Legal Battle to Remove Flint’s Lead Pipes is Officially Closed
City and state urged to remove remaining lead lines as quickly as possible
Flint, MI – The legal battle to replace Flint’s lead drinking water pipes and restore property damaged in the process is officially over, one year after work required by terms set by a federal court was completed. It has been nine years since a court-ordered settlement required city and state officials to remedy the public health emergency resulting from widespread lead contamination.
In Flint, nearly 11,000 lead pipes were replaced and more than 28,000 properties restored. In addition, the crisis in Flint changed the conversation about environmental justice in communities across the country and drew attention to lead issues across the U.S.
“We made it this far because of the tenacity of Flint residents, who never gave up fighting for safe drinking water. While the legal obligations have ended, there is no doubt that the community will be watching and holding our officials accountable to the law,” said Melissa Mays of Water You Fighting For.
There is no safe level of lead exposure. As there remains some lead-tainted infrastructure in the City’s water system, community leaders recommend continuing to use filtered water.
“This milestone marks an important moment for the Flint community’s recovery from the Flint water crisis. Although the legal work in this case is over, I look forward to continuing to fight for justice and economic opportunity for Flint residents,” said Pastor Allen C. Overton of the Concerned Pastors for Social Action.
"The people of Flint stood together to stop the government from poisoning their families, children, and neighbors by lead-contaminated drinking water. Not only did Flint residents successfully fight to remove their city’s lead pipes, they convinced an American president that no one in any town, in any state, should ever have lead in their drinking water. Flint changed America, for the better," said Addie Rolnick, attorney with NRDC (Natural Resources Defense Council).
“It was the people of Flint who brought the water crisis to light and tirelessly fought for justice,” said Bonsitu Kitaba, legal director for the ACLU of Michigan. “Their heroic efforts resulted in the lead pipes being replaced and properties being restored. We are deeply grateful to them for never giving up despite a nearly decades long battle to attain what everyone deserves – access to clean, safe drinking water.”
Since 2017, plaintiffs Melissa Mays, Flint-based Concerned Pastors for Social Action, the ACLU of Michigan, and the NRDC have remained vigilant to hold the city to account for its slow progress in replacing lead pipes and restoring damage done to lawns, sidewalks, and driveways in the process. The group returned to court six times in six years to ensure the city properly managed its lead pipe replacement program and that every eligible resident received the benefits guaranteed to them by the court-ordered settlement in the Safe Drinking Water Act lawsuit.
Background
The Flint water crisis began in 2014, after cost-cutting measures and improper water treatment resulted in lead-contaminated drinking water leaching out from aging pipes into homes citywide.
Health experts agree there is no safe level of exposure to lead. In addition to long-known risks, such as damage to children’s brains and certain cancers, the American Heart Association issued a formal scientific statement emphasizing there is significant evidence that exposure to lead is linked to numerous cardiovascular diseases, including stroke and heart attack. The risk of heart disease is especially high in populations of color and low socioeconomic means.
Outraged by the failure of city, state, and federal agencies to stop the public health emergency of widespread lead contamination, Flint residents and nonprofits sued Flint and Michigan state officials to secure safe water. The result was a landmark settlement in March 2017, under which a federal court in Detroit ordered Flint to give every resident the opportunity to have their lead pipe replaced at no cost, as well as conduct comprehensive tap water testing, implement a faucet filter distribution and education program, and maintain funding for health programs to help residents deal with the effects of Flint’s tainted water.
The Flint water crisis changed the conversation about environmental justice in communities across the country and drew attention to lead issues across the U.S. It was also a reminder that everyone needs safe drinking water, no matter their race, income or zip code—but not everyone has access to it. The story of Flint has inspired action in the states, Congress, and even the White House to replace dangerous lead pipes so that no other community would face a crisis like Flint residents faced. Congress allocated $15 billion to help cities and states identify and replace lead water pipes. The EPA issued a new federal rule requiring every lead pipe to be replaced in the next ten years, which the Trump administration has allowed to stand, though water utilities are challenging it in court. And so, the work continues.
NRDC (Natural Resources Defense Council) is an international nonprofit environmental organization with more than 3 million members and online activists. Established in 1970, NRDC uses science, policy, law and people power to confront the climate crisis, protect public health and safeguard nature. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Beijing and Delhi (an office of NRDC India Pvt. Ltd).