Written by Tanya Terry
Since the EPA (Environmental Protection Agency) recently lifted the emergency order for Flint’s drinking water, Cary McGehee, co lead plaintiff’s liaison counsel regarding the Flint Water Crisis, stated that counsel and many Flint residents she has spoken with have been extremely concerned.
“The infrastructure was severely damaged by the corrosive water, and that continues to be a problem, even though most of the pipes-though not all-have been replaced,” McGehee said. “The replacing of the pipes has not resolved problems in the interior plumbing that were caused by the corrosive water in people’s homes. So, there are still concerns about lead leaching into the water. People are not confident that their water is safe to drink. So, they are still needing to use filters. There is still a great need for federal oversight.”
In addition, McGehee talked to the Courier about the EPA’s “actions in the lawsuit” filed against them arising out of the Flint Water Crisis from over eight years ago.
According to the McGehee, the reason for the filing of the lawsuit she is part of is: “The EPA was the entity primarily responsible for the oversight of the water system and ensuring the people of Flint had safe water to drink-and they ‘grossly neglected’ to fulfill their obligations in protecting the people of Flint.”
McGehee added: “The EPA is the only entity that has not come to the settlement table and resolved the claims and offered compensation to the people of Flint for their negligence.”
McGehee pointed out counsel has been trying to get a trial date for the case before a federal judge in Detroit, Judge Linda Parker. Judge Parker is a former director of the Michigan Department of Civil Rights.
“The EPA is trying to obstruct the people from Flint from having their trial date,” McGehee said. “There has not been a trial arising out of the Flint Water Crisis. This would be the first opportunity for the people of Flint to have about what happened during the Flint Water Crisis and how they have been damaged by it. Instead of allowing it to happen, or coming to the settlement table, the EPA has continued to fight and claim they are immune from liability based on sovereign immunity. They’ve lost now on that argument three times. Two different federal judges have denied their motion, finding that they do not qualify for sovereign or governmental immunity and that the people of Flint have a right to a trial in the case. The EPA is more or less stating that they don’t want to talk about resolution until an appeal happens. They don’t want a trial until an appeal happens, and that could take another two to three years.”
McGehee also stated that in the case against the EPA, counsel is not just claiming physical injuries in relation to the lead poisoning for the children. They are also claiming psychological damages for the children and the adults, which was not part of the larger Flint settlement.
“In this case, finally the people of Flint will be able to have an opportunity to testify about how this whole crisis affected them psychologically and the trauma associated with that. I think that is very important with the damage done to this community.”
The lawsuit against the EPA regarding the Flint Water Crisis is not a class action, but rather a group action, also referred to as a “mass tort”. This means it involves numerous individual plaintiffs suing the same defendant (the EPA) over similar but not identical claims arising from the same event.
McGehee stated there are currently more than 8,000 plaintiffs in the case.
“What I think the people of Flint can do, and what they want to do is get the EPA to stop hiding behind governmental immunity because they’ve lost in that argument in the court, or come to the settlement table like all the other governmental agencies have done in this case and finally own up and provide compensation to the people.”
The EPA provided the following statement to the Courier:
Meanwhile, a grassroot effort has been being discussed by several community members to walk to the federal court house in Ann Arbor to address the EPA’s refusal to allow the case to go to trial now or take part in the settlement.
McGehee said the walk from Selma, Alabama to Montgomery, Alabama in 1965 in the fight for equal rights for Blacks was about 55 miles.
“That’s almost the same amount of miles between Flint and Ann Arbor. This would be a walk for equal employment rights and social and economic justice. The people of Flint are talking about some type of grassroots effort to bring to the attention to the people at large the EPA’s failure to address the harm that they did.”
McGehee stated that “As time goes on, to the benefit of the defendant who is being sued, memories fade.”
She added: “We know justice delayed is justice denied.”
Link to EPA website for Flint residents: https://www.epa.gov/flint
