendants' Witness Dr. Kathryn Kelly , 157 MOTION to Exclude the Testimony of Deborah Gentile , 165 MOTION to Exclude Testimony of Defendants' Witness Dr. Kathryn Kelly , 177 Amended MOTION to Seal re 167 MOTION to Seal , 161 MOTION to Exclude Testimony of Defendants' Witness Brian Leahy , 171 MOTION to Strike (Defendants' Motion to Partially Exclude and Strike Testimony of Dan Leistra-Jones), 167 MOTION to Seal , 160 MOTION Exclude the Expert Testimony of Eric Marko , 164 MOTION to Partially Exclude the Testimony of Lyle Chinkin .

Resolved/ Unresolved Issues due by 5/22/2025 Motion Hearing set for 6/5/2025 10:00 AM before Magistrate Judge Curtis Ivy Jr. (SKra) (Entered: 03/12/2025) ORDER Striking ECF No.[164-6]. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 03/12/2025) EXHIBIT 5 - Revised Expert Report of Dr. Ranajit (Ron) Sahu Report [TO BE FILED UNDER SEAL] re 164 MOTION to Partially Exclude the Testimony of Lyle Chinkin by All Defendants (Hindelang, Michael) (Entered: 03/12/2025) Joint MOTION TO EXTEND Time for Submission of Pretrial Order by United States. (Benson, Thomas) (Entered: 03/13/2025) MOTION in Limine by United States. (Alvarenga, Sasha) (Entered: 03/17/2025) MOTION to Strike 195 Reply to Response to Motion, 194 Reply to Response to Motion,, , MOTION for Leave to File Sur-Reply Brief by United States. (Attachments: # 1 Proposed Sur-Reply Brief, # 2 Ex. 1 to Proposed Sur-Reply Brief (Chinkin Dep. Excerpts)) (Benson, Thomas) (Entered: 03/19/2025) REPLY to Response re 162 MOTION for Partial Summary Judgment filed by Sierra Club. (Rock, Mary) (Entered: 03/25/2025) REPLY to Response re 168 MOTION for Summary Judgment as to Plaintiff United States filed by EES Coke Battery, LLC. (Attachments: # 1 Exhibit 1 - Sierra Club v PPL Montana LLC) (Hindelang, Michael) (Entered: 03/25/2025) REPLY to Response re 168 MOTION for Summary Judgment as to Intervening- Plaintiffs Sierra Club and City of River Rouge filed by EES Coke Battery, LLC. (Hindelang, Michael) (Entered: 03/25/2025) MOTION to Seal by All Defendants. (Attachments: # 1 Exhibit 1 - Reply Brief in Support of Investor Defendants Motion for Summary Judgment against Plaintiff TO BE FILED UNDER SEAL, # 2 Exhibit 2 - New Defendants Amended Answers and Objections to Plaintiffs First Set of Interrogatories TO BE FILED UNDER SEAL, # 3 Exhibit 3 - Stephen Zervas Deposition Transcript TO BE FILED UNDER SEAL, # 4 Exhibit 4 - EES Coke_0113736 TO BE FILED UNDER SEAL, # 5 Exhibit 5 - James Howard Deposition Transcript TO BE FILED UNDER SEAL, # 6 Exhibit 6 - Shawn Patterson Deposition Transcript TO BE FILED UNDER SEAL, # 7 Exhibit 7 - Reply Brief in Support of Investor Defendants Motion for Summary Judgment against Intervening- Plaintiff TO BE FILED UNDER SEAL, # 8 Exhibit 8 - EES Cokes Answers and Objections to Plaintiffs Third Set of Interrogatories TO BE FILED UNDER SEAL) (Hindelang, Michael) (Entered: 03/25/2025) SEALED EXHIBIT re 225 MOTION to Seal by All Defendants. (Attachments: # 1 Exhibit 1 - Reply Brief in Support of Investor Defendants Motion for Summary Judgment against Plaintiff, # 2 Exhibit 2 - New Defendants Amended Answers and Objections to Plaintiffs First Set of Interrogatories, # 3 Exhibit 3 - Stephen Zervas Deposition Transcript, # 4 Exhibit 4 -EES Coke_0113736, # 5 Exhibit 5 - James Howard Deposition Transcript, # 6 Exhibit 6 - Shawn Patterson Deposition Transcript, # 7 Exhibit 7 - Reply Brief in Support of Investor Defendants Motion for Summary Judgment against Intervening-Plaintiff, # 8 Exhibit 8 - EES Cokes Answers and Objections to Plaintiffs Third Set of Interrogatories) (Hindelang, Michael) (Entered: 03/25/2025) REPLY to Response re 169 MOTION for Summary Judgment filed by DTE Energy Co., DTE Energy Resources, LLC, DTE Energy Services, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Interrogatory No. 5 FILED UNDER SEAL, # 3 Exhibit 2 - Zervas Dep. excerpts FILED UNDER SEAL, # 4 Exhibit 3 - 2008 MSA FILED UNDER SEAL, # 5 Exhibit 4 - Howard Dep. excerpts FILED UNDER SEAL, # 6 Exhibit 5 - S. Patterson Dep. excerpts FILED UNDER SEAL) (Hindelang, Michael) (Entered: 03/25/2025) REPLY to Response re 159 MOTION for Partial Summary Judgment on Liability of Defendant EES Coke filed by United States. (Attachments: # 1 Ex. 1 (EES Coke Public Comment), # 2 Ex. 2 (EGLE Analysis)) (Benson, Thomas) (Entered: 03/25/2025) REPLY to Response re 169 MOTION for Summary Judgment as to Intervening- Plaintiffs filed by DTE Energy Co., DTE Energy Resources, LLC, DTE Energy Services, Inc.. (Attachments: # 1 Exhibit 1 - EES Cokes Answers and Objections to Plaintiffs Third Set of Interrogatories) (Hindelang, Michael) (Entered: 03/25/2025) REDACTED VERSION of 205 Sealed Response to Motion (Public Version of Sierra Club's Response to DTE Defendants' Motion for Summary Judgment) by Sierra Club (Rock, Mary) (Entered: 03/28/2025) REDACTED VERSION of 207 Sealed Response to Motion, 209 Sealed Exhibit (Public, Redacted Version of Sierra Club's Response to EES Coke's Motion for Summary Judgment) by Sierra Club (Attachments: # 1 Exhibit 1 - Agreement with NTH Consulting, EES Coke_0089791-94, # 2 Exhibit 3 - Presentation on Environmental Challenges, EES Coke_0114452-61) (Rock, Mary) (Entered: 03/28/2025) RESPONSE to 220 MOTION in Limine filed by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 1 - Foreword Mag., Inc. v. OverDrive, Inc., # 3 Exhibit 2 - City of Tillamook Oregon v. Kennedy Jenks Consultants, Inc., # 4 Exhibit 3 - Plaintiff's Response to EES Coke's Notice of Taking Rule 30(b)(6) Deposition, # 5 Exhibit 4 - Correspondence dated Feb. 2, 2024 regarding Plaintiff's Objections to Rule 30(b)(6) Notice, # 6 Exhibit 5 - Scott v. Luoma, # 7 Exhibit 6 - Fakhri v. Louisville-Jefferson Cnty. Metro. Gov't, # 8 Exhibit 7 - Euclid Chem. Co. v. Vector Corrosion Techs., Inc., # 9 Exhibit Painter v. Woodstream Corp.) (Hindelang, Michael) (Entered: 03/31/2025)

NOTICE TO APPEAR IN PERSON: Status Conference set for 4/21/2025 at 02:30 PM before District Judge Gershwin A. Drain. (MarW) (Entered: 04/01/2025) RESPONSE to 221 MOTION to Strike 195 Reply to Response to Motion, 194 Reply to Response to Motion,, MOTION for Leave to File Sur-Reply Brief filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Email between Plaintiff and Defense counsel regarding Plaintiffs request to file sur- reply, # 3 Exhibit B - Citizens Bank, N.A. v. Margolis, 2020 WL 7640057 (E.D. Mich. Dec. 13, 2020), # 4 Exhibit C - Burnham v. City of Rohnert Park, 1992 WL 672965 (N.D.Cal. May 18, 1992), # 5 Exhibit D - Edwards v. Vemma Nutrition, 2018 WL 11469695 (D. Ariz. Dec. 17, 2018), # 6 Exhibit E - Baltzer v. Midland Credit Mgmt., Inc., 2014 WL 3845449 (S.D. Fla. Aug. 5, 2014), # 7 Exhibit F - Brown v. Genworth Life & Annuity Ins. Co., 2020 WL 4340539 (E.D. Tenn. July 28, 2020), # 8 Exhibit G - Nationwide Gen. Ins. Co. v. Gree USA, Inc., 2018 WL 10893049 (E.D. Mich. Nov. 7, 2018), # 9 Exhibit H - Mellian v. Hartford Life & Acc. Ins. Co., 2014 WL 7366104 (E.D. Mich. Dec. 24, 2014), # 10 Exhibit I - Nationwide Recovery, Inc. v. City of Detroit, 2021 WL 4398339 (E.D. Mich. Sept. 27, 2021), # 11 Exhibit J - Glob. Tech., Inc. v. Ningbo Swell Indus., Co., 2021 WL 5443272 (E.D. Mich. Apr. 27, 2021)) (Hindelang, Michael) (Entered: 04/02/2025) REPLY to Response re 220 MOTION in Limine filed by United States. (Benson, Thomas) (Entered: 04/07/2025) REPLY to Response re 221 MOTION to Strike 195 Reply to Response to Motion, 194 Reply to Response to Motion,, MOTION for Leave to File Sur- Reply Brief filed by United States. (Ricci, Samantha) (Entered: 04/09/2025) ORDER REFERRING MOTION to Magistrate Judge Curtis Ivy, Jr: 170 MOTION to exclude testimony of Ranajit Sahu filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc., 166 MOTION to Exclude the Testimony of Dr. Joel Schwartz filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc., 206 MOTION to Seal filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc., 225 MOTION to Seal filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc.. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 04/15/2025) ORDER Granting 219 Joint Motion to Postpone Submission of Pretrial Order by Two Weeks. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 04/15/2025) MOTION to Bifurcate by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Percy v. Charter Twp. Of Canton, # 3 Exhibit 2 - Pennsylvania v. Allegheny Energy, Inc., # 4 Exhibit 3 - Nat. Res. Def. Council, Inc. v. Illinois Power Res. Generating, LLC, # 5 Exhibit 4 - United States v. Hamilton, # 6 Exhibit 5 - Johnson v. Swift Transp. Co. of Arizona, LLC, # 7 Exhibit 6 - United States v. Corning Glass Works, # 8 Exhibit 7 - Nat'l Parks Conservation Ass'n, Inc. v. Tennessee Valley Auth., # 9 Exhibit 8 - City of Holland v. Fed. Ins. Co., # 10 Exhibit 9 - United States v. Duke Energy Corp.) (Hindelang, Michael) (Entered: 04/18/2025) NOTICE TO APPEAR IN PERSON:

