Written by Tanya Terry
This week, Judge Linda V. Parker made a second ruling since the government shutdown began, which denied the EPA’s request to put a Flint Water Crisis lawsuit against the agency on hold until Congress passes a new funding bill.
The case is focused on the EPA’s alleged negligence and the accountability under the Federal Tort Claims Act. The act allows individuals to sue the U.S. government for personal injury, death or property damage caused by the negligent actions of federal employees.
Regarding the EPA’s request to put the lawsuit on hold, Parker stated:” …The Court sees no reason why the lapse in appropriations should preclude the Government’s participation in this matter.”
When the government shutdown began, on October 1, the EPA Department of Justice attorneys requested stays in two cases related to the Flint Water Crisis. They argued that federal employees are prohibited from working, except in very limited circumstances, such as “emergencies involving the safety of human life or the protection of property.” The employees are also forbidden from working voluntarily.
In September of this year, Parker ruled there was sufficient evidence to hold the federal government liable under the “Good Samaritan doctrine.” The doctrine states entities are responsible for harm caused by their negligent actions, even if the entities were acting voluntarily.
The EPA’s own attorney general had previously found the EPA had the information on the contaminated water and the authority that would have allowed them to act on behalf of Flint residents as early as June 2015.
However, the EPA says it was not involved in the decision to switch water sources and should therefore, in their opinion, should not be held responsible for the water not being properly treated.
A court date has not been scheduled in Parker’s court regarding this matter.
The EPA also requested a pause in different lawsuit related to the Flint Water Crisis, which is set to appear before Judge Judith E. Levy.
In 2021, Levy approved the $626 million class action settlement for Flint residents with the State of Michigan, the City of Flint and multiple other parties.
Levy is now responsible for overseeing another lawsuit, which involved about 1,000 children. The children were those represented by the Levy Konisgberg lawfirm, although the settlement covered a broader population of minors.
On October 8, Levy also denied the government’s motion to delay this case due to the government shutdown.
A trial in Levy’s court is scheduled to begin on January 26, 2026, in Ann Arbor, Michigan.
