1,700 Michigan Residents Sue EPA For Mismanaging Flint Water Crisis

UPDATE: November 2020, a $641 million settlement has been reached to benefit Michigan residents affected by the Flint water crisis.

More than 1,700 residents living in the Flint-area of Michigan have filed a proposed class action lawsuit against the U.S. Environmental Protection Agency (EPA) for its alleged mismanagement of the highly publicized Flint water crisis.

Residents and property owners filed the class action lawsuit Monday in Michigan federal court, seeking $722.4 million in health and property damages claiming the EPA failed to follow “specific agency mandates and directives” in regards to the Flint water crisis.

Flint was under the control of a state-appointed emergency manager when it switched its water source to the Flint River from Lake Huron in April 2014.

The more corrosive river water caused lead to leach from pipes and into the drinking water. Lead poisoning stunts children’s cognitive development, and no level of exposure is considered safe. The city switched back to the previous water system in October 2015.

Led by plaintiff Jan Burgess, the 37-page complaint says that “local, state and federal agencies and employees, working individually and at times in concert with each other, mismanaged this environmental catastrophe.”

In fact, many of the plaintiffs in this lawsuit initially submitted complaints with the EPA in April 2016 claiming personal and property damages as a result of the contaminated water. The lawsuit states that because the EPA failed to properly address their claims, plaintiffs must now pursue relief for damages in federal court.

Burgess, herself, reportedly lodged numerous complaints with the EPA regarding the quality of Flint’s drinking water. In her first report sent to the EPA on Oct. 14, 2014, she describes that on some days the water “…smells like an over-chlorinated swimming pool; other days, like pond scum. It is often brown in color and frequently has visible particles floating in it…Calls to the city and state have resulted in no action whatsoever.”

The lawsuit also describes the events leading to the Flint water crisis and cites numerous e-mails between the EPA and official with the Michigan Department of Environmental Quality (MDEQ).

According to the lawsuit, federal officials should have realized that the MDEQ officials were unwilling or unable to handle the developing crisis. The e-mail communications also indicate that EPA officials delayed taking a position or acting and instead debated internally over the scope of the Flint water crisis and what role the agency should take.

“While the EPA and MDEQ officials debated what to do, the people of Flint were told that it was safe to drink the water which we now know was poisoned,” the class action states.

In addition, the lawsuit points to the EPA’s delayed response to agency researcher Miguel Del Toro’s June 2015 internal memo strongly recommending that Flint residents be warned of high lead levels in the water.

The lawsuit also notes that an October 2016 report issued by the EPA Office of Inspector General concludes that the EPA had the authority and sufficient information to issue an emergency order to protect Flint residents in June 2015. The EPA didn’t announce the emergency order until Jan. 21, 2016, more than seven months later.

The complaint charges that the EPA failed to hold local and state officials accountable so they would take immediate steps to fix the lead contaminated water.

Specifically, the plaintiffs contend that EPA failed to take mandatory actions required by the Safe Drinking Water Act, was negligent in its performance of undertaking regarding timely investigations, and negligent in its duty to warn the public of environmental risks to their health.

The plaintiffs further allege the EPA’s failure to act on a timely basis led to massive injuries to the group, including lead poisoning, dermatological problems, loss of hair, gastrointestinal disorders, emotional distress, damage to real estate and personal property and loss of property values.

The Flint water crisis has prompted dozens of lawsuits, and criminal charges against former government officials. Last year, a Michigan mother of three filed a class action lawsuit against government officials and a number of local and state agencies over their alleged mismanagement of the Flint water crisis.

In October, a group of parents filed a class action lawsuit against Flint schools for their role in allegedly failing to address the water contamination crisis and the potential harm to students affected by lead contaminated water.

Plaintiffs are represented by Michael L. Pitt, Cary S. McGehee, Beth M. Rivers and Peggy G. Pitt of Pitt McGehee Palmer & Rivers PC, William Goodman and Julie H. Hurwitz of Goodman & Hurwitz PC and Trachelle C. Young of Trachelle C. Young & Associates PLLC.

The Flint Water Crisis Class Action Lawsuit is Jan Burgess, et al. v. United States of America, Case No. 2:17-cv-10291, in the U.S. District Court in the Eastern District of Michigan, Southern District.