Bench Trial reset for 7/14/2025 at 09:00 AM before District Judge Gershwin A. Drain. (MarW) (Entered: 04/21/2025) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Status Conference held on 4/21/2025. (Court Reporter: Merilyn Jones) (MarW) (Entered: 04/21/2025) ORDER Regarding Motions to Seal (ECF Nos. 143 , 167 , 177 , 206 , 225 ) and Terminating as Moot Motion to Compel (ECF No. 151 ) and Motion to Strike Dr. Sahu's Expert Report (ECF No. 170 ). Signed by Magistrate Judge Curtis Ivy, Jr. (SKra) (Entered: 04/22/2025) AMENDED SCHEDULING ORDER: Bench Trial reset for 8/11/2025 at 9:00 AM before District Judge Gershwin A. Drain. Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (MarW) (Entered: 04/22/2025) TEXT-ONLY NOTICE: Final Pretrial Conference on 6/23/2025 is Cancelled (MarW) (Entered: 04/22/2025) NOTICE OF IN PERSON HEARING on 162 MOTION for Partial Summary Judgment , 168 MOTION for Summary Judgment , 159 MOTION for Partial Summary Judgment on Liability of Defendant EES Coke, 169 MOTION for Summary Judgment . Motion Hearing set for 6/23/2025 at 02:00 PM before District Judge Gershwin A. Drain. (MarW) (Entered: 04/22/2025) Ex Parte MOTION for Withdrawal of Attorney Elizabeth L. Loeb by United States. (Benson, Thomas) (Entered: 04/23/2025) TEXT-ONLY NOTICE: Motion Hearing on 6/5/2025 is Cancelled re 216 Notice of Hearing on Motion. (SKra) (Entered: 04/23/2025) NOTICE OF IN PERSON HEARING on 156 MOTION to Partially Exclude the Expert Testimony of Virginia Galinsky Under Federal Rule of Evidence 702, 164 MOTION to Partially Exclude the Testimony of Lyle Chinkin , 145 MOTION to Limit the Expert Testimony of Virginia Galinsky and to Compel her Deposition , 158 MOTION to Exclude Opinions of Defendants' Witness Dr. Kathryn Kelly , 165 MOTION to Exclude Testimony of Defendants' Witness Dr. Kathryn Kelly , 166 MOTION to Exclude the Testimony of Dr. Joel Schwartz , 161 MOTION to Exclude Testimony of Defendants' Witness Brian Leahy .

Motion Hearing set for 5/28/2025 10:00 AM before Magistrate Judge Curtis Ivy Jr. (SKra) (Entered: 04/23/2025) Notice of Determination of Motion Without Oral Argument re 171 MOTION to Strike (Defendants' Motion to Partially Exclude and Strike Testimony of Dan Leistra-Jones), 160 MOTION Exclude the Expert Testimony of Eric Marko , 157 MOTION to Exclude the Testimony of Deborah Gentile (SKra) (Entered: 04/23/2025) ORDER Granting 244 Withdrawal of Counsel. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 04/24/2025) (Court only) *** Attorney Elizabeth L. Loeb terminated. (MarW) (Entered: 04/24/2025) MOTION TO EXTEND Deadline to File Renewed Motion to Seal re 241 Order on Motion to Seal,, Order on Motion to Produce,,,, Order on Motion - Free,,,,,,, by All Defendants. (Hindelang, Michael) (Entered: 04/25/2025) ORDER REFERRING MOTION to Magistrate Judge Curtis Ivy, Jr: 221 MOTION to Strike 195 Reply to Response to Motion, 194 Reply to Response to Motion,, MOTION for Leave to File Sur-Reply Brief filed by United States. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 04/30/2025) JOINT STIPULATION AND ORDER to Extend Deadline to File Renewed Motion to Seal. Defendant to file motion by 5/12/2025. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 04/30/2025) JOINT STIPULATION AND ORDER Regarding Parties' Protective Order and Motion to Seal. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 05/01/2025) RESPONSE to 239 MOTION to Bifurcate filed by United States. (Attachments: # 1 Attachment A (Order in Public Citizen v. American Electric Power Co.)) (Benson, Thomas) (Entered: 05/02/2025) RESPONSE to 239 MOTION to Bifurcate filed by Sierra Club. (Rock, Mary) (Entered: 05/02/2025) AMENDED SCHEDULING ORDER:

Bench Trial reset for 9/15/2025 at 9:00 AM before District Judge Gershwin A. Drain. Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (TVil) (Entered: 05/06/2025) ORDER REFERRING OTHER MATTERS to Magistrate Judge Ivy: Settlement Conference (July 2025). Signed by District Judge Gershwin A. Drain. (TVil) (Entered: 05/06/2025) MOTION for Withdrawal of Attorney Makram B. Jaber, Eugene E. Mathews, III, and Christopher E. Trible by All Defendants. (Jaber, Makram) (Entered: 05/06/2025) ORDER Granting Motion for Withdrawal of Counsel 256 . Signed by District Judge Gershwin A. Drain. (TVil) (Entered: 05/07/2025) (Court only) *** Attorney Christopher E. Trible; Makram B Jaber and Eugene Edward Mathews, III terminated. (TVil) (Entered: 05/07/2025) REPLY to Response re 239 MOTION to Bifurcate filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Heart versus head: Do judges follow the law or follow their feelings, # 3 Exhibit 2 - Weathers v. Healthcare Servs. Grp., Inc.) (Hindelang, Michael) (Entered: 05/09/2025) ORDER on Motions to Exclude (ECF Nos. 157 , 160 , 171 ). Signed by Magistrate Judge Curtis Ivy, Jr. (SKra) (Entered: 05/12/2025) AMENDED 145 MOTION to Limit the Expert Testimony of Virginia Galinsky and to Compel her Deposition by All Defendants (Exs. 4, 6 and 7 to ECF No. 145) (Attachments: # 1 Exhibit 4 - Excerpts of Corporate Representative Deposition of Virginia Galinsky (3/6/2024), # 2 Exhibit 6 - Second Expert Disclosure of Virginia Galinsky, # 3 Exhibit 7 - Third Expert Disclosure of Virginia Galinsky) (Hindelang, Michael) (Entered: 05/12/2025) AMENDED 168 MOTION for Summary Judgment by All Defendants (Exs. 1, 6, 11, 19 and 20) (Attachments: # 1 Exhibit 1 - Expert Report of Colin Campbell, # 2 Exhibit 6 - Excerpts of the Deposition of J. Brunner, # 3 Exhibit 11 - EES COKE_0113011, # 4 Exhibit 19 - Excerpts of the Deposition of Dave Fanning, # 5 Exhibit 20 - Excerpts of the Corporate Representative Deposition of Virginia Galinsky) (Hindelang, Michael) (Entered: 05/12/2025) AMENDED 169 MOTION for Summary Judgment by All Defendants (Exs. 1, 3-5, 7, 9-12, 14-16, 20-21, 23-25) (Attachments: # 1 Exhibit 1 - EES Coke_0083542, # 2 Exhibit 3 - Ronald K. Burnette Corporate Representative Dep. Transcript, # 3 Exhibit 4 - Ronald K. Burnette Dep. Transcript, # 4 Exhibit 5 - Fadi Mourad Dep. Transcript, # 5 Exhibit 7 - EES_Coke_0113013, # 6 Exhibit 9 - EES Coke_0133916, # 7 Exhibit 10 - EES Coke_0083117, # 8 Exhibit 11 - EES Coke_00113914, # 9 Exhibit 12 - DTE ES_00000221, # 10 Exhibit 14 - EES Coke_0083099, # 11 Exhibit 15 - Brenna Harden Dep. Transcript, # 12 Exhibit 16 - United States' Responses and Objections to EES Coke Battery's First Interrogatories, # 13 Exhibit 20 - Daniel Leistra-Jones Dep. Transcript, # 14 Exhibit 21 - New Defendants' Answers and Objections to United States' First Set of RFPs, # 15 Exhibit 23 - EES Coke's Responses and Objections to United States' Third Set of Interrogatories, # 16 Exhibit 24 - EES Coke_0114384, # 17 Exhibit 25 - EES Coke_0114369) (Hindelang, Michael) (Entered: 05/12/2025) AMENDED 207 Sealed Response to Motion, 209 Sealed Exhibit by Sierra Club (Unsealed Version of Sierra Club's Response to EES Coke's Motion for Summary Judgment) (Attachments: # 1 Exhibit 1 - Agreement with NTH Consulting, EES Coke_0089791-94, # 2 Exhibit 3 - Presentation on Environmental Challenges, EES Coke_0114452-61) (Rock, Mary) (Entered: 05/12/2025) AMENDED 208 Reply to Response to Motion,,,,,, by All Defendants (Exs. 2, 4-10, 12 and 18) (Attachments: # 1 Exhibit 2 - Excerpts of the Deposition of Dave Fanning, # 2 Exhibit 4 - EES COKE_0026022, # 3 Exhibit 5 - Expert Report of Philippe van der Poel, # 4 Exhibit 6 - Excerpts of the Deposition of Philippe van der Poel, # 5 Exhibit 7 - Excerpts of the Deposition of Fadi Mourad, # 6 Exhibit 8 - Excerpts of the Deposition of Frank Jere, # 7 Exhibit 9 - Excerpts of the Corporate Representative Deposition of Ron Burnette, # 8 Exhibit 10 - EES COKE_0078172, # 9 Exhibit 12 - Excerpts of the Deposition of Colin Campbell, # 10 Exhibit 18 - Demonstrative Chart reflecting Emissions Data) (Hindelang, Michael) (Entered: 05/12/2025) AMENDED 211 Reply to Response to Motion, by All Defendants (Exs. 1 and 2) (Attachments: # 1 Exhibit 1 - Leistra-Jones Deposition Excerpts, # 2 Exhibit 2 - Demonstrative Chart Contrasting Facts Regarding EES Cokes Operations) (Hindelang, Michael) (Entered: 05/12/2025) AMENDED 212 Response to Motion,,,, by All Defendants (Exs. 10, 11 and 13) (Attachments: # 1 Exhibit 10 - Burnette Deposition Transcript, # 2 Exhibit 11 - van der Poel Report, # 3 Exhibit 13 - Amended Saini Expert Report) (Hindelang, Michael) (Entered: 05/12/2025) AMENDED 227 Reply to Response to Motion, by All Defendants (Ex. 2) (Attachments: # 1 Exhibit 2 - Zervas Dep. Excerps) (Hindelang, Michael) (Entered: 05/12/2025) AMENDED 229 Reply to Response to Motion, by All Defendants (Reply Brief and Ex. 1) (Attachments: # 1 Exhibit 1 - EES Cokes Answers and Objections to Plaintiffs Third Set of Interrogatories) (Hindelang, Michael) (Entered: 05/12/2025) MOTION to Seal by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - List of Documents Previously Filed Under Seal, # 3 Exhibit 2 - Description of Basis for Sealing Documents for which Sealing is Still Requested, # 4 Exhibit 3 - Declaration of Lewis Benson, # 5 Exhibit 4 - MT Study (EES COKE_0045231), # 6 Exhibit 5 - Expert Report of Lewis Benson, # 7 Exhibit 6 - Letter from A. Hayden to T. Benson, # 8 Exhibit 7 - Expert Report of R. Sahu, # 9 Exhibit 8 - Excerpts of the Corporate Representative Deposition of M. Shafer, # 10 Exhibit 9 - RTP Environmentals New Source Review Teaching Slides, # 11 Exhibit 10 - Excerpts of the Deposition of J. Howard, # 12

