Judge orders $626m payment to settle Flint, Michigan water scandal

Criminal cases still pending, including against former governor

In a major win in the years-long battle over contaminated water in Flint, Michigan, a court has approved a settlement of $626m in favour of residents of the city.

District Judge Judith Levy said in her opinion: “The settlement reached here is a remarkable achievement for many reasons, not the least of which is that it sets forth a comprehensive compensation program and timeline that is consistent for every qualifying participant.”

Recognised as one of the worst environmental and public health disasters in US history, residents of Flint were exposed to dangerous levels of lead contamination in drinking water.

Criminal cases are still pending relating to the scandal.

The deal makes compensation available to Flint children who were exposed to the water, adults who can show an injury, certain business owners, and anyone who paid water bills.

Half of the population has signed up for a share of the settlement.

Approximately 80 per cent of what’s left after legal fees is earmarked for children, though it is not certain how much each child will receive — families will need to provide evidence of injury, such as medical records, blood tests, and neurological results.

“Plaintiffs’ motion for attorney fees will be addressed in a separate opinion and order,” Judge Levy said. Attorneys are seeking as much as $200m in legal fees.

The majority of the settlement, $600m, will be paid by the state of Michigan, which is accused of repeatedly ignoring the problem.

Flint is paying $20m toward the settlement, while McLaren Health is paying $5m, and an engineering firm, Rowe Professional Services, is paying $1.25m. Lawsuits still are pending against the Environmental Protection Agency, McLaren, and other engineering firms.

The Flint water crisis dates back to 2014 when a decision was made to draw water from the Flint River rather than from Lake Huron, in an effort to save money. The decision was approved by city managers and regulators in the administration of then-Governor Rick Snyder.

The state did not ensure that the correct corrosion-control chemicals were added to the new water supply.

Over time, lead in old pipes broke off and began seeping into the water that was being distributed to homes in the city.

There is no safe level of lead in water. Residents soon began to complain that the water was discoloured, smelled bad, and was causing rashes when used for bathing. Worse still, lead can harm a child’s brain development and cause attention and behaviour problems.

Their concerns were largely ignored, and many pointed to the fact that as the majority of the population of 90,000 is black, it is a prime example of environmental racism.

Eventually, the city switched back to a Detroit regional water agency in late 2015 after it was publicly reported that children in the city had been found to have elevated lead levels.

“This is a historic and momentous day for the residents of Flint, who will finally begin to see justice served,” said Ted Leopold, one of the lead attorneys in the litigation.

Corey Stern, another key lawyer in the case, said he represented “many brave kids who did not deserve the tragedy put on them”.

This is not the end of legal proceedings relating to the case. Nine people, including the former governor, have been charged with crimes. They have pleaded not guilty and their cases are pending.

With reporting from the Associated Press.