U.S. Supreme Court lets Flint, Michigan residents sue over water contamination

By Andrew Chung

WASHINGTON (Reuters) – The U.S. Supreme Court on Tuesday let residents of Flint, Michigan pursue a civil rights lawsuit against the city and government officials that accused them of knowingly allowing the city’s water supply to become contaminated with lead.

The justices turned away two appeals by the city and the state and local officials of a lower court ruling that allowed the lawsuit to move forward. The lower court rejected a demand for immunity by the officials, finding that they violated the residents’ right to “bodily integrity” under the U.S. Constitution by providing the tainted water after switching water sources in a cost-cutting move in 2014.

The justices’ action comes as similar class-action cases are currently on appeal at the Cincinnati, Ohio-based 6th U.S. Circuit Court of Appeals.

Flint switched its public water source from Lake Huron to the Flint River to reduce costs during a financial crisis. The corrosive river water caused lead to leach from pipes.

Lead poisoning can stunt children’s cognitive development. No level of exposure is considered safe.

The city switched back to Lake Huron water the next year. The contaminated river water also triggered an outbreak of bacteria-caused Legionnaires’ disease, which killed 12 people and sickened dozens of others

Lawsuits over Flint’s water have proliferated in recent years. The number of people who have reported being harmed through exposure to contaminants in Flint, including lead and bacteria, or who experienced ailments such as rashes and hair loss, has reached more than 25,000, including more than 5,000 children under 12, according to court records.

The cases center on the Constitution’s 14th Amendment guarantee of due process under the law, which can protect people from government-induced harm to their personal security or health, a legal principle known as “bodily integrity.”

Courts have previously enforced the right to confront abuses of power in cases of direct physical intrusion, such as non-consensual medical procedures or forced drug administration.

The defendants argued that the lower courts have dangerously expanded that right by applying it to policy decisions that result in public exposure to environmental toxins. They also argued they are protected from the claims through a legal doctrine known as “qualified immunity” because they could not have known they could be held liable for “doing the best they could in difficult circumstances with limited information.”

The case before the justices was filed in 2016 by two Flint residents including Shari Guertin, who said that she and her child were exposed to high levels of lead.

Calling the water crisis a “government-created environmental disaster” in a 2019 ruling, the 6th Circuit green-lighted the constitutional claims and rejected immunity for the officials.

(Reporting by Andrew Chung; Editing by Will Dunham)

Reuters finds 3,810 U.S. areas with lead poisoning double Flint’s

Reuters finds 3,810 U.S. areas with lead poisoning double Flint’s

By M.B. Pell and Joshua Schneyer

(Reuters) – Since last year, Reuters has obtained neighborhood-level blood lead testing results for 34 states and the District of Columbia. This data allows the public its first hyper-local look at communities where children tested positive for lead exposure in recent years.

While the number of children with high lead levels has plummeted across the U.S. since lead paint and gasoline were phased out in the 1970s and 1980s, many communities remain exposed to the toxic heavy metal, the data show.

In all, Reuters has identified 3,810 neighborhood areas with recently recorded childhood lead poisoning rates at least double those found across Flint, Michigan, during the peak of that city’s water contamination crisis in 2014 and 2015. Some 1,300 of these hotspots had a rate of elevated blood tests at least four times higher than Flint’s.

Reuters defined an elevated result as any test higher than the Centers for Disease Control and Prevention’s current reference number of 5 micrograms per deciliter, the level at which the agency recommends a public health intervention.

The news agency obtained the data, broken down by census tract or zip code, from state health departments or the CDC through records requests. U.S. census tracts are small county subdivisions averaging 4,000 residents. Zip codes have average populations of 7,500.

This newest map reflects additional data obtained this year, and includes some changes to data initially published by Reuters in a map last December.

The map now includes testing data for additional states and cities: Kansas, Georgia, Tennessee, Vermont, North Carolina, New York City and Washington, DC.

The newly identified communities with high rates of elevated childhood lead levels include a historic district in Savannah, Georgia, areas in Rutland, Vermont, near the popular skiing mountain Killington, and a largely Hasidic Jewish area in Brooklyn.

