LANSING, Mich. (Legal Newsline) – Residents of Flint will be able to proceed with a class action lawsuit against state officials including Gov. Rick Snyder that says their mishandling of the city’s drinking water caused their property values to drop.
The Michigan Supreme Court made that decision on July 29, finding the plaintiffs adequately pled their allegations that the Snyder, the Department of Environmental Quality and the Department of Health and Human Services botched the switch in the source of their drinking water.
In 2014, under direction of the MDEQ, Flint switched its water source from the Detroit Water and Sewerage Department to the Flint River, a move that obviously backfired when high amounts of iron and lead were found in it.
The plaintiffs say the state officials failed to take any remedial measures and instead downplayed health risks, all while property values dropped.
“After receiving information that suggested the Flint River was contaminated with bacteria, toxic levels of lead and other contaminants, defendants allegedly concealed scientific data and made misleading statements about the safety of Flint River water,” Justice Richard Bernstein wrote.
“There is obviously no legitimate governmental objective in poisoning citizens. Plaintiffs’ allegations, if true, are so egregious and outrageous that they shock the contemporary conscience and support a finding of defendants’ deliberate indifference to plaintiffs’ health and safety.”
The plaintiffs have also adequately alleged that a state custom or policy led to their injuries, the court ruled.
“Plaintiffs’ allegations, if proved, support a conclusion that defendants considered an array of options and made a deliberate choice to effectuate the Flint River switch despite knowing the potential harms of doing so.”