State Court, Not Federal, For Major Flint Water Lawsuit
DETROIT (WWJ/AP) - A class-action lawsuit potentially affecting tens of thousands of people in the Flint water disaster will go to a local court, not miles away to federal court.
A federal appeals court made the decision Wednesday, affirming a ruling by a federal judge in Ann Arbor.
An engineering company, Lockwood, Andrews & Newnam (LAN), is being sued over its work at the Flint water treatment plant. Residents accuse the company of failing to ensure that the plant would be equipped to treat Flint River water for corrosion.
The corrosive water caused lead to leach from old plumbing and fixtures, contaminating Flint's water supply. LAN denies that it's responsible for the problem.
In a 2-1 decision, the appeals court says it's a "local controversy" that belongs in Genesee County.
The suit alleges that LAN committed or caused:
- Professional Negligence: The suit alleges that LAN either knew or should have known that high chloride levels in Flint River water would cause corrosion in lead pipes unless treated, resulting in dangerous levels of lead being ingested by those drinking Flint water. LAN ignored several key warning signs, including citizen complaints of brown water, which a professional corporation should have seen as cause for further action before submitting reports to the public. LAN totally failed to take these actions.
- Public Nuisance: The suit alleges that the actions of LAN irresponsibly interfered with the public right to health, safety, peace and comfort in Flint, in addition to violating the Michigan Safe Drinking Water Act, and that this conduct created a long-lasting, and possibly permanent, effect on these public rights. The nuisance, particularly corroded lead pipes that pose a threat to drinking water, is ongoing with no end in sight.
LAN, based in Houston, began working with Flint in 2013 to prepare its plant to treat new sources of drinking water, including the Flint River.
Attorney General Bill Scheutte has alleged that LAN issued a report to the city in 2014 to address compliance with the Safe Drinking Water Act that did not address the issue of corrosion control and took no action to implement corrosion control. LAN then allegedly produced a second report, in August 2015, regarding Safe Drinking water Act compliance and again failed to address the hazards of lead in Flint's water. One of LAN's recommendations included flushing fire hydrants, which likely contributed to artificially low levels of lead in residential water tests, said Scheutte.
The suit seeks to recover monetary damages, likely in the hundreds of millions of dollars, for harms caused in Flint.
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