Exhibit 11 - EES COKE_0113852, # 13 Exhibit 12 - EES COKE_0113736, # 14 Exhibit 13 - Excerpts of the Deposition of D. Smith, # 15 Exhibit 14 - Excerpts of the Deposition of S. Patterson, # 16 Exhibit 15 - EES COKE_0001256, # 17 Exhibit 16 - Revised Expert Report of R. Sahu, # 18 Exhibit 17 - Expert Report of D. Leistra-Jones, # 19 Exhibit 18 - Supplemental Expert Report of D. Leistra-Jones, # 20 Exhibit 19 - Declaration of M. Cohen, # 21 Exhibit 20 - United States Response to Investor Defendants Motion for Summary Judgment, # 22 Exhibit 21 - New Defendants Amended Answers and Objections to Plaintiffs First Set of Interrogatories, # 23 Exhibit 22 - EES COKE_0113790, # 24 Exhibit 23 - EES COKE_0061426, # 25 Exhibit 24 - DTE_ES_000000053, # 26 Exhibit 25 - EES COKE_0114344, # 27 Exhibit 26 - Defendants Response in Opposition to Sierra Clubs Motion for Summary Judgment, # 28 Exhibit 27 - Declaration of D. Smith, # 29 Exhibit 28 - Reply Brief in Support of Investor Defendants Motion for Summary Judgment against United States, # 30 Exhibit 29 - EES COKE_0113736) (Hindelang, Michael) (Entered: 05/12/2025) SEALED EXHIBIT re 269 MOTION to Seal by All Defendants. (Attachments: # 1 Exhibit 3 - Declaration of Lewis Benson, # 2 Exhibit 4 - MT Study (EES COKE_0045231), # 3 Exhibit 5 - Expert Report of Lewis Benson, # 4 Exhibit 6 - Letter from A. Hayden to T. Benson, # 5 Exhibit 7 - Expert Report of R. Sahu, # 6 Exhibit 8 - Excerpts of the Corporate Representative Deposition of M. Shafer, # 7 Exhibit 9 - RTP Environmentals New Source Review Teaching Slides, # 8 Exhibit 10 - Excerpts of the Deposition of J. Howard, # 9 Exhibit 11 - EES COKE_0113852, # 10 Exhibit 12 - EES COKE_0113736, # 11 Exhibit 13 - Excerpts of the Deposition of D. Smith, # 12 Exhibit 14 - Excerpts of the Deposition of S. Patterson, # 13 Exhibit 15 - EES COKE_0001256, # 14 Exhibit 16 - Revised Expert Report of R. Sahu, # 15 Exhibit 17 - Expert Report of D. Leistra-Jones, # 16 Exhibit 18 - Supplemental Expert Report of D. Leistra-Jones, # 17 Exhibit 19 - Declaration of M. Cohen, # 18 Exhibit 20 - United States Response to Investor Defendants Motion for Summary Judgment, # 19 Exhibit 21 - New Defendants Amended Answers and Objections to Plaintiffs First Set of Interrogatories, # 20 Exhibit 22 - EES COKE_0113790, # 21 Exhibit 23 - EES COKE_0061426, # 22 Exhibit 24 - DTE_ES_000000053, # 23 Exhibit 25 - EES COKE_0114344, # 24 Exhibit 26 - Defendants Response in Opposition to Sierra Clubs Motion for Summary Judgment, # 25 Exhibit 27 - Declaration of D. Smith, # 26 Exhibit 28 - Reply Brief in Support of Investor Defendants Motion for Summary Judgment against United States, # 27 Exhibit 29 - EES COKE_0113736) (Hindelang, Michael) (Entered: 05/12/2025) NOTICE TO APPEAR IN PERSON:

Settlement Conference set for 7/29/2025 10:00 AM before Magistrate Judge Curtis Ivy Jr. ***PLEASE SEE NOTICE FOR IMPORTANT DEADLINES*** (SKra) (Entered: 05/13/2025) NOTICE TO APPEAR REMOTELY: Status Conference set for 5/15/2025 03:30 PM before Magistrate Judge Curtis Ivy Jr. ***Microsoft Teams Link will be emailed to parties*** (SKra) (Entered: 05/13/2025) ORDER REFERRING MOTION to Magistrate Judge Curtis Ivy, Jr: 269 MOTION to Seal filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 05/15/2025) Minute Entry for remote proceedings before Magistrate Judge Curtis Ivy, Jr: Telephonic Status Conference held on 5/15/2025 (Court Reporter: None Present, Not on the Record) (SKra) (Entered: 05/15/2025) TRANSCRIPT of Status Conference held on 4/21/2025. (Court Reporter/ Transcriber: Merilyn Jones) (Number of Pages: 20) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 6/9/2025. Redacted Transcript Deadline set for 6/20/2025. Release of Transcript Restriction set for 8/18/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber/ www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jones, M) (Entered: 05/19/2025) OBJECTION to 259 Order on Motion - Free,, Order on Motion to Strike (Defendants' Objections to Magistrate Judge Ivy's May 12, 2025, Order on Motions to Exclude) by All Defendants. (Hindelang, Michael) (Entered: 05/27/2025) RESPONSE to 269 MOTION to Seal filed by Sierra Club. (Rock, Mary) (Entered: 05/27/2025) Minute Entry for in-person proceedings before Magistrate Judge Curtis Ivy, Jr: Motion Hearing held on 5/28/2025 re 158 MOTION to Exclude Opinions of Defendants' Witness Dr. Kathryn Kelly filed by Sierra Club, 161 MOTION to Exclude Testimony of Defendants' Witness Brian Leahy filed by United States, 145 MOTION to Limit the Expert Testimony of Virginia Galinsky and to Compel her Deposition filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc., 166 MOTION to Exclude the Testimony of Dr. Joel Schwartz filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc., 156 MOTION to Partially Exclude the Expert Testimony of Virginia Galinsky Under Federal Rule of Evidence 702 filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc., 165 MOTION to Exclude Testimony of Defendants' Witness Dr. Kathryn Kelly filed by United States, 164 MOTION to Partially Exclude the Testimony of Lyle Chinkin filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc. Disposition: Motion taken under advisement (Court Reporter: Digitally Recorded) (SKra) (Entered: 05/28/2025) REPLY to Response re 269 MOTION to Seal filed by All Defendants. (Hindelang, Michael) (Entered: 06/03/2025) OMNIBUS OPINION AND ORDER ON ECF Nos. 145 , 156 , 158 , 161 , 164 , 165 , 166 , 221 , 221 and 269 . Signed by Magistrate Judge Curtis Ivy, Jr. (SKra) (Entered: 06/09/2025) NOTICE OF IN PERSON HEARING on 162 MOTION for Partial Summary Judgment , 168 MOTION for Summary Judgment , 159 MOTION for Partial Summary Judgment on Liability of Defendant EES Coke, 169 MOTION for Summary Judgment .