The updated map includes other minor changes. Recently, the CDC provided testing results to correct data it previously released to Reuters for Pennsylvania, Ohio, New Jersey, Virginia and Louisiana. Responding to earlier records requests, the CDC mistakenly released test results for all children under 16, though the news agency requested testing results for children under six – the age group most likely to be affected by lead exposure.

Still, even with the updated CDC data, the number of areas with high rates of elevated lead tests increased or remained about the same in each state.

The map now features zip code level data for Los Angeles County, California, provided by the state’s Department of Public Health. An earlier version featured census tract level results, but reporters discovered the county’s epidemiologist had misclassified some of them. The county has declined to provide corrected data.

(Editing by Ronnie Greene)

Michigan governor denies misleading U.S. House on Flint water

Michigan Governor Rick Snyder is seen at a bill signing event in Detroit, Michigan, U.S. on June 20, 2014. Picture taken on June 20, 2014. REUTERS/Rebecca Cook

By David Shepardson

(Reuters) – Michigan Governor Rick Snyder denied Thursday that he had misled a U.S. House of Representatives committee last year over testimony on Flint’s water crisis after lawmakers asked if his testimony had been contradicted by a witness in a court hearing.

The House Oversight and Government Reform Committee wrote Snyder earlier Thursday asking him about published reports that one of his aides, Harvey Hollins, testified in a court hearing last week in Michigan that he had notified Snyder of an outbreak of Legionnaires’ disease linked to the Flint water crisis in December 2015, rather than 2016 as Snyder had testified.

“My testimony was truthful and I stand by it,” Snyder told the committee in a letter, adding that his office has provided tens of thousands of pages of records to the committee and would continue to cooperate fully.

Last week, prosecutors in Michigan said Dr. Eden Wells, the state’s chief medical executive who already faced lesser charges, would become the sixth current or former official to face involuntary manslaughter charges in connection with the crisis.

The charges stem from more than 80 cases of Legionnaires’ disease and at least 12 deaths that were believed to be linked to the water in Flint after the city switched its source from Lake Huron to the Flint River in April 2014.

Wells was among six current and former Michigan and Flint officials charged in June. The other five, including Michigan Health and Human Services Director Nick Lyon, were charged at the time with involuntary manslaughter stemming from their roles in handling the crisis.

The crisis in Flint erupted in 2015 when tests found high amounts of lead in blood samples taken from children in the predominantly black city of about 100,000.

The more corrosive river water caused lead to leach from pipes and into the drinking water. Lead levels in Flint’s drinking water have since fallen below levels considered dangerous by federal regulators, state officials have said.

(Reporting by David Shepardson; Editing by Jonathan Oatis)

Michigan to charge state’s top medical official in Flint water deaths

Reuters finds 3,810 U.S. areas with lead poisoning double Flint’s

(Reuters) – Michigan’s top medical official will be charged with involuntary manslaughter for her role in the city of Flint’s water crisis, which was linked to an outbreak of Legionnaires’ disease that caused at least 12 deaths, state prosecutors said on Monday.

Dr. Eden Wells, the state’s chief medical executive who already faced lesser charges, would become the sixth current or former official to face involuntary manslaughter charges in connection with the crisis.

The state intends to add involuntary manslaughter and misconduct in office to the other charges of obstruction of justice and lying to police that Wells already faces, a spokeswoman for Michigan Attorney General Bill Schuette said.

Jerold Lax, an attorney for Wells, said he first learned of the proposed additional charges at a pre-trial hearing on Monday when special prosecutor Todd Flood announced the state’s intention to file them.

Flood “indicated on the record that he would be providing us some additional information in relation to the charges,” Lax said, adding that he had no further comment.

The charges stem from more than 80 cases of Legionnaires’ disease that were believed to be linked to the water in Flint after the city switched its source from Lake Huron to the Flint River in April 2014.

Wells was among six current and former Michigan and Flint officials charged in June. The other five, including Michigan Health and Human Services Director Nick Lyon, were charged at the time with involuntary manslaughter stemming from their roles in handling the crisis.

Involuntary manslaughter is a felony that carries a sentence of up to 15 years in prison.

In court documents, prosecutors had previously said Wells lied to police about when she became aware of the Legionnaires’ outbreak and that she threatened a team of independent researchers who were studying the source of the disease.

