The Flint Water Crisis: Systemic Racism Through the Lens of Flint – Report of the Michigan Civil Rights Commission

The Michigan Civil Rights Commission has just released a major report, The Flint Water Crisis: Systemic Racism Through the Lens of Flint. Oday Salim, Senior Attorney at the Great Lakes Environmental Law Center, testified before the Commission and authored the following guest post on the Commission’s report. The Flint Water Crisis: Systemic Racism Through the Lens of Flint is not just another recycled indictment of government officials with all the accompanying horrid details of the... Read more →

Federal court orders the state to deliver bottled water and inform residents about lead contamination in Flint’s drinking water

“In modern society, when we turn on a faucet, we expect safe drinking water to flow out. As the evidence shows, that is no longer the case in Flint. The Flint water crisis has in effect turned back the clock to a time when people traveled to central water sources to fill their buckets and carry the water home.” – U.S. District Court Judge David M. Lawson, Opinion and Order Granting Plaintiffs’ Motion for Preliminary... Read more →

The following guest post is by Professor Cara Cunningham Warren of the University of Detroit Mercy School of Law. Professor Warren’s background includes both domestic litigation and U.S.-Canadian law, and she is currently an LL.M. candidate at the University of Toronto Faculty of Law. Her recent article, An American Reset—Safe Water & a Workable Model of Federalism is forthcoming in the Duke Environmental Law & Policy Forum. In the article, Professor Warren explains the Flint... Read more →

Safe Drinking Water: A Tale of Three Cities - Sixteenth Annual Great Lakes Water Conference at University of Toledo College of Law

Safe drinking water will be the focus of the 16th Annual Great Lakes Water Conference on Friday, November 4, 2016 at the University of Toledo College of Law. Todd Flood, Special Counsel for the Michigan Attorney General Flint water crisis investigation (and a Toledo Law alum) will open the conference with a keynote speech, followed by a panel I’m moderating that will explore the situation and legal developments in Flint in more detail (with NRDC... Read more →

Michigan court allows claims against the state for violating Constitutional rights to bodily injury from the Flint water crisis to go forward

In one of the first court decisions on the Flint water crisis, Mays v. Snyder, the Michigan Court of Claims has ruled that a major class action based on the state’s alleged violation of individual rights to bodily integrity under substantive due process can proceed. The court’s opinion begins with a detailed factual background based on allegations which would give rise to valid claims against the state for causing the Flint water crisis and state... Read more →

Flint water crisis litigation – a reading list

Professors tend to love reading lists. I do. Here’s mine for Flint water crisis litigation, updated as needed. 1.Background – what happened in Flint, how, and why: U.S. EPA, Emergency Administrative Order re City of Flint, Michigan Department of Environmental Quality, and the State of Michigan (January 2016) Flint Water Advisory Task Force, Final Report (March 2016) Peter Hammer, The Flint Water Crisis, KWA and Strategic-Structural Racism, Written Testimony Submitted to the Michigan... Read more →