Taking the Lead: Handling Claims Arising From Lead Contamination In Drinking Water

  Friday, March 1st, 2019 Source: CLM Magazine

When Flint, Michigan returned to using the Flint River as its water source on April 25, 2014, the switch and subsequent treatment of the water resulted in elevated lead levels in the city’s drinking water and a major public health crisis. The demographics of Flint and Genesee County, and the disparity in the crisis’ impact, ignited charges of environmental racism. There have been at least 11 lawsuits filed relating to the Flint water crisis. Plaintiffs include Flint residents, Flint water users, Flint persons/corporations that were billed for water, persons harmed by Safe Drinking Water Act (SDWA) violations, Flint residents who tested positive for lead in their blood or experienced personal injuries, and Flint property owners. Claims were brought against the state of Michigan, Governor Richard Dale Snyder, state and local officials, and the engineering firms hired by Flint. These cases were largely consolidated into Carthan/Waid v. Snyder et al. One suit, Concerned Pastors v. Khouri, settled prior to consolidation for attorneys’ fees and injunctive relief.

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