Flood said Monday he was seeking the new charges based on new review of documents and testimony that came out last week, the Detroit Free Press reported.

The crisis in Flint erupted in 2015 when tests found high amounts of lead in blood samples taken from children in the predominantly black city of about 100,000.

The more corrosive river water caused lead to leach from pipes and into the drinking water. Lead levels in Flint’s drinking water have since fallen below levels considered dangerous by federal regulators, state officials have said.

(Reporting by Peter Szekely in New York; Editing by Bill Trott and Grant McCool)

Michigan to charge top medical official in Flint water deaths

A sign is seen next to a water dispenser at North Western High School in Flint, a city struggling with the effects of lead-poisoned drinking water in Michigan, May 4, 2016.

(Reuters) – Michigan’s top medical official will be charged with involuntary manslaughter for her role in the city of Flint’s water crisis, which was linked to an outbreak of Legionnaires’ disease that caused at least 12 deaths, state prosecutors said on Monday.

Dr. Eden Wells, who already faced lesser charges, would become the sixth current or former official to face involuntary manslaughter charges in connection with the crisis.

The state intends to add involuntary manslaughter and misconduct in office to the other charges of obstruction of justice and lying to police that Wells already faces, a spokeswoman for Michigan Attorney General Bill Schuette said.

An attorney for Wells, the state’s chief medical executive, could not immediately be reached by Reuters but Jerold Lax, one of her attorneys, told the Detroit Free Press they only learned of the proposed additional charges at a pre-trial hearing on Monday.

The charges stem from more than 80 cases of Legionnaires’ disease that were believed to be linked to the water in Flint after the city switched its source from Lake Huron to the Flint River in April 2014.

Wells was among six current and former Michigan and Flint officials charged in June. The other five, including Michigan Health and Human Services Director Nick Lyon, were charged at the time with involuntary manslaughter stemming from their roles in handling the crisis.

Involuntary manslaughter is a felony that carries a sentence of up to 15 years in prison.

In court documents, prosecutor had previously said Wells lied to police about when she became aware of the Legionnaires’ outbreak and that she threatened a team of independent researchers who were studying the source of the disease.

Special prosecutor Todd Flood said Monday he was seeking the new charges based on new review of documents and testimony that came out last week, the newspaper said.

The crisis in Flint erupted in 2015 when tests found high amounts of lead in blood samples taken from children in the predominantly black city of about 100,000.

The more corrosive river water caused lead to leach from pipes and into the drinking water. Lead levels in Flint’s drinking water have since fallen below levels considered dangerous by federal regulators, state officials have said.

 

(Reporting by Peter Szekely in New York; Editing by Bill Trott)

 

Michigan sues Flint over failing to approve long-term water deal

FILE PHOTO - The Flint Water Plant tower is seen in Flint, Michigan, U.S. on February 7, 2016. REUTERS/Rebecca Cook/File Photo

By Suzannah Gonzales and Chris Kenning

(Reuters) – Michigan sued the city of Flint on Wednesday in federal court over its failure to approve a long-term drinking water source for residents.

Flint switched its water supply in 2014, sparking a crisis that was linked to an outbreak of Legionnaires’ disease and at least 12 deaths, as well as exposure of residents to dangerously high lead levels. Since October 2015, the city has obtained its water from the Great Lakes Water Authority.

But the Flint city council’s refusal this week to approve a long-term agreement with the supplier, negotiated by the city’s mayor, without proposing a reasonable alternative, will “cause an imminent and substantial endangerment to public health in Flint,” according to the lawsuit filed by the Michigan Department of Environmental Quality in U.S. District Court in Detroit.

The state is asking the court to bar Flint from changing water sources and adopt the long-term agreement.

“While disappointing that the state and federal government are now involved in making a decision we as city leaders should be making for Flint, I cannot say that I am surprised,” Flint Mayor Karen Weaver said in a statement. She added that her plan was best option.

Instead of approving the long-term agreement, the city council voted on Monday to extend until September its contract with the Great Lakes Water Authority, local media reports said.

City Council President Kerry Nelson told the Detroit News the state’s June 26 deadline was too rushed for council members, who needed more time to examine the deal.

Michigan Governor Rick Snyder and state officials on Wednesday called on the council to approve the mayor’s deal.