Motion Hearing reset for 7/28/2025 at 11:00 AM before District Judge Gershwin A. Drain. (MarW) (Entered: 06/10/2025) TEXT-ONLY ORDER Requiring Any Objections Regarding 278 Order on Motion to be Filed by June 17, 2025. (Responses due by 6/24/2025, Replies due by June 27, 2025). Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 06/10/2025) RESPONSE to 275 Objection (United States' Opposition to Defendants' objections to Magistrate Judge Ivy's May 12, 2025 Order) by United States. (Attachments: # 1 Exhibit Appendix A) (Alvarenga, Sasha) (Entered: 06/10/2025) OBJECTION to 278 Order on Motion - Free,,,,,,, Order on Motion to Strike, Order on Motion for Leave to File, Order on Motion to Seal by Sierra Club. (Rock, Mary) (Entered: 06/17/2025) APPEAL OF MAGISTRATE JUDGE DECISION by United States re 278 Order on Motion - Free,,,,,,, Order on Motion to Strike, Order on Motion for Leave to File, Order on Motion to Seal. (Ricci, Samantha) [DOCUMENT IS TITLED: UNITED STATES OBJECTION TO MAGISTRATE JUDGE IVYS JUNE 9, 2025 ORDER ON MOTIONS TO EXCLUDE] Modified on 6/18/2025 (LGra). (Entered: 06/17/2025) REPLY to 275 Objection (Reply Brief in Support of Defendants' Objections to the Magistrate Judge's May 12, 2025, Order on Motions to Exclude) by All Defendants. (Attachments: # 1 Exhibit 1 - Deposition Transcript Daniel Leistra- Jones (excerpts), # 2 Exhibit 2 - Deposition Transcript Mark Cohen (excerpts)) (Hindelang, Michael) (Entered: 06/17/2025) OBJECTION to 278 Order on Motion - Free,,,,,,, Order on Motion to Strike, Order on Motion for Leave to File, Order on Motion to Seal (Defendants' Partial Objection to Magistrate Judge Ivy's June 9, 2025 Omnibus Opinion and Order) by All Defendants. (Attachments: # 1 Exhibit 1 - Deposition Transcript of Gurinder Saini (excerpt)) (Hindelang, Michael) (Entered: 06/17/2025) AMENDED 121 Response to Motion, by United States (Exhibits 2, 4, 7, 8, and 12) (Attachments: # 1 Ex. 2 (Benson Declaration), # 2 Ex. 4 (Benson Expert Report), # 3 Ex. 7 (Sahu Expert Report), # 4 Ex. 8 (Sahu Declaration), # 5 Ex. 12 (Shafer Dep. Excerpt)) (Alvarenga, Sasha) (Entered: 06/20/2025) AMENDED 159 MOTION for Partial Summary Judgment on Liability of Defendant EES Coke by United States (Exhibits 5, 7, and 12) (Attachments: # 1 Ex. 5 (Shafer Dep.), # 2 Ex. 7 (Burnette Dep.), # 3 Ex. 12 (Marko Dep.)) (Alvarenga, Sasha) (Entered: 06/20/2025) AMENDED 163 Sealed Exhibit, by United States (Exhibit 2 re 160 MOTION Exclude the Expert Testimony of Eric Marko) (Attachments: # 1 Ex. 2 (Marko Dep.)) (Alvarenga, Sasha) (Entered: 06/20/2025) AMENDED 182 Sealed Response to Motion by United States (response brief and Ex. 1) (Attachments: # 1 Ex. 1 (Leistra-Jones Dep. Excerpt)) (Alvarenga, Sasha) (Entered: 06/20/2025) AMENDED 201 Sealed Response to Motion,,,,,, by United States (United States' Response to Parent Defendants' Motion for Summary Judgment; Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 14, 15, 19, 20, 21, 22, and 23) (Attachments: # 1 Ex. 1 Smith Dep., # 2 Ex. 2 2008 MSA, # 3 Ex. 3 Energy Services Employees, # 4 Ex. 4 Burnette 30(b)(6) Dep., # 5 Ex. 5 Burnette Dep., # 6 Ex. 6 Shafer 30(b)(6) Dep., # 7 Ex. 7 New Defendants Answers to U.S. First Interrogatories, # 8 Ex. 8 EES Coke Response to U.S Third Interrogatories, # 9 Ex. 9 Sanch Dep., # 10 Ex. 10 Zervas Dep., # 11 Ex. 11 Harden Dep., # 12 Ex. 12 Mourad Dep., # 13 Ex. 13 Energy Resources Employees, # 14 Ex. 14 Cash Management Agreement, # 15 Ex. 16 Gross Email, # 16 Ex. 17 Stack Test Email, # 17 Ex. 18 Patterson 30(b)(6) Dep., # 18 Ex. 19 Request Form, # 19 Ex. 20 Joint Consent Action Form, # 20 Ex. 21 Stiers Email, # 21 Ex. 22 Energy Resources MSA, # 22 Ex. 23 Howard 30(b)(6) Dep., # 23 Ex. 24 Mourad Email) (Alvarenga, Sasha) (Entered: 06/20/2025) AMENDED 203 Response to Motion by United States (Exhibits 1 and 2) (Attachments: # 1 Ex. 1 Campbell Dep., # 2 Ex. 2 Shafer 30(b)(6) Dep.) (Alvarenga, Sasha) (Entered: 06/20/2025) RESPONSE to 281 Objection (Defendants' Response to Intervening-Plaintiff Sierra Club's Objections to Magistrate Judge Ivy's June 9, 2025 Omnibus Opinion and Order) by All Defendants. (Hindelang, Michael) (Entered: 06/24/2025) RESPONSE to 282 Appeal of Magistrate Judge Decision, (Defendants' Response to Plaintiff's Objection to Magistrate Judge Ivy's June 9, 2025 Omnibus Opinion and Order (ECF No. 282)) by All Defendants. (Hindelang, Michael) (Entered: 06/24/2025)

MEMORANDUM re 284 Objection, United States' Response to Defendants' Objections to Magistrate Judge Ivy's June 9, 2025 Omnibus Opinion and Order by United States (Ricci, Samantha) (Entered: 06/24/2025) REPLY to Response Sierra Club's Reply in Support of Objections (ECF No. 281) filed by Sierra Club. (Rock, Mary) (Entered: 06/27/2025) AMENDED 169 MOTION for Summary Judgment by All Defendants (Public Version of Exhibits 2, 6, 8, 13, 19, 22, 26) (Attachments: # 1 Exhibit 2 - James Howard Deposition Transcrip, # 2 Exhibit 6 - EES Coke_0113852, # 3 Exhibit 8 - EES Coke_0113736, # 4 Exhibit 13 - David Smith Deposition Transcript, # 5 Exhibit 19 - Shawn Patterson Deposition Transcript, # 6 Exhibit 22 - EES Coke_0001256, # 7 Exhibit 26 - Defendants Response to Interrogatories) (Hindelang, Michael) (Entered: 06/27/2025) AMENDED by All Defendants Amended Exhibits to ECF No. 170 (Public Version of Exhibits 6, 7, 12) (Attachments: # 1 Exhibit 6 - Revised Expert Report of Dr. Ranajit Sahu, # 2 Exhibit 7 - Rebuttal Expert Report of Dr. Ranajit Sah, # 3 Exhibit 12 - Excerpts of the Corporate Representative Deposition of Virginia Galinsky) (Hindelang, Michael) (Entered: 06/27/2025) AMENDED by All Defendants Amended Brief and Exhibits to ECF No. 171 (Public Version of Brief in Support of Defendants' Motion to Partially Exclude and Strike Testimony of Dan Leistra-Jones and Exhibits 1, 2, 4, 12) (Attachments: # 1 Exhibit 1 - Expert Report of Dan Leistra-Jones, # 2 Exhibit 2 - Excerpts of Deposition of Dan Leistra-Jones, # 3 Exhibit 4 - Supplemental Expert Report of Dan Leistra-Jones, # 4 Exhibit 12 - Declaration of Mark Cohen) (Hindelang, Michael) (Entered: 06/27/2025) AMENDED 212 Response to Motion,,,, by EES Coke Battery, LLC (Public Version of EES Coke's Response in Opposition to Intervening-Plaintiff Sierra Club's Motion for Summary Judgment and Exhibit 12) (Attachments: # 1 Exhibit 12 - David Smith Declaration) (Hindelang, Michael) (Entered: 06/27/2025) MEMORANDUM re 282 Appeal of Magistrate Judge Decision, United States' Reply Brief in Support of Objection to Magistrate Judge Ivy's June 9, 2025 Order by United States (Ricci, Samantha) (Entered: 06/27/2025) AMENDED 227 Reply to Response to Motion, by DTE Energy Co., DTE Energy Resources, LLC, DTE Energy Services, Inc. (Public Version of Reply Brief in Support of Motion for Summary Judgment by Defendants DTE Energy Services Inc., DTE Energy Resources LLC, and DTE Energy Company and Exhibits 1, 3-5) (Attachments: # 1 Exhibit 1 - Interrogatory No. 5, # 2 Exhibit 3 - 2008 MSA, # 3 Exhibit 4 - Howard Dep. excerpts, # 4 Exhibit 5 - S. Patterson Dep. excerpts) (Hindelang, Michael) (Entered: 06/27/2025) REPLY to 284 Objection, (Defendants' Reply in Support of Objections to Magistrate Judge Ivy's June 9, 2025, Omnibus Opinion and Order) by All Defendants. (Hindelang, Michael) (Entered: 06/27/2025) OPINION and ORDER Overruling Objections to Magistrate Judge's Discovery Orders 275 , 281 , 282 , 284 . Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 07/17/2025) AMENDED NOTICE OF IN PERSON HEARING on 162 MOTION for Partial Summary Judgment , 168 MOTION for Summary Judgment , 159 MOTION for Partial Summary Judgment on Liability of Defendant EES Coke, 169 MOTION for Summary Judgment .

