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US Supreme Court lets Flint, Michigan residents sue over water contamination

17:20  21 january  2020
17:20  21 january  2020 Source:   reuters.com

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WASHINGTON (Reuters) - The U.S. Supreme Court on Monday gave the green light to two class-action lawsuits filed by residents of Flint , Michigan who are pursing civil rights claims against local and state officials over lead contamination in the city's water supply. The justices left in place a July

WASHINGTON (Reuters) - The U.S. Supreme Court on Monday gave the green light to two class-action lawsuits filed by residents of Flint , Michigan who are pursing civil rights claims against local and state officials over lead contamination in the city’s water supply.


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WASHINGTON, Jan 21 (Reuters) - The U.S. Supreme Court on Tuesday let residents of Flint, Michigan pursue a civil rights lawsuit against the city and government officials that accused them of knowingly allowing the city's water supply to become contaminated with lead.

The justices turned away two appeals by the city and the state and local officials of a lower court ruling that allowed the lawsuit to move forward. The lower court rejected a demand for immunity by the officials, finding that they violated the residents' right to "bodily integrity" under the U.S. Constitution by providing the tainted water after switching water sources in a cost-cutting move in 2014.

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As Flint ’s water crisis surfaced last fall, Congress was considering the E.P.A.’s effort to clarify its regulatory President Obama vetoed that legislation last month, but more than two dozen states have sued to Advocates say that lets utilities declare their water safe even if contamination is uncovered.

On Friday, local media released a report that Flint may sue the state of Michigan over lead contamination in the city's water supply. The state Court of Claims received the notice on March 24th. So far, Flint Mayor Karen Weaver's office has not provided a comment about this news.

The justices' action comes as similar class-action cases are currently on appeal at the Cincinnati, Ohio-based 6th U.S. Circuit Court of Appeals.

Flint switched its public water source from Lake Huron to the Flint River to reduce costs during a financial crisis. The corrosive river water caused lead to leach from pipes.

Lead poisoning can stunt children's cognitive development. No level of exposure is considered safe.

The city switched back to Lake Huron water the next year. The contaminated river water also triggered an outbreak of bacteria-caused Legionnaires' disease, which killed 12 people and sickened dozens of others

Lawsuits over Flint's water have proliferated in recent years. The number of people who have reported being harmed through exposure to contaminants in Flint, including lead and bacteria, or who experienced ailments such as rashes and hair loss, has reached more than 25,000, including more than 5,000 children under 12, according to court records.

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On Monday, the US Supreme Court allowed two class action lawsuits filed by residents of Flint , Michigan , who are pursuing civil rights claims against local and state officials over lead contamination in the city's water supply. The 6th Circuit decided that the civil rights claims could proceed, ruling they

Supreme Court Justices Appear Skeptical Of ‘Bridgegate’ Corruption Convictions. “It is anticipated, however, that the injury caused by the lead- contaminated public water supply system will The EPA knew Flint officials “were not warning Flint ’s residents that they were being supplied lead-laced water .

The cases center on the Constitution's 14th Amendment guarantee of due process under the law, which can protect people from government-induced harm to their personal security or health, a legal principle known as "bodily integrity."

Courts have previously enforced the right to confront abuses of power in cases of direct physical intrusion, such as non-consensual medical procedures or forced drug administration.

The defendants argued that the lower courts have dangerously expanded that right by applying it to policy decisions that result in public exposure to environmental toxins. They also argued they are protected from the claims through a legal doctrine known as "qualified immunity" because they could not have known they could be held liable for "doing the best they could in difficult circumstances with limited information."

The case before the justices was filed in 2016 by two Flint residents including Shari Guertin, who said that she and her child were exposed to high levels of lead.

Calling the water crisis a "government-created environmental disaster" in a 2019 ruling, the 6th Circuit green-lighted the constitutional claims and rejected immunity for the officials.

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