Written by Tanya Terry, with photo by charlesdeluvio on Unsplash
The United States District Court for the Eastern District of Michigan denied the U.S. Environmental Protection Agency’s (EPA’s) motion for summary judgment regarding a lawsuit against the agency over the Flint Water Crisis on September 22 of this year.
The Court stated the EPA could instead be held accountable for its negligence.
Additionally, the Court found that there is sufficient evidence to hold the EPA liable under the Good Samaritan doctrine. The doctrine states that an entity is responsible for harm caused by its negligent actions, even when the actions were undertaken voluntarily and done negligently.
The lawsuit, which will move forward now toward a bellwether trial, alleges the EPA had the authority to intervene during the Water Crisis under the Safe Drinking Water Act. Instead, it says the agency failed to oversee and enforce safe drinking water standards in Flint.
The court rejected the government’s argument that is was immune from lawsuits under the Federal Tort Claims Act (FTCA), which enables private citizens to sue the government for certain civil wrongs causing loss or harm.
This was the government’s third attempt to dismiss negligence lawsuits brought against it over the EPA’s role in the Crisis.
This lawsuit is separate from from other settlements, such as with state officials and other entities. Unlike the entities who have agreed to a settlement, the EPA states it was not involved in the decision to switch Flint’s water source to the Flint River. Therefore, the EPA has pointed to other entities as being potentially responsible for the Water Crisis.
Paul J. Napoli, partner at Napoli Shkolnik PLLC, which represents represents Flint families, called the recent ruling “a major victory in the fight for justice for Flint’s children and families.”
Napoli added: “For too long, the government has tried to evade responsibility for turning a blind eye to poisoned water flowing into homes, schools and businesses. Today, the Court reaffirmed that no one, not even the federal government, is above the law when it comes to protecting the health and lives of American families.”
“This case is about more than Flint, it is about ensuring federal agencies cannot abandon communities in crisis without consequence,” stated Napoli “The people of Flint have waited over a decade for accountability. This decision puts us one step closer to delivering justice, truth and compensation for the victims of this man-made disaster.”
In January 2026, a bench trial involving about 1,000 children for a different case concerning the Flint Water Crisis is also scheduled to take place.