Motion Hearing reset for 8/4/2025 at 11:00 AM before District Judge Gershwin A. Drain. (MarW) (Entered: 07/17/2025) Minute Entry for in-person proceedings before Magistrate Judge Curtis Ivy, Jr: Settlement Conference held on 7/29/2025 Disposition: No settlement reached (Court Reporter: None Present, Not on the Record) (SKra) (Entered: 07/29/2025) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Motion Hearing held on 8/4/2025 re 168 MOTION for Summary Judgment filed by EES Coke Battery, LLC, 169 MOTION for Summary Judgment filed by DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc., 159 MOTION for Partial Summary Judgment on Liability of Defendant EES Coke filed by United States, 162 MOTION for Partial Summary Judgment filed by Sierra Club. Disposition: Motions taken under advisement. (Court Reporter: David Yarbrough) (MarW) (Entered: 08/04/2025) NOTICE TO APPEAR IN PERSON: Final Pretrial Conference reset for 8/27/2025 at 02:00 PM before District Judge Gershwin A. Drain. (MarW) (Entered: 08/04/2025) MOTION in Limine (Defendants' Motion in Limine No. 3 to Exclude Irrelevant and Prejudicial “Pollution Allegations”) by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - United States v. Zube, # 3 Exhibit 2 - Walker v. Daimler-Chrysler Corp., # 4 Exhibit 3 - Johnson v. Burt, # 5 Exhibit 4 - Damron v. Fox, # 6 Exhibit 5 - United States v. Morris) (Hindelang, Michael) (Entered: 08/11/2025) MOTION for Order Setting Forth Burden of Proof by All Defendants. (Hindelang, Michael) (Entered: 08/11/2025) MOTION in Limine (Defendants' Motion in Limine No. 6 to Bar Plaintiff from Submitting as Evidence 30(b)(6) Deposition Testimony of Available Witnesses) by All Defendants. (Hindelang, Michael) (Entered: 08/11/2025) MOTION in Limine No. 1: Defendants' Excessive Witness List by United States. (Attachments: # 1 Exhibit 1 - Defendants' Witness List, # 2 Exhibit 2 - EES Coke's Amended Initial Disclosures) (Alvarenga, Sasha) (Entered: 08/11/2025) MOTION in Limine United States' Motion in Limine No. 4 to Exclude Inapposite Harm Evidence and Argument by United States. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1. EPA SILs Guidance, # 3 Exhibit 2. NSR Workshop Manual (Excerpts), # 4 Exhibit 3. EGLE Exhibit - SO2 Emissions From Large Sources in Michigan, # 5 Exhibit 4. K. Kelly Dep. Transcript (Excerpt)) (Ricci, Samantha) (Entered: 08/11/2025) MOTION in Limine (Defendants' Motion in Limine No. 1 to Preclude Plaintiff from Challenging the Determination of the Stationary Source) by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - EES COKE_0098710, # 3 Exhibit 2 - EES COKE_0029991, # 4 Exhibit 3 - Mourad Dep. Tr. (excerpt), # 5 Exhibit 4 - EGLE_0006062, # 6 Exhibit 5 - EGLE_0006060, # 7 Exhibit 6 - Blathras 30(b)(6) Dep. Tr. (excerpt), # 8 Exhibit 7 - Galinsky Dep. Tr. (excerpt), # 9 Exhibit 8 - US-EPA-0016294, # 10 Exhibit 9 - United States First Set of Requests for Admission, # 11 Exhibit 10 - EES Cokes Answers and Objections to Plaintiff United States First Set of Requests for Admission, # 12 Exhibit 11 - Campbell Dep. Tr. (excerpt), # 13 Exhibit 12 - Marko Dep. Tr. (excerpt), # 14 Exhibit 13 - Zervas Dep. Tr. (excerpt), # 15 Exhibit 14 - United States v. Zube, # 16 Exhibit 15 - Ruth v. Superior Consultant Holdings, # 17 Exhibit 16 - ABC Beverage v. United States, # 18 Exhibit 17 - 2017-12-07 EPA Guidance, # 19 Exhibit 18 - 2020-02-12 Guidance Letter, # 20 Exhibit 19 - Moore v. Rees, # 21 Exhibit 20 - Stephenson v. Fam. Sols. of Ohio, # 22 Exhibit 21 - Perez v. KDE Equine, # 23 Exhibit 22 - United States v. Five Thousand Two Hundred Dollars in U.S. Currency, # 24 Exhibit 23 - Reo v. Lindstedt) (Hindelang, Michael) (Entered: 08/11/2025) MOTION in Limine (Defendants' Motion in Limine No. 4 Regarding Virginia Galinsky's Rebuttal Opinions) by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Michigan Guide to Air Use Permits to Install, # 3 Exhibit 2 - Excerpts of the Corporate Representative Deposition of M. Shafer, # 4 Exhibit 3 - Excerpt of EES COKE_0034415, # 5 Exhibit 4 - NSR Workshop Manual, # 6 Exhibit 5 - EES COKE_0045297) (Hindelang, Michael) (Entered: 08/11/2025) MOTION in Limine U.S. MIL #2: Excluding Evidence and Argument Regarding U.S. Steel Emissions by United States. (Attachments: # 1 Ex. 1 (U.S. Requests for Admission), # 2 Ex. 2 (S. Zervas Email)) (Benson, Thomas) (Entered: 08/11/2025) MOTION in Limine U.S. MIL #3: Excluding Certain Evidence and Arguments Regarding the 2014 Permit by United States. (Benson, Thomas) (Entered: 08/11/2025) MOTION in Limine (Defendants' Motion in Limine No. 2 to Exclude Testimony and Argument About Sierra Club Members) by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Guthrie v. Ball, # 3 Exhibit 2 - Gleed v.