“The city is well on its way to a full recovery, and to hinder that progress now would be a major and costly setback for residents,” Snyder’s spokeswoman, Anna Heaton, said.

The crisis erupted in 2015 after tests found high amounts of lead in blood samples taken from children in the industrial city of about 100,000, whose population is predominantly black.

The city had started using the Flint River for water in 2014. Water to Flint from the Great Lakes Water Authority comes from Lake Huron.

The more corrosive river water caused lead to leach from pipes and into the drinking water. Lead levels in Flint’s drinking water have now fallen below levels considered dangerous by federal regulators.

Earlier this month, six current and former Michigan and Flint officials were criminally charged for their roles in the crisis.

(Reporting by Suzannah Gonzales and Chris Kenning in Chicago; Editing by G Crosse, Matthew Lewis and David Gregorio)

Suspect in Michigan airport stabbing to make court appearance

By Steve Friess

FLINT, Mich. (Reuters) – A man charged with stabbing an airport police officer in an attack federal investigators are probing as an act of terrorism is expected to appear in a Michigan federal court on Wednesday.

Amor Ftouhi, 49, of Quebec, Canada, was charged in federal court with violence at an international airport for stabbing officer Jeff Neville at the Bishop International Airport in Flint on June 21. Neville underwent surgery and has left the hospital, local media reported.

Ftouhi, originally from Tunisia and who holds dual Tunisian-Canadian citizenship, is expected to appear before U.S. Magistrate Judge Stephanie Dawkins Davis at the federal courthouse in Flint on Wednesday morning.

Ftouhi legally entered the United States from Lake Champlain, New York, on June 16 before making his way to Flint, the Federal Bureau of Investigation said. Officials said Ftouhi targeted a city with an international airport, but declined to say why Flint was chosen.

Ftouhi, who was not on the radar of U.S. or Canadian authorities before the attack, was in Michigan as early as June 18, the FBI said. U.S. and Canadian investigators are probing his travel before the attack.

According to the criminal complaint, Ftouhi yelled in Arabic “Allahu akbar” (God is greatest) before stabbing Neville.

He also said something to the effect of “You have killed people in Syria, Iraq and Afghanistan, and we are all going to die,” the complaint said.

Ftouhi attempted to buy a gun before the attack, but was unable to do so, the FBI said.

FBI officials declined to provide details on where Ftouhi attempted to buy the gun or what type of gun he tried to purchase. The 12-inch, serrated knife Ftouhi used in the attack was bought in the United States.

(Additional reporting and writing by Timothy Mclaughlin in Chicago; Editing by Andrew Hay)

FBI says probing Michigan airport stabbing as ‘act of terrorism’

Police investigators talk outside the home of Amor Ftouhi, in Montreal, Quebec, Canada, June 21, 2017. Ftouhi has been identified as a suspect by the FBI in the stabbing of a police officer inside the main terminal of a small airport in Flint, Michigan. REUTERS/Christinne Muschi

By Ben Klayman and Christinne Muschi

DETROIT/MONTREAL (Reuters) – The Federal Bureau of Investigation said on Wednesday it was investigating as an act of terrorism the stabbing of a police officer inside the main terminal of a small airport in Flint, Michigan.

“I will tell you that we are investigating this incident today that happened at about 9:45 this morning as an act of terrorism,” David Gelios, special agent in charge of the Detroit division of the FBI, told reporters outside Bishop International Airport.

The U.S. Department of Justice identified the suspect as Amor M. Ftouhi, 49, of Quebec, Canada. Ftouhi legally entered the United States from Lake Champlain, New York, on June 16 before making his way to Flint, Gelios said.

According to a criminal complaint, Ftouhi yelled in Arabic “Allahu akbar” (God is greatest) before stabbing Lieutenant Jeff Neville of the airport’s Department of Public Safety.

Neville was in satisfactory condition after undergoing surgery and expected to fully recover, police said.

“When the subject went up to the officer and stabbed him, he continued to exclaim ‘Allah’ and made a statement, something to the effect of ‘You have killed people in Syria, Iraq and Afghanistan and we are all going to die,” Gelios said.

Ftouhi has been charged with violence at an international airport, which carries a maximum penalty of up to 20 years in prison if convicted.

