Flint Water Contamination Class Action Lawsuit Dismissed

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

Earlier this week, a Michigan federal judge dismissed one of several water contamination class action lawsuits filed by residents of Flint, finding that their federal claims are preempted by the Safe Drinking Water Act.

The Flint water contamination class action lawsuit was filed by Flint residents Beatrice Boler, Pastor Edwin Anderson, Mrs. Alline Anderson and EPC Sales LLC (a business located in Flint). The plaintiffs assert that the City of Flint violated their constitutional rights and state laws by providing residents with contaminated drinking water and requiring them to pay for it.

The defendants sought to dismiss the Flint water contamination class action lawsuit, arguing that the plaintiffs’ constitutional claims were precluded by the Safe Drinking Water Act, which provides them with possible remedies. The plaintiffs did not assert claims under the SDWA in their class action lawsuit because the law only allows for injunctive relief and not monetary damages, according to the plaintiffs’ attorney.

After reviewing the plaintiffs’ claims, U.S. District Judge John Corbett O’Meara agreed with the defendants, finding that “the crux of each of Plaintiffs’ constitutional claims is that they have been deprived of ‘safe and potable water.’” He found that the U.S. Environmental Protection Agency implemented the Safe Drinking Water Act to address these issues and to provide remedies to affected consumers.

“Accordingly, Plaintiffs’ federal remedy is under the SDWA, regardless of how their legal theories are framed in the complaint,” Judge Corbett wrote in his order dismissing the Flint water class action lawsuit.

Judge Corbett noted that the plaintiffs are able to seek relief under state law, but because the case is currently pending in Michigan federal court, the court does not have jurisdiction over the state claims. Therefore, he dismissed the Flint water class action lawsuit for lack of subject matter jurisdiction. He indicated that the plaintiffs could seek relief for their breach of contract, unjust enrichment, breach of the implied warranty of merchantability, conversion, gross negligence and Michigan Consumer Protection Act claims in state court.

The plaintiffs’ attorney indicated that he would either appeal the case or re-file the Flint water contamination class action lawsuit in Michigan state court.

This water contamination class action lawsuit is just one of dozens of cases that have been filed over the contaminated drinking water in Flint. In January, the American Civil Liberties Union, the Natural Resources Defense Council and a group of concerned citizens groups filed a class action lawsuit accusing Flint officials of failing to comply with the Safe Drinking Water Act.

One Flint water class action lawsuit was filed by a mother of three who is concerned about the devastating effects of lead poisoning, and another was filed by a group of seven families that accuse the state and city officials of exposing Flint residents to toxic drinking water.

According to the Flint water class action lawsuits, Michigan state officials switched Flint’s drinking water source from Lake Huron to the Flint River without following federal requirements to test the drinking water for lead and without treating the water to make it safe to drink.

Residents began complaining about the taste, smell and color of the Flint water supply, and subsequent testing indicated the presence of harmful bacteria, pollutants and high levels of lead in the drinking water.

The plaintiffs are represented by Valdemar L. Washington of Valdemar L. Washington PLLC.

The Flint Water Contamination Class Action Lawsuit is Boler, et al. v. Earley, et al., Case No. 5:16-cv-10323, in the U.S. District Court for the Eastern District of Michigan.