AT&T Servs., # 4 Exhibit 3 - Johnson v. Greenlee, # 5 Exhibit 4 - Kovacic v. Ponstingle, # 6 Exhibit 5 - Fakhoury v. Oreilly, # 7 Exhibit 6 - Surface v. City of Flint, # 8 Exhibit 7 - Ward v. Shelby Cnty.) (Hindelang, Michael) (Entered: 08/11/2025) MOTION in Limine (Defendants' Omnibus Motion in Limine No. 5 Bar Irrelevant Evidence and Argument Contrary to Law) by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - United States v. Zube, # 3 Exhibit 2 - United States v. Fieger, # 4 Exhibit 3 - Nevels v. Deerbrook Ins. Co., # 5 Exhibit 4 - Innovation Ventures, L.L.C. v. Custom Nutrition Lab'ys, L.L.C., # 6 Exhibit 5 - Blaine v. Wyoming City Manager, # 7 Exhibit 6 - 2018-03-13 Pruitt Memo, # 8 Exhibit 7 - EES COKE_0098710, # 9 Exhibit 8 - Galinsky Dep. Tr. (excerpt), # 10 Exhibit 9 - ABC Beverage Corp. & Subsidiaries v. United States, # 11 Exhibit 10 - Ruth v. Superior Consultant Holdings Corp., # 12 Exhibit 11 - 2015-12-17 Smith letter to Gleeson, # 13 Exhibit 12 - 2013-03-25 Smith letter to Massoth) (Hindelang, Michael) (Entered: 08/11/2025) TEXT-ONLY ORDER Requiring Expedited Briefing as to Motions in Limine (ECF Nos. 305, 307-308). (Responses due by 8/22/2025, Replies due by 8/29/2025). Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 08/12/2025) ORDER Requiring Supplemental Briefing. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 08/12/2025) TRANSCRIPT of Hearing on Motions for Summary Judgment held on 8/4/2025. (Court Reporter/Transcriber: David B. Yarbrough) (Number of Pages: 70) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 9/3/2025. Redacted Transcript Deadline set for 9/15/2025. Release of Transcript Restriction set for 11/12/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/ Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Yarbrough, David) (Entered: 08/13/2025) SUPPLEMENTAL BRIEF re 316 Order (Defendants' Supplemental Briefing Regarding Stationary Source Determination Pursuant to ECF No. 316) filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - ROP Staff Report, # 3 Exhibit 2 - Demonstrative Exhibit Showing Source-Wide Emissions Compared to Baseline, # 4 Exhibit 3 - 2019-11-26 EPA Memo) (Hindelang, Michael) (Entered: 08/15/2025) SUPPLEMENTAL BRIEF re 316 Order filed by United States. (Attachments: # 1 Ex. 1 (NTH Letter), # 2 Ex. 2 (EPA Guidelines)) (Benson, Thomas) (Entered: 08/15/2025) [STRICKEN - Document can not be opened due to incompatible font] RESPONSE to 310 MOTION in Limine (Defendants' Motion in Limine No. 1 to Preclude Plaintiff from Challenging the Determination of the Stationary Source) filed by Sierra Club. (Leonard, Nicholas) Modified on 8/18/2025 (MChr). (Entered: 08/15/2025) NOTICE by Sierra Club re 316 Order Notice Regarding Order Requiring Supplemental Briefing (Leonard, Nicholas) (Entered: 08/15/2025) NOTICE of Error directed to: Nicholas Leonard re 320 Response to Motion. Other Font of document is not compatible. Please reupload. [No Image Associated with this docket entry] (MChr) (Entered: 08/18/2025) RESPONSE to 310 MOTION in Limine (Defendants' Motion in Limine No. 1 to Preclude Plaintiff from Challenging the Determination of the Stationary Source) filed by Sierra Club. (Rock, Mary) (Entered: 08/18/2025) RESPONSE to 307 MOTION in Limine (Defendants' Motion in Limine No. 6 to Bar Plaintiff from Submitting as Evidence 30(b)(6) Deposition Testimony of Available Witnesses) filed by United States. (Alvarenga, Sasha) (Entered: 08/21/2025) RESPONSE to 315 MOTION in Limine (Defendants' Omnibus Motion in Limine No. 5 Bar Irrelevant Evidence and Argument Contrary to Law) filed by Sierra Club. (Leonard, Nicholas) (Entered: 08/22/2025) RESPONSE to 305 MOTION in Limine (Defendants' Motion in Limine No. 3 to Exclude Irrelevant and Prejudicial “Pollution Allegations”) filed by Sierra Club. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - United States ex rel. Tenn. Valley Auth. v. Easement & Right-of-Way, # 3 Exhibit 2 - American Furukawa, Inc. v. Hossain) (Rock, Mary) (Entered: 08/22/2025) RESPONSE to 315 MOTION in Limine (Defendants' Omnibus Motion in Limine No. 5 Bar Irrelevant Evidence and Argument Contrary to Law) filed by United States. (Benson, Thomas) (Entered: 08/22/2025) RESPONSE to 311 MOTION in Limine (Defendants' Motion in Limine No. 4 Regarding Virginia Galinsky's Rebuttal Opinions) filed by United States. (Attachments: # 1 Ex. 1 (Shafer R. 30(b)(6) Dep.), # 2 Ex. 2 (PowerPoint re Environmental Challenges), # 3 Ex. 3 (RACT Submission)) (Benson, Thomas) (Entered: 08/22/2025) RESPONSE to 314 MOTION in Limine (Defendants' Motion in Limine No. 2 to Exclude Testimony and Argument About Sierra Club Members) filed by Sierra Club. (Attachments: # 1 Exhibit 1 - United States v. Ameren Mo.) (Rock, Mary) (Entered: 08/22/2025) RESPONSE to 305 MOTION in Limine (Defendants' Motion in Limine No. 3 to Exclude Irrelevant and Prejudicial “Pollution Allegations”) filed by United States. (Ricci, Samantha) (Entered: 08/22/2025) RESPONSE to 308 MOTION in Limine No. 1: Defendants' Excessive Witness List filed by All Defendants. (Attachments: # 1 Exhibit 1 - Shawn Patterson Transcript (excerpts)) (Hindelang, Michael) (Entered: 08/22/2025) OPINION AND ORDER Granting the Government's Motion for Partial Summary Judgment (ECF No. 159 ); Denying Defendant EES Coke Battery, LLC's Motion for Summary Judgment (ECF No. 168 ); Denying Defendants DTE Energy Company, DTE Energy Resources, LLC, and DTE Energy Services, Inc.'s Motion for Summary Judgment (ECF No. 169 ); Denying Sierra Club's Motion for Partial Summary Judgment (ECF No. 162 ); and Denying as Moot Defendants' Motion to Bifurcate (ECF No. 239 ). Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 08/25/2025) RESPONSE to 310 MOTION in Limine (Defendants' Motion in Limine No. 1 to Preclude Plaintiff from Challenging the Determination of the Stationary Source) filed by United States. (Attachments: # 1 Ex 1. (2024 Permit Application)) (Benson, Thomas) (Entered: 08/25/2025) RESPONSE to 306 MOTION for Order Setting Forth Burden of Proof filed by United States. (Attachments: # 1 Ex. 1 (Cinergy Jury Instructions excerpt)) (Benson, Thomas) (Entered: 08/25/2025) REPLY to Response re 310 MOTION in Limine (Defendants' Motion in Limine No. 1 to Preclude Plaintiff from Challenging the Determination of the Stationary Source) (as to Sierra Club) filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - United States v. Reynolds, # 3 Exhibit 2 - 2025-04-15 ROP, # 4 Exhibit 3 - PTI-61 Response to Comments, # 5 Exhibit 4 - 2018-04-30 EPA Guidance) (Hindelang, Michael) (Entered: 08/25/2025) RESPONSE to 309 MOTION in Limine United States' Motion in Limine No. 4 to Exclude Inapposite Harm Evidence and Argument (Defendants' Brief in Opposition to United States' Motion in Limine to Exclude Evidence on Clean Air Act Provisions, Individual Harm, and Michigan EGLE SO2 Document) filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - October 2024 EPA Air Quality Report, # 3 Exhibit 2 - March 27, 2019 Brief of United States, # 4 Exhibit 3 - April 15, 2019 Court Order, # 5 Exhibit 4 - Kathryn Kelly Dep Transcript (excerpt)) (Hindelang, Michael) (Entered: 08/25/2025) RESPONSE to 312 MOTION in Limine U.S. MIL #2: Excluding Evidence and Argument Regarding U.S. Steel Emissions (Defendants' Response in Opposition to Plaintiff's Motion in Limine No. 2 to Exclude Evidence and Argument Regarding Emissions Units at Other Facilities) filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Brown v. Oakland Cnty., # 3 Exhibit 2 - Wood v. Third Fed. Sav. & Loan Ass'n, # 4 Exhibit 3 - Castellini v. Skyline Chili, LLC, # 5 Exhibit 4 - AQD-011, # 6 Exhibit 5 - 2011-12-16 EPA letter, # 7 Exhibit 6 - EES COKE_0062330 (excerpt), # 8 Exhibit 7 - EES COKE_0047946, # 9 Exhibit 8 - SIC Grouping 3312) (Hindelang, Michael) (Entered: 08/25/2025) RESPONSE to 313 MOTION in Limine U.S. MIL #3: Excluding Certain Evidence and Arguments Regarding the 2014 Permit (Defendants' Response in Opposition to United States' Motion in Limine to Exclude Irrelevant Evidence and Argument Regarding Collateral Attack and Permit Compliance) filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - D.O.N.C. v. BPH Michigan, # 3 Exhibit 2 - Trutek v. BlueWillow Biologics, # 4 Exhibit 3 - Brown v. Oakland Cnty., # 5 Exhibit 4 - Weber Mfg. Techs. v. Plasan Carbon Composites, # 6 Exhibit 5 - Zitzow v. Auto-Owners Ins., # 7 Exhibit 6 - Club v. Dairyland Power Co-op., # 8 Exhibit 7 - Oregon Envt Council v. Oregon Dept of Envt Quality, # 9 Exhibit 8 - United States v. Alcoa) (Hindelang, Michael) (Entered: 08/25/2025) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Final Pretrial Conference held on 8/27/2025. Disposition: Trial date set. (Court Reporter: Merilyn Jones) (MarW) (Entered: 08/27/2025) ORDER Following Final Pretrial Conference and finding ECF Nos. 220 and 306 Moot. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 08/27/2025) (Court only) ***Motions terminated: 306 MOTION for Order Setting Forth Burden of Proof filed by EES Coke Battery, LLC, DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc., 220 MOTION in Limine filed by United States. (MarW) (Entered: 08/27/2025) NOTICE TO APPEAR IN PERSON:

