The state of Michigan has reportedly reached a deal to pay out about $600 million to victims of the water crisis in Flint. The crisis began in 2014 when Flint’s unelected emergency manager, appointed by then-Michigan Governor Rick Snyder, switched the source of the city’s drinking water in order to save money. In 2015, the Environmental Protection Agency said it had found dangerous levels of lead — which can affect the heart, kidneys and nerves — in the water flowing into residents’ homes.
The water source move has been linked to at least 12 deaths from an outbreak of Legionnaires’ disease, as well as widespread lead poisoning in residents, including 12,000 children. Dozens of lawsuits, including class-action cases, filed against Michigan and the city of Flint followed. Many cases emphasize the youngest victims — the children whose exposure to lead and toxins could lead to neurological disorders and learning disabilities, among other conditions.
The Supreme Court this year said it wouldn’t block a lawsuit by Flint residents seeking to hold city officials accountable. Lawyers for the city had asked justices to step in, saying their clients had immunity from such lawsuits. A previous ruling from a federal appeals court also sided with the residents. “Knowing the Flint River water was unsafe for public use, distributing it without taking steps to counter its problems, and assuring the public in the meantime that it was safe is conduct that would alert a reasonable person to the likelihood of personal liability,” the 6th US Circuit Court of Appeals held.
In March 2017, nearly three years after the incident first came to light, the Environmental Protection Agency awarded $100 million to fund water infrastructure upgrades in Flint. A few weeks later, city officials declared the city’s drinking water was safe to drink. Six years later, the city has inspected more than 25,000 service lines and has replaced 85 percent of the pipes. However, the coronavirus (COVID-19) pandemic has put work on hold. Residents are still scared to drink the water after city, state and federal officials have been accused of ignoring, denying or covering up complaints that started immediately after the switch.
Tens of thousands of Flint residents are expected to be eligible to receive money from the settlement. The settlement will establish a court-monitored victim’s compensation fund that will provide the direct payments to Flint residents. Nearly 80% of the money will go to those who were younger than 18 at the time of the crisis. Besides the state of Michigan, the settlement includes the Michigan Department of Environmental Quality (DEQ) and the individual defendants, including former Gov. Rick Snyder, according to a news release. Litigation will continue against other defendants, including two private engineering firms charged with professional negligence.
Read more
Michigan’s state health director Nick Lyons is facing trial for involuntary manslaughter over the deaths of two men amid an outbreak of Legionnaires’ disease in Flint after the city switched its water supply to the Flint River in an attempt to save money. The Flint region’s 2014-2015 Legionnaires’ disease outbreak that killed 12 people and sickened another 79 people. Michigan has admitted 12 people died in the outbreak, but a recent report by PBS “Frontline” has found the death toll from the water crisis in Flint may be higher than Michigan officials have acknowledged.
Judge David Goggins issued a ruling sending Nick Lyon’s criminal case to a full trial, meaning the judge believes there is enough valid evidence for a jury to consider. The ruling came at the end of a 10-month preliminary hearing that started in September and wrapped up in early July after more than 25 days of testimony. Lyons is the highest-ranking state official to face charges so far over Flint’s water-poisoning crisis. He’s also being charged with willful neglect of duty and misconduct in office for the deaths of John Snyder and Robert Skidmore. The involuntary manslaughter charge is a felony punishable by up to 15 years in prison. Lyon’s felony misconduct in office charge is for allegedly obstructing academic researchers from studying the outbreak, which carries a sentence of up to five years in prison.
Both men allegedly died from Legionnaires’ disease caused by Flint switching its drinking water source to the Flint River in 2014. They did not ensure that the water was properly treated to prevent corrosion in old plumbing. This caused lead and other metals to leach into the water, exposing residents and risking permanent neurological damage to local children. The improper water treatment also interfered with disinfectants and caused the release of iron and other bacterial nutrients into the water, which can spur the spread and growth of Legionella bacteria. When those germs are aerosolized and inhaled from sources such as hot showers, humidifiers, and water coolers, they can cause a deadly form of pneumonia called Legionnaire’s disease.
