Michigan Changes Rules To Block Lawsuit Over Flint Water Contamination

Michigan made a rule change that will prevent Flint from suing the state over the lead-contamination crisis that has drawn criticism for officials at every level of government.

“In other words, Flint cannot sue the state without getting the state to sign off on it first,” the Detroit Free Press reported.

Flint Mayor Karen Weaver had indicated that the city might make the decision to sue at a later date. She filed a notice of intent to sue, according to a previous article in the Detroit Free Press.

“Mayor Karen Weaver said the city has no intention of suing the state, but the filing, which accuses the Michigan Department of Environmental Quality of ‘grossly negligent oversight,’ was necessary for technical reasons to guard the city's rights in case Flint needs to sue the state down the road,” the report said.

Days after she gave notice, the state effectively abolished the city’s ability to sue.

“Though Flint has not been under a state-appointed emergency manager since April 2015, the state still exerts partial control over the city through a five-member Receivership Transition Advisory Board, whose members are appointed by Gov. Rick Snyder. The board moved quickly to change the rules under which Flint is governed so that the city cannot file a lawsuit without first getting approval from that state-appointed board,” the report said.

The governor’s office also made it clear it did not appreciate the prospect of a lawsuit.

"The state is having difficulty understanding the rationale for creating an adversarial relationship given the amount of money and other resources the state is already providing to the city," said Ari Adler, a spokesman for the governor, per the Free Press. "The state has offered to assist the city by paying for legal fees due to this crisis but would have to withdraw that offer if the city filed a lawsuit against the state."

Some observers criticized Michigan for the decision. The publication RT, for instance, called the switch up by Michigan “a sneaky move.”

Weaver was "disappointed to learn of the timing" of the rule change, she said, per the Cheboygan Daily Tribune. “I will continue to do everything within my power to safeguard the city,” she said.

For similar stories visit Water Online’s Drinking Water Regulations And Legislation Solutions Center.