Bench Trial reset for 9/15/2025 at 08:30 AM before District Judge Gershwin A. Drain. (TIME CHANGE ONLY) (MarW) (Entered: 08/28/2025) REPLY to Response re 307 MOTION in Limine (Defendants' Motion in Limine No. 6 to Bar Plaintiff from Submitting as Evidence 30(b)(6) Deposition Testimony of Available Witnesses) filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Short v. Marvin Keller Trucking, Inc., # 3 Exhibit 2 - AWGI, LLC v. Atlas Trucking Co., LLC, # 4 Exhibit 3 - Jenkins v. Corizon Health Inc., # 5 Exhibit 4 - Winfield Collection, Ltd. v. Sun Hill Indus., Inc.) (Hindelang, Michael) (Entered: 08/28/2025) TRANSCRIPT of Final Pretrial Conference held on 8/27/2025. (Court Reporter/ Transcriber: Merilyn Jones) (Number of Pages: 33) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 9/19/2025. Redacted Transcript Deadline set for 9/29/2025. Release of Transcript Restriction set for 11/28/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/ www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jones, M) (Entered: 08/29/2025) REPLY to Response re 308 MOTION in Limine No. 1: Defendants' Excessive Witness List filed by United States. (Alvarenga, Sasha) (Entered: 08/29/2025) REPLY to Response re 314 MOTION in Limine (Defendants' Motion in Limine No. 2 to Exclude Testimony and Argument About Sierra Club Members) filed by All Defendants. (Hindelang, Michael) (Entered: 08/29/2025) REPLY to Response re 311 MOTION in Limine (Defendants' Motion in Limine No. 4 Regarding Virginia Galinsky's Rebuttal Opinions) filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Clark v. W & M Kraft, Inc., # 3 Exhibit 2 - Jones v. Pramstaller, # 4 Exhibit 3 - In re Dow Corning Corp., # 5 Exhibit 4 - United States v. Moore, # 6 Exhibit 5 - Allied Erecting & Dismantling Co. v. U.S. Steel Corp., # 7 Exhibit 6 - Mathis v. Roa) (Hindelang, Michael) (Entered: 08/29/2025) REPLY to Response re 315 MOTION in Limine (Defendants' Omnibus Motion in Limine No. 5 Bar Irrelevant Evidence and Argument Contrary to Law) filed by All Defendants. (Hindelang, Michael) (Entered: 08/29/2025) REPLY to Response re 305 MOTION in Limine (Defendants' Motion in Limine No. 3 to Exclude Irrelevant and Prejudicial “Pollution Allegations”) filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Uselmann v. Pop, # 3 Exhibit 2 - United States v. Labona) (Hindelang, Michael) (Entered: 08/29/2025) NOTICE of Appearance by Andrew David Bashi on behalf of Sierra Club. (Bashi, Andrew) (Entered: 09/02/2025) REPLY to Response re 309 MOTION in Limine United States' Motion in Limine No. 4 to Exclude Inapposite Harm Evidence and Argument filed by United States. (Ricci, Samantha) (Entered: 09/02/2025) REPLY to Response re 310 MOTION in Limine (Defendants' Motion in Limine No. 1 to Preclude Plaintiff from Challenging the Determination of the Stationary Source) (as to United States) filed by All Defendants. (Attachments: # 1 Exhibit 1 - Brown v. City of Ecorse) (Hindelang, Michael) (Entered: 09/02/2025) REPLY to Response re 313 MOTION in Limine U.S. MIL #3: Excluding Certain Evidence and Arguments Regarding the 2014 Permit, 312 MOTION in Limine U.S. MIL #2: Excluding Evidence and Argument Regarding U.S. Steel Emissions Statement on Mootness and Consolidated Reply Brief filed by United States. (Benson, Thomas) (Entered: 09/02/2025) TRIAL BRIEF by United States (Benson, Thomas) (Entered: 09/02/2025) MOTION for Amendment and Certification of Order for Interlocutory Appeal re 331 Order on Motion for Partial Summary Judgment,,,,,, Order on Motion for Summary Judgment,,,,,, Order on Motion to Bifurcate,, by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - In re the United States, # 3 Exhibit 2 - Merritt-Ruth v. Latta, # 4 Exhibit 3 - Williams v. Beaumont Health Sys.) (Hindelang, Michael) (Entered: 09/02/2025) MOTION to Stay Pending Interlocutory Appeal by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Sexton v. Cernuto, # 3 Exhibit 2 - Eberline v. Douglas J. Holdings, Inc., # 4 Exhibit 3 - T.C. on Behalf of S.C. v. Metro. Gov't of Nashville & Davidson Cnty., Tennessee,) (Hindelang, Michael) (Entered: 09/02/2025) TRIAL BRIEF by Sierra Club (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Stipulated Order, United States v. Ameren Mo., # 3 Exhibit 2 - Agreement, United States v. DTE Energy Co.) (Rock, Mary) (Entered: 09/02/2025) MOTION to Seal (Defendants' Motion for Leave to File Portions of Trial Brief Under Seal) by All Defendants. (Attachments: # 1 Exhibit 1 - REDACTED Defendants' Trial Brief) (Hindelang, Michael) (Entered: 09/02/2025) [UNSEALED PER 2/12/2026 ORDER]Defendants' Trial Brief (SEALED) by All Defendants. (Hindelang, Michael) Modified on 2/12/2026 (JPar). (Main Document 356 replaced on 2/12/2026) (SSch). (Entered: 09/02/2025) INDEX of Exhibits re 356 Sealed Document - Other by All Defendants (Attachments: # 1 Exhibit 1 - United States v. Westvaco, # 2 Exhibit 2 - Foreword Mag. v. Overdrive, # 3 Exhibit 3 - United States v. Mountain State Carbon, # 4 Exhibit 4 - United States v. Vista Paint, # 5 Exhibit 5 - Resurrection Bay Conservation All. v. City of Seward, Alaska (02-21-2008), # 6 Exhibit 6 - Resurrection Bay Conservation All. v. City of Seward (04-03-2008), # 7 Exhibit In Re Cdt Landfill Corp.) (Hindelang, Michael) (Entered: 09/02/2025) NOTICE by Sierra Club re 352 MOTION for Amendment and Certification of Order for Interlocutory Appeal re 331 Order on Motion for Partial Summary Judgment,,,,,, Order on Motion for Summary Judgment,,,,,, Order on Motion to Bifurcate,, (Rock, Mary) (Entered: 09/05/2025) RESPONSE to 353 MOTION to Stay Pending Interlocutory Appeal filed by Sierra Club. (Attachments: # 1 Exhibit 1 - Cooper-Standard Automotive, Inc. v. SFC Solutions Czestochowa SP. Z.O.O.) (Rock, Mary) (Entered: 09/05/2025) RESPONSE to 352 MOTION for Amendment and Certification of Order for Interlocutory Appeal re 331 Order on Motion for Partial Summary Judgment,,,,,, Order on Motion for Summary Judgment,,,,,, Order on Motion to Bifurcate,, filed by United States. (Benson, Thomas) (Entered: 09/05/2025) RESPONSE to 353 MOTION to Stay Pending Interlocutory Appeal filed by United States. (Alvarenga, Sasha) (Entered: 09/05/2025) REPLY to Response re 352 MOTION for Amendment and Certification of Order for Interlocutory Appeal re 331 Order on Motion for Partial Summary Judgment,,,,,, Order on Motion for Summary Judgment,,,,,, Order on Motion to Bifurcate,, filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Thacker v. DaimlerChrysler Corp., # 3 Exhibit 2 - Scozzari v. City of Clare, # 4 Exhibit 3 - EGLE_0019976) (Hindelang, Michael) (Entered: 09/08/2025) REPLY to Response re 353 MOTION to Stay Pending Interlocutory Appeal filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Stearns v. NCR Corp., # 3 Exhibit 2 - Auramet Int'l, LLC v. Metals, # 4 Exhibit 3 - Sexton v. Cernuto, # 5 Exhibit 4 - Eberline v. Douglas J. Holdings, Inc.) (Hindelang, Michael) (Entered: 09/08/2025) ORDER Authorizing the Government's Non-Attorney Support Staff to Bring Equipment Into the Courtroom During Trial Proceedings Beginning September 15, 2025. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 09/09/2025) MOTION for Expert Witness to Attend Trial By Remote Means by All Defendants. (Steen, Kory) (Entered: 09/09/2025) ORDER Requiring Parties to Submit Witness Synopsis Lists and Setting Trial Time Limits. Signed by District Judge Gershwin A. Drain. (LSau) (Entered: 09/11/2025) OPINION and ORDER on the Parties' Motions in Limine 305 , 307 , 308 , 309 , 310 , 311 , 312 , 313 , 314 , 315 . Signed by District Judge Gershwin A. Drain. (LSau) (Entered: 09/11/2025) ORDER Granting Technology Access for Non-Attorney Support Staff During Trial. Signed by District Judge Gershwin A. Drain. (LSau) (Entered: 09/11/2025) OPINION and ORDER Denying Defendants' Motion for Amendment and Certification of Order for Interlocutory Appeal 352 and Denying as Moot Defendants' Motion for Stay Pending Interlocutory Appeal 353 . Signed by District Judge Gershwin A. Drain. (LSau) (Entered: 09/11/2025) [STRICKEN - Filing for another attorney] NOTICE by United States Notice of Appearance for Steven O'Rourke (Benson, Thomas) Modified on 9/15/2025 (TMul). (Entered: 09/12/2025) ORDER Granting in Part and Denying in Part Defendants' Motion for Permission to have Dr. Mark Cohen Attend Trial by Remote Means 365 . Signed by District Judge Gershwin A. Drain. (LSau) (Entered: 09/15/2025) NOTICE of Error directed to: Thomas Benson re 370 Notice (Other). Other Signature on appearance does not match e-filer attorney. [No Image Associated with this docket entry] (TMul) (Entered: 09/15/2025) JOINT FINAL PRETRIAL ORDER. Signed by District Judge Gershwin A. Drain. (AChu) (Entered: 09/15/2025) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Bench Trial Begun and Continued on 9/15/2025.

