Why Flint's Mayor Has Threatened to Sue Michigan Over the Water Crisis
Mayor Karen Weaver has been trying fast-track replacement of lead pipes in families’ homes, but the state is playing funding games.
Flint, Michigan Mayor Karen Weaver awaits to testify before the House Democratic Steering and Policy Committee on the Flint lead water crisis in Washington February 10, 2016. Michigan Governor Rick Snyder on Wednesday will ask the state legislature for another $195 million to restore safe drinking water in Flint and help residents affected by lead-contaminated water, a spokesman confirmed on Tuesday. (REUTERS/Gary Cameron)
The Detroit News has
reported that Flint, Michigan, Mayor
Karen Weaver has put the state on notice that she plans to sue it for monetary damages related to the city’s lead-in-water crisis. Last week, Weaver and Flint’s Chief Legal Officer Anthony Chubb submitted a “notice of intention” to file a lawsuit with the state’s Court of Claims.
Writes The Detroit News:
It notes that the city used Flint River water from April 2014 through October 2015 “in reliance on the authorizations, directions, and advice given by the” state Department of Environmental Quality.
As a result, the notice claims the city “has suffered or will suffer” damage to its municipal water system, costs related to the emergency, medial claims, reduced property values, reputational damage, permanent loss of water system customers, increased legal liability and more.
The Flint Water Advisory Task Force, convened by Michigan Governor Rick Snyder last October,
assigned the bulk of the blame for the water crisis to the state’s Department of Environmental Equality in its final report, released last week. It will cost millions to replace the lead pipes throughout the city—that’s before considering the
millions if not billions more that will be needed to deal with health problems and other social costs to families exposed to the poisoned water.
Weaver launched the
Fast Start initiative in early March to begin replacing lead pipes in the homes with the highest risks of lead poisoning. Work has only been completed in about 14 homes so far, as Weaver is waiting for money that the state and federal government committed to releasing for the pipe work.
“The work is going well, but we still need our state lawmakers to approve the $25 million that Governor Snyder requested,” said Weaver Thursday in a
press statement. “While we couldn’t move as quickly as we first hoped, now we will be able to train more crews and replace pipes at many more homes more quickly, as long as we get the necessary state and federal funds,” Weaver said.
Weaver’s Fast Start plan is budgeted at
$55 million. She’s hoping that a federal plan to send an additional $220 million for clean water and health services will also soon kick in. The mayor is also hoping for another $195.4 million from the state legislature to supply additional services for families already affected by the lead water crisis.
The intention to sue filing may have been meant to make the state move more urgently on releasing those funds, but it has also perturbed some of the state legislators involved in that process.
Michigan House Speaker Kevin Cotter told
The Detroit News, “I think that the mayor’s actions here could potentially blow up the state’s checkbook, and I think it’s going to have a real chilling effect on the House, as to providing any further resources in the interim.”
Over
40 lawsuits have been filed over the Flint crisis, targeting a myriad of sources from Snyder down to the local water companies. Given that state agencies enjoy incredible amounts of
immunity against legal actions, many of these lawsuits will have a tough time landing. Meanwhile, as Weaver said in her statement to the public Thursday:
Nearly all Flint residents are still having to use bottled water for drinking, cooking and brushing their teeth, and many still fear their children are being exposed to lead. They deserve to have all the lead-tainted pipes replaced as soon as possible.
In other words:
Rick [Snyder] better have that money. Pay Flint what you owe it.
Flint's Mayor Threatens to Sue Michigan Over the Water Crisis