Gelios said other charges could be lodged against Ftouhi.

U.S. officials, who have questioned Ftouhi, currently believe he acted alone and was not part of a larger plot, Gelios said.

“Suffice it to say, he has a hatred for the United States,” Gelios said of Ftouhi.

Gelios described the weapon as a 12-inch knife with an 8-inch serrated blade. Ftouhi was a “lone wolf attacker,” he said.

It took four people to subdue Ftouhi, including the officer he stabbed and a nearby maintenance worker, said Chris Miller, the airport’s director of public safety. Miller and another officer also assisted.

According to the criminal complaint, after he was subdued Ftouhi asked why he had not been killed.

The airport was evacuated and there were no other injuries. It reopened on Wednesday evening.

A small regional airport, it has, on average, 16 commercial flights arriving or departing each day, according to FlightAware, a flight tracking service.

Officials in the United States and Canada condemned the attack and said that agencies in both countries would work together to investigate the incident.

“Any attack on someone who serves and protects our citizens will be investigated and prosecuted to the fullest extent of the law,” U.S. Attorney General Jeff Sessions said in a statement, adding that he had spoken with FBI officials about the attack.

Canada’s Public Safety Minister Ralph Goodale called the attack “heinous and cowardly.”

“We will do everything we possibly can to assist in this matter,” Goodale told reporters.

Police in Montreal went to an apartment building in the city’s Saint Michel area on Wednesday in connection with the stabbing, according to Radio-Canada, the French-language arm of Canada’s public broadcaster.

Radio-Canada reported that police questioned three people but did not search the apartment.

Police were guarding the entrance and rear doorway of the four-story building in Saint Michel, a lower income neighborhood with a large immigrant population, according to a Reuters eyewitness. A small crowd had gathered across the street.

Royal Canadian Mounted Police did not immediately return Reuters requests for comment.

(Additional reporting by Jonathan Allen in New York, Timothy Mclaughlin in Chicago, Erich Beech in Washington and Anna Mehler Paperny and Amran Abocar in Toronto; Editing by Lisa Shumaker, Toni Reinhold)

Six Michigan officials criminally charged in Flint water crisis

FILE PHOTO - The Flint Water Plant tower is seen in Flint, Michigan, U.S. on February 7, 2016. REUTERS/Rebecca Cook/File Photo

By Timothy Mclaughlin

(Reuters) – Six current and former Michigan and Flint officials were criminally charged on Wednesday for their roles in the city’s water crisis that was linked to an outbreak of Legionnaires’ disease that caused at least 12 deaths, the state’s attorney general said.

Five of the officials, including Michigan Health and Human Services Director Nick Lyon, were charged with involuntary manslaughter stemming from their roles in handling the crisis, Michigan Attorney General Bill Schuette said in a statement.

Involuntary manslaughter is a felony that carries a sentence of up to 15 years in prison.

Lyon, 49, was also charged with one count of misconduct in office. The felony charge carries a sentence of up to five years in prison.

Four current and former state and Flint officials were also charged with involuntary manslaughter. The four had all been previously charged with lesser crimes in connection with the water crisis.

The state’s chief medical executive, Eden Wells, was charged Wednesday with obstruction of justice and lying to police.

Michigan Governor Rick Snyder said in a statement that Lyon and Wells have his “full faith and confidence” and would remain on duty and help in Flint’s recovery.

An attorney for Lyon could not be reached for comment. It was not immediately known if Wells had an attorney.

Schuette said his team had not spoken with Snyder as part of the investigation.

“We attempted to interview the governor. We were not successful,” Schuette said. He declined to elaborate.

Previously, Schuette, when asked if Snyder was a target in the investigation, said there were no targets but “nobody is off the table.”

Some critics have called for high-ranking state officials, including Snyder, to be charged. Snyder previously said he believed he had not done anything criminally wrong.

“The governor isn’t going to speculate on where the investigation is or is not headed, but he continues to cooperate fully,” Snyder’s spokeswoman Anna Heaton said.

Snyder’s attorney, Brian Lennon, said in a statement that Snyder was made available to testify under oath this spring after being told a subpoena would be produced, but that never occurred. He added that Snyder previously testified under oath to Congress.

