The city of Flint, Michigan has been found in contempt by a federal district judge due to its failure to finish replacing lead-contaminated pipes in the city’s water supply system. According to a timeline defined by a 2023 court order, the city’s neglect ultimately led to the adverse ruling.
The order granted a motion from the Natural Resources Defense Council (NRDC), which sought to enforce a 2017 settlement stipulating deadlines for remediation and replacement of the tainted pipes. This settlement not only included the remediation agenda, but also mandated consistent outreach to inhabitants concerning their rights to remediation and a steady flow of progress reports to ensure adherence to the settlement’s terms.
Regrettably, the city began missing established deadlines soon after the settlement’s conclusion. In response, the plaintiffs sought a motion for contempt on six separate occasions to hold the city accountable. Consequently, in 2023, Judge David Lawson issued an enforcement order detailing actions the city was obligated to take, and instituted fresh deadlines for the work.
Despite some degree of effort, the city failed in several areas. It neglected to inform residents whose homes were eligible for service line replacement, underestimated the number of addresses requiring restoration work, and fell short in delivering accurate and thorough monthly restoration reports. The court determined the city did not exhibit the necessary diligence to comply with the 2023 order and ruled it only made an attempt to comply after the plaintiffs filed the most recent motion to hold the city in civil contempt.
While the city may have missed deadlines and neglected key steps, it has been dutiful in executing much of the work since the most recent contempt motion. This includes complying with the majority of the judge’s 2023 order, hence escaping compensatory sanctions. In this case, Judge Lawson limited the penalty to attorneys’ fees for the time expended striving to enforce the 2023 order.
Interestingly, despite the city’s guilt, Flint Mayor Sheldon Neely avoided sanctions. The court detailed that the NRDC did not provide sufficient evidence to show that the mayor failed to take necessary measures to ensure adherence to the extended deadlines.
The historical Flint water crisis came to public attention in 2014 when, in a cost-saving measure, the city transferred the water supply from Detroit-treated water from Lake Huron to the Flint River. The local Flint treatment plant was unable to treat the water with the appropriate corrosion control chemicals. This, in turn, caused lead and other harmful chemicals to leech into the water supply, compelling Flint’s population of 100,000 to depend on bottled water for basic tasks such as cooking, washing, and cleaning. This major water contamination issue saw the residents battle against foul odor and taste of the tap water, the toxic effects on their health and even an outbreak of Legionnaires disease which claimed 12 lives and sickened 87 people. In 2020, a $600 million settlement was reached to support those affected by the crisis, which was finally approved in 2023.
For a more comprehensive view on the Flint water crisis, refer to this dedicated NRDC page.