Judge Dismissed Class Action Lawsuit over Contaminated Water in Flint

Judge dismissed class action suit on Flint water crisis on Tuesday. Judge said that constitutional claims are barred by Safe Drinking Water Act.

Chicago Tribune reported that U.S. District Judge John Corbett O'Meara said that he was not making a decision on the merits of the lawsuit which are filed over contaminated drinking water in Flint. He said that federal law and rulings by higher court disallow residents to pursue a remedy for civil rights violations in the matter.

"Plaintiffs' allegations are addressed by regulations that have been promulgated by the US Environmental Protection Agency under federal water law," said judge O'Meara.

According to judge O'Meara, the consitutional violations which alleged in the lawsuit are already covered in the federal Safe Drinking Water Act. The federal law clearly stated that exclusive enforcement authority for such matter belongs to Environmental Protection Agency.

Reuters reported that Attorney Valdemar Washington, who represents the residents in the lawsuit, said they were considering filing an appeal of O'Meara's ruling. The residents are also considering to file similar claims in either Genesee County court or the Michigan Court of Claims, or even both.

Resident in the Flint, Michigan accused state officials violated their rights to access clean water by providing contaminated water. City of Flint had switched the source of water supply to Flint River, but the city did not give sufficient corrosion control. As a result, drinking water which are supplied to residents have a lead contamination from old plumbing which was reported to be higher than the national action level.

According to CNN, the crisis began in 2014 when officials decided to use water from Flint River. The water then ate into the city's iron and lead pipes, causing lead to leach into the drinking water. Later on, residents reported severe health problem, which were outlined in the class-action lawsuit: skin lesions, hair loss, vision loss, memory loss, depression and anxiety.

Subsequently, city officials switched back to use water from Lake Huron, but the problem of contaminated water still remains. In order to soothe the anger, Michigan Gov. Rick Snyder said on Monday that he would visit a home with a lead service line and promised to drink and cook with the water for a month. He assured the residents that experts have tested the water and concluded th water is safe to drink.

"I am hopeful I can alleviate some of the skepticism and mistrust by putting words to action," said Governor Snyder in a statement.

U.S. District Judge John Corbett O'Meara on Tuesday dismissed class action lawsuit over Flint contaminated water crisis. The judge said the constitutional claims alleged in the lawsuit have already covered in the Safe Drinking Water Act.

Tags

Flint water crisis, U.S. District Court, Environmental Protection Agency, Safe Drinking Water Act

© 2023 Lawyer Herald All rights reserved. Do not reproduce without permission.