Wednesday’s charges stem from more than 80 cases of Legionnaires’ disease, including the fatalities, that were believed to be linked to the water in Flint after the city switched its source to the Flint River from Lake Huron in April 2014.

Lyon was aware of the Legionnaires’ outbreak in Genesee County at least one year before he informed the public, according to court documents. His deliberate failure to inform the public resulted in the death of Genesee Township resident Robert Skidmore, 85, from Legionnaires’ in December 2015, the documents said.

Wells lied to police about when she became aware of the outbreak, according to the documents. She also threatened a team of independent researchers who were studying the source of the disease, court documents said.

“It’s good to see that state Attorney General Schuette and his team are taking this matter seriously,” Flint Mayor Karen Weaver said in a statement. “We all are waiting to see what else the investigation uncovers.”

The crisis in Flint erupted in 2015 when tests found high amounts of lead in blood samples taken from children in the predominantly black city of about 100,000.

The more corrosive river water caused lead to leach from pipes and into the drinking water. Lead levels in Flint’s drinking water have now fallen below levels considered dangerous by federal regulators, state officials said last January.

Others charged with involuntary manslaughter on Wednesday included former state-appointed emergency manager Darnell Earley, former Flint city employee Howard Croft, and former state Department of Environmental Quality officials Stephen Busch and Liane Shekter-Smith.

(Reporting by Timothy Mclaughlin in Chicago; Editing by Diane Craft and Matthew Lewis)

Contaminated water found throughout the U.S.

Water from Faucet

By Kami Klein

Drinking water and unsafe levels of lead are back in the news and it’s not about Flint Michigan this time.. Schools in the Bronx, Pennsylvania and in Massachusetts have shown levels of lead higher than in Flint.  In fact, Reuters reported nearly 3,000 areas with recently recorded lead poisoning rates that were at least double of those in Flint during the absolute peak of the city’s crisis. What is alarming is that more than 1,100 of these communities had a rate of elevated blood tests at least four times higher than those tested in Flint, Michigan.

Lead poisoning has been shown to permanently stunt a child’s intelligence and development.  In adults, lead poisoning can damage the brain and nervous system, the stomach, and the kidneys. It can also cause high blood pressure and other health problems.

There are other contaminants other than lead to be worried about in our drinking water.

Evidence was gathered by the Environmental Protection Agency (EPA) from samples of more than 60,000 water systems in all 50 states between 2013 and 2015.  These samples show that the tap water of 218 million Americans contain high levels of chromium 6. In fact, this carcinogen turned up in as much as two-thirds of our nation’s water supply! These high levels of chromium 6 were deemed unsafe by public health officials. Oklahoma, Arizona and California had the highest average statewide levels of the chemical found in their drinking supply. This was the poison in the water that got Erin Brockovich upset enough to take on huge corporations in the attempt to clean it up and help families who suffered from cancer and other disease stemming from the groundwater becoming contaminated.

Over 50% of the U.S. population depends on groundwater for drinking water. But contamination is being discovered daily from industrial waste, sewage, fertilizer runoff and pesticides.  In the United States there are thought to be over 20,000 known abandoned and uncontrolled hazardous waste sites and these sites could contaminate the groundwater if there is a leak. Research into who is monitoring these sites has not turned up a definitive answer.

Do we really know what is in our water when we drink it?   Most people want to have faith in the laws and the standards that are set for our cities but what is being discovered  in many areas, are that those standards are not being met nor are they being brought to the attention of the public.

More than half of Americans are buying bottled water assuming it is safe but bottled water is not consistently tested and there has been E Coli as well as other contaminants found in them as well.  A proven filtering bottle to carry with you or a filtering system at home, not only makes sense for your health and for your family, but is smart for the pocketbook as well!

Water is life.  Standards recommended by health officials say to drink at least 64 oz per day.  Clean drinking water is a priority for your health.

Seychelle Filtration Systems

(Additional Sources: 1. Lead in Water: What are the health Effects and Dangers , 2.Water lead levels in Bronx school ‘higher than Flint, Michigan’,3. Groundwater Contamination, 4. How safe is bottled water? 5.Public water supply is unsafe for millions of Americans, 6.Environmental Science and Letters, 7. Centers for Disease Control,8. Mother sues Pennsylvania school district over lead-tainted water