Flint experienced a surge in Legionnaire’s disease after the water switch, with cases totaling around 100 and leading to at least 12 deaths, including Skidmore and Snyder’s. Researchers with the Centers for Disease Control and Prevention genetically linked the bacteria infecting patients to those found in the city’s water. Prosecutors argued Lyon, the Michigan Department of Health and Human Services director, waited too long to alert the public to an outbreak of Legionnaires’ disease in Flint during the water crisis. He allegedly knew about the outbreak in early 2015 but waited nearly a full year before alerting the public. Both men were said to be healthy and active prior to their hospitalizations. Lyon’s defense attorneys argued he was not negligent in the men’s deaths and that prosecuting a public official who did his best amid a wide-ranging crisis would have a chilling effect on other public employees doing their duties. They pointed out Skidmore and Snyder “would have received the same medical treatment” even if Lyon had made an announcement sooner.
In a statement issued after the ruling, Governor Rick Snyder praised Lyon’s work during the Flint water crisis and said Lyon would remain on the job as Michigan Department of Health and Human Services director during the trial. An additional 14 current or former state and local officials have been criminally charged in connection with the water issues.
State officials now say that the city’s water meets federal standards for lead and other contaminants but the water can still pick up toxic ingredients from contaminated pipes. For now, residents need to continue drinking bottled or filtered water until the city’s plumbing is replaced, which the city is working to do by 2020.
Read more
Lawmakers quietly closed the investigation into the lead poisoning of the water system in Flint, Michigan in December 2016. The House Oversight and Government Reform Committee’s findings blamed state officials, the Michigan Department of Environmental Quality (MDEQ) and the EPA.
The Flint water crisis began when the city’s unelected emergency manager, appointed by Michigan Governor Rick Snyder, switched the source of Flint’s drinking water from the Detroit system to the corrosive Flint River to save money. The water corroded Flint’s aging pipes, causing poisonous levels of lead to leach into the drinking water. The impoverished city was under state control at the time.
Between 6,000 and 12,000 children were been exposed to drinking water with high levels of lead and they may experience a range of serious health problems.
The chairman of the House Oversight and Government Reform Committee, Jason Chaffetz, issued two separate letters announcing that the investigation was finished and that Snyder was without guilt because it was the Environmental Protection Agency’s fault Flint’s water source was shifted to a contaminated source. After the April 25, 2014 switch to Flint River water from back-up to temporary primary source, city residents began complaining about their water’s color, taste, and odor.
Thirteen people have been charged in the Flint Water Crisis and its cover-up. Former MDEQ employees Michael Prysby and Stephen Busch were charged with misconduct in office, conspiracy to tamper with evidence, tampering with evidence, a treatment violation of the Michigan Safe Drinking Water Act, and a monitoring violation of the Safe Drinking Water Act. Former city water plant operator Michael Glasgow was charged with willful neglect of office, a misdemeanor, and felony tampering with evidence. Glasgow accepted a plea deal with prosecutors, admitting to filing false information about lead in Flint water and agreeing to cooperate in other prosecutions.
Liane Shekter-Smith was charged with misconduct in office and willful neglect of duty; Adam Rosenthal was charged with misconduct in office, conspiracy to tamper with evidence, tampering with evidence, and neglect; Adam Cook was charged with misconduct in office, conspiracy to engage in misconduct in office, and neglect of duty. From the MDHHS, Nancy Peeler, Corinne Miller, and Robert Scott were charged with misconduct in office, conspiracy to commit misconduct in office, and willful neglect of duty.
On December 20, 2016, false pretenses, conspiracy to commit false pretenses, willful neglect of duty and misconduct in office charges against former Emergency Managers Darnell Earley and Jerry Ambrose; and false pretenses and conspiracy to commit false pretenses charges were filed against former Flint Utilities Administrator Daugherty Johnson and former Flint Department of Public Works director Howard Croft. Many residents are outraged that Governor Rick Snyder has survived the investigation unscathed since some of the officials charged reported directly to him.
The closing of the investigation came as Flint Mayor Karen Weaver told residents they should still not drink the water. The city’s lead pipes have not yet been replaced.
Read more
