The mayor of Flint, the eastern Michigan city whose tap water is contaminated with lead announced her intention to sue the state Friday.
Court documents filed with the Michigan Court of Claims show the city of Flint intends to sue the state of Michigan, the Michigan Department of Environmental Quality and four agency employees for causing the lead water crisis.
According to the letter sent by Flint Mayor Karen Weaver, Flint officials put their trust in the state of Michigan to ensure the safety of the drinking water and the state failed them.
“The city made its decision to switch its water source to the Flint River from April 2014 through October 2015 on the authorizations, directions and advice given by the [Michigan Department of Environmental Quality],” Weaver wrote.
“As a direct and proximate result, the city has suffered or will suffer damage to its municipal water distribution system, emergency response costs arising out of the declaration of a state of emergency, attendant ongoing medical claims, lowered property values resulting in lower tax assessments, reputational damage, reduced collection rates for provision of services, permanent loss of customers and associated revenue and significantly increased civil liability.”
A lawsuit has not been filed. The letter sent to the state was a notice of intention to file a lawsuit and has been sent to Michigan Gov. Rick Snyder’s office and Michigan Attorney General Bill Schuette.
In April 2014, a state emergency manager appointed by Snyder signed off on a symbolic vote from the Flint City Council to change the city’s water source. The move aimed to cut costs by requiring the city to take its water from the Flint River instead of the Detroit Water and Sewerage Department while a new pipeline was built to connect the city to Lake Huron.
The Flint River water, however, was so acidic that it caused the lead pipes bringing water from the city’s cast iron mains into homes to corrode. Lead leached off the pipes and into the drinking water throughout the city.
A state report issued last week put the blame on the state for the crisis.
Ari Adler, a spokesman for Snyder, said the letter caught the state off-guard.
“Our office received this notice rather unexpectedly. The mayor’s office did not tell the governor’s office this was going to be happening, even though key members of the Snyder administration talk daily with key members of the Weaver administration,” Adler said.
He added that a lawsuit could make communication between the state and city more difficult while the case is pending.
“Once the city sues the state, communicating officially will be much more difficult as every conversation will need to involve questions about whether or not lawyers need to be present,” Adler said. “And, of course, an open dialogue is more difficult with anyone who has decided to take you to court rather than work together as partners to solve a problem.”