Bench Trial set for 9/16/2025 08:30 AM before District Judge Gershwin A. Drain (Court Reporter: Merilyn Jones, Rene Twedt) (AChu) (Entered: 09/16/2025) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Bench Trial Held and Continued on 9/16/2025. Bench Trial continued to 9/17/2025 at 08:30 AM before District Judge Gershwin A. Drain. (Court Reporter: Merilyn Jones and Rene Twedt) (MarW) (Entered: 09/18/2025) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Bench Trial Held and Continued on 9/17/2025. Bench Trial continued to 9/18/2025 at 08:30 AM before District Judge Gershwin A. Drain. (Court Reporter: Merilyn Jones and Rene Twedt) (MarW) Modified on 9/18/2025 (MarW). (Entered: 09/18/2025) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Bench Trial Held and Continued on 9/18/2025. Bench Trial continued to 9/19/2025 at 08:30 AM before District Judge Gershwin A. Drain. (Court Reporter: Merilyn Jones and Rene Twedt) (MarW) (Entered: 09/18/2025) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Bench Trial Held and Continued on 9/19/2025. Bench Trial continued to 9/22/2025 at 08:30 AM before District Judge Gershwin A. Drain. (Court Reporter: Merilyn Jones and Rene Twedt) (MarW) (Entered: 09/19/2025) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Bench Trial Held and Continued on 9/22/2025. Bench Trial continued to 9/23/2025 at 08:30 AM before District Judge Gershwin A. Drain. (Court Reporter: Merilyn Jones and Rene Twedt) (MarW) (Entered: 09/23/2025) ORAL MOTION for Judgment on Partial Findings Under Fed. R. Civ. P. 52(c) by DTE Energy Co., DTE Energy Resources, LLC, DTE Energy Services, Inc. (MarW) (Entered: 09/23/2025) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Motion Hearing held on 9/22/2025 re 373 MOTION for Judgment filed by DTE Energy Resources, LLC, DTE Energy Co., DTE Energy Services, Inc. Disposition: Motion taken under advisement (Court Reporter: Rene Twedt) (MarW) (Entered: 09/23/2025) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Bench Trial Held and Continued on 9/23/2025. Bench Trial continued to 9/24/2025 08:30 AM before District Judge Gershwin A. Drain (Court Reporter: Merilyn Jones and Rene Twedt) (MarW) (Entered: 09/23/2025) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Bench Trial Held and Continued on 9/24/2025. Bench Trial continued to 9/25/2025 at 08:30 AM before District Judge Gershwin A. Drain. (Court Reporter: Merilyn Jones and Rene Twedt) (MarW) (Entered: 09/24/2025) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Bench Trial Held and Continued on 9/25/2025.

Bench Trial continued to 9/26/2025 at 08:30 AM before District Judge Gershwin A. Drain. (Court Reporter: Merilyn Jones and Rene Twedt) (MarW) (Entered: 09/25/2025) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Bench Trial Held and Continued on 9/26/2025. Bench Trial continued to 9/29/2025 08:30 AM before District Judge Gershwin A. Drain. (Court Reporter: Merilyn Jones and Rene Twedt) (MarW) (Entered: 09/26/2025) Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Bench Trial Held and Completed on 9/29/2025. Post-Trial Briefing will Occur. Proposed Findings of Fact and Conclusions of Law are due on October 9, 2025. Limited to 40 pages. (Court Reporter: Merilyn Jones and Rene Twedt) (MarW) (Entered: 09/30/2025) TRANSCRIPT of Bench Trial - Vol 1A held on 09/15/2025. (Court Reporter/ Transcriber: Merilyn J. Jones) (Number of Pages: 64) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 1B held on 09/15/2025. (Court Reporter/ Transcriber: Rene L Twedt) (Number of Pages: 88) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 1C held on 09/15/2025. (Court Reporter/ Transcriber: Merilyn J. Jones) (Number of Pages: 12) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 2A held on 09/16/2025. (Court Reporter/ Transcriber: Merilyn J. Jones) (Number of Pages: 99) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 2B held on 09/16/2025. (Court Reporter/ Transcriber: Rene L Twedt) (Number of Pages: 80) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 3A held on 09/17/2025. (Court Reporter/ Transcriber: Merilyn J. Jones) (Number of Pages: 97) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 3B held on 09/17/2025. (Court Reporter/ Transcriber: Rene L Twedt) (Number of Pages: 59) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 3C held on 09/17/2025. (Court Reporter/ Transcriber: Merilyn J. Jones) (Number of Pages: 13) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 4 held on 09/18/2025. (Court Reporter/ Transcriber: Rene L Twedt) (Number of Pages: 126) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 5A held on 09/19/2025. (Court Reporter/ Transcriber: Merilyn J. Jones) (Number of Pages: 77) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 5B held on 09/19/2025. (Court Reporter/ Transcriber: Rene L Twedt) (Number of Pages: 98) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 6A held on 09/22/2025. (Court Reporter/ Transcriber: Merilyn J. Jones) (Number of Pages: 54) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 6B held on 09/22/2025. (Court Reporter/ Transcriber: Rene L Twedt) (Number of Pages: 101) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 7A held on 09/23/2025. (Court Reporter/ Transcriber: Merilyn J. Jones) (Number of Pages: 69) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 7B held on 09/23/2025. (Court Reporter/ Transcriber: Rene L Twedt) (Number of Pages: 108) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 8A held on 09/24/2025. (Court Reporter/ Transcriber: Merilyn J. Jones)

(Number of Pages: 77) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 8B held on 09/24/2025. (Court Reporter/ Transcriber: Rene L Twedt) (Number of Pages: 121) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 9A held on 09/25/2025. (Court Reporter/ Transcriber: Merilyn J. Jones) (Number of Pages: 114) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 9B held on 09/25/2025. (Court Reporter/ Transcriber: Rene L Twedt) (Number of Pages: 94) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 10A held on 09/26/2025. (Court Reporter/ Transcriber: Merilyn J. Jones) (Number of Pages: 60) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 10B held on 09/26/2025. (Court Reporter/ Transcriber: Rene L Twedt) (Number of Pages: 105) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 11A held on 09/29/2025. (Court Reporter/ Transcriber: Merilyn J. Jones) (Number of Pages: 78) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) TRANSCRIPT of Bench Trial - Vol 11B held on 09/29/2025. (Court Reporter/ Transcriber: Rene L Twedt) (Number of Pages: 152) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/22/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/30/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 10/01/2025) MOTION to Stay by United States. (Benson, Thomas) (Entered: 10/01/2025) ORDER Granting the Government's Motion to Stay

(ECF No. 397 ). Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 10/02/2025) (Court only) ***Motions terminated: 313 MOTION in Limine U.S. MIL #3: Excluding Certain Evidence and Arguments Regarding the 2014 Permit filed by United States. See order dated 9/11/2025 (ECF No 367). (MarW) (Entered: 10/02/2025) MOTION Lift Stay and Set Deadline for Post-Trial Filings by United States. (Benson, Thomas) (Entered: 11/14/2025) TEXT-ONLY ORDER Granting 399 Motion to Lift Stay and Set Deadline for Post-Trial Filings. Findings of Fact and Conclusions of Law due December 5, 2025. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 11/17/2025) MOTION Enforcement of Page Limitations by All Defendants. (Hindelang, Michael) (Entered: 11/19/2025) RESPONSE to 400 MOTION Enforcement of Page Limitations filed by Sierra Club. (Rock, Mary) (Entered: 11/19/2025) ORDER Regarding Defendants' Motion to Enforce Post-Trial Briefing Page Limitations (ECF No. 400 ). Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 11/20/2025) NOTICE by United States Filing of Illustrative Aids Used at Trial (Attachments: # 1 Att. 1 (Opening), # 2 Att. 2 (Leistra-Jones), # 3 Att. 3 (Leistra-Jones Physical Demonstrative), # 4 Att. 4 (Chinkin), # 5 Att. 5 (Schwartz), # 6 Att. 6 (Galinsky), # 7 Att. 7 (Leistra-Jones Rebuttal), # 8 Att. 8 (Closing)) (Benson, Thomas) (Entered: 12/05/2025) NOTICE by Sierra Club of Filing of Illustrative Aids (Attachments: # 1 Att. A - Opening Statement, # 2 Att. B - Closing Statement) (Rock, Mary) (Entered: 12/05/2025) MEMORANDUM Proposed Findings of Fact and Conclusions of Law by United States (Benson, Thomas) (Entered: 12/05/2025) NOTICE by All Defendants (Defendants' Notice of Filing Illustrative Aids Used at Trial) (Attachments: # 1 Exhibit Attachment 1 - Cross-Examination of Lyle Chinkin, # 2 Exhibit Attachment 2 - Direct Examination of Dr. Kathryn Kelly, # 3 Exhibit Attachment 3 - Redirect Examination of Dr. Kathryn Kelly, # 4 Exhibit Attachment 4 - Investor Defendants Motion for Judgment Pursuant to Rule 52(c), # 5 Exhibit Attachment 5 - Lowest Achievable Emissions Rate (LAER), # 6 Exhibit Attachment 6 - Dr. Michael Schafer, # 7 Exhibit Attachment 7 - SO2 Table, # 8 Exhibit Attachment 8 - Timeline, # 9 Exhibit Attachment 9 - Sierra Club Addresses, # 10 Exhibit Attachment 10 - Closing Argument on behalf of Defendants) (Hindelang, Michael) (Entered: 12/05/2025) MEMORANDUM Sierra Club and City of River Rouge's Adoption of United States' Post-Trial Submission and Additional Proposed Findings of Fact and Conclusions of Law by Sierra Club (Rock, Mary) (Entered: 12/05/2025) Proposed Findings of Fact by All Defendants (Hindelang, Michael) (Entered: 12/05/2025) ORDER DENYING DEFENDANTS MOTION FOR LEAVE TO FILE PORTIONS OF TRIAL BRIEF UNDER SEAL 355 Signed by District Judge Gershwin A. Drain. (JPar) (Entered: 02/12/2026) FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by District Judge Gershwin A. Drain. (MarW) (Entered: 02/17/2026)