Michigan Proposes strictest lead testing in country

The top of a water tower is seen at the Flint Water Plant in Flint, Michigan

DETROIT (Reuters) – Michigan officials and water experts on Friday proposed the state adopt what would be the nation’s strictest lead-testing rules in response to a water crisis in city of Flint that has fueled widespread public outrage.

A committee put in place by the state to respond to the Flint crisis recommended a lowering of the level of lead in water at which action is required by public water systems.

Any implementation would be through a combination of statutory, rule and other changes, said Ari Adler, a spokesman for Governor Rick Snyder. The potential costs, financing and timeline are still to be determined, he said.

Federal rules require action if lead levels top 15 parts per billion, but Michigan would reduce its threshold by 2020 to 10 parts per billion to align with World Health Organization standards, officials at the meeting held in Flint said.

The federal Lead and Copper Rule can only be altered nationally via federal action, according to a statement from the governor’s office. The U.S. Environmental Protection Agency told Congress on Wednesday that the agency would not have reforms ready until early 2017.

“The federal Lead and Copper Rule needs to be improved immediately,” the governor said in a statement. “It’s dumb and dangerous and in Michigan we aren’t going to wait for the federal government to fix it anymore.”

The committee also recommended that every public water system replace all lead service lines within 10 years.

Flint was under the control of a state-appointed emergency manager when it switched the source of its tap water from Detroit’s system to the Flint River in April 2014 to save money.

The city switched back last October after tests found high levels of lead in children’s blood samples. The water from the river was corrosive and leached more lead from the city pipes than Detroit water did. Lead is a toxic agent that can damage the human nervous system.

On Wednesday, Michigan lawmakers extended the state of emergency in Flint for four months, enabling the city to tap more state funds and coordinate a response with other authorities.

Other recommendations by the Flint panel on Friday included annual lead testing for all schools, day care centers and other public facilities; disclosure of lead service-line status in all home sales and rental contracts; creation of water advisory councils for public systems to give residents a stronger voice; and better public notification when lead problems arise.

(Reporting by Ben Klayman; Editing by Alden Bentley)

Flint water system improving, but still unstable

Michigan Governor Rick Snyder drinks some water as he testifies for Flint Michigan water hearing on Capitol in Washington

DETROIT (Reuters) – The drinking water in Flint, Michigan, where high lead levels led to a health crisis that drew national attention, is improving, but remains unstable, a top environmental official said Friday.

“The drinking water system is recovering,” Robert Kaplan, the U.S. Environmental Protection Agency’s acting administrator for the region that includes Flint, told local and state officials meeting in the city to discuss the crisis.

“You’ve got a dramatic decrease in the soluble lead. What we’re seeing though is particulate lead, which indicates that the system is unstable,” he told the meeting by phone.

Under the direction of a state-appointed emergency manager, Flint switched water supplies to the Flint River from Detroit’s system in 2014 to save money. The state has been criticized for its initial poor handling of the issue.

The corrosive river water leached lead, a toxic substance that can damage the nervous system, from the city’s water pipes. Flint switched back to the Detroit system last October.

“Whenever we see a positive trend in Flint’s water quality, that’s good news, but we still have much work to do to get people the quality of water they need and deserve,” Michigan Governor Rick Snyder said in a statement on Friday.

Kaplan said while the addition of chemical phosphates to recoat the pipes to inhibit corrosion is working, the almost invisible lead particles remain a random and unpredictable problem.

Kaplan said water filters reliably deal with the lead, but the best approach would be for residents to vigorously flush their home water systems by turning on all faucets and spigots and running the water to clean the sediment out and rebuild the protective phosphate coating.

He said local and state officials need to have a simple message for residents in the city of 100,000 people to take that approach.

“If we don’t have an extremely simple message, as in free water, you will not be charged for the water that you use that is related to this flushing, I’m afraid we’re not able to get that lead washed out of the system,” he said.

The state previously approved $30 million to help Flint residents pay their water bills dating back to when the switch to the Flint River was made.

Kaplan said a full recovery of Flint’s water system will take time, adding experts would not provide a time table at this point.

(Reporting by Ben Klayman; Editing by Alistair Bell)

U.S. Congress criticizes EPA, Michigan over Flint water crisis

WASHINGTON (Reuters) – A congressional panel on Tuesday criticized the Environmental Protection Agency and Michigan officials for failing to do more to sound the alarm about high levels of lead in the city of Flint’s drinking water.

“What happened in Flint can never happen again. It is almost unbelievable how many bad decisions were made,” said Representative Jason Chaffetz, a Utah Republican who chairs the House Oversight and Government Reform Committee.

“Government at every level – local, state and federal – made poor decisions.”

Flint, a predominantly African-American city of 100,000 about 60 miles northwest of Detroit, switched its water supply from the Detroit water system to the Flint River in April 2014 to cut costs. The river’s corrosive water leached lead from city pipes, creating a public health threat marked by high lead levels in blood samples taken from children.

Lead is a toxic agent that can damage the nervous system.

The crisis has drawn national attention and led to calls for Michigan Governor Rick Snyder to resign. It has also led to several lawsuits in state and federal courts, and federal and state investigations.

The water supply was switched back to the Detroit system last October.

At Tuesday’s hearing, a former regional EPA head, Susan Hedman, who resigned in February, was criticized by members of the committee for not acting sooner to use her powers as the regulator to better protect Flint residents. She defended herself, however.

“I don’t think anyone at the EPA did anything wrong, but I do believe we could have done more,” Hedman said. “I did not sit silent.”

Representative Buddy Carter, a Georgia Republican, blasted Hedman as well. “I’m sorry, there’s a special place in hell for actions like this,” he said of the former EPA official’s tenure before the Flint crisis mushroomed into a national story.

Darnell Earley, a former state-appointed emergency manager in Flint, also was criticized for failing to ask enough questions about the safety protocols in place at the time of the city’s water-source switch.

Governor Snyder and EPA Administrator Gina McCarthy are scheduled to testify before the same panel on Thursday.

Internal EPA memos and emails Chaffetz released about the crisis raised questions about the agency’s actions and the state’s incompetence.

“Lead lines + no treatment = high lead in water = lead poisoned children,” Miguel Del Toral, an EPA official critical of the agency, wrote in a Sept. 22, 2015, email to other agency officials. “At every stage of this process, it seems we spend more time trying to maintain state/local relationships than we do trying to protect the children.”

In July 2015, EPA official Jennifer Crooks said in a summary of an agency meeting on Flint that “it doesn’t make sense to discuss with the state what happened in the past … as the state sees the lead levels climbing, I don’t see the benefit in rubbing their nose in the fact that we’re right and they’re wrong.”

Virginia Tech Professor Marc Edwards, a water engineer who first raised the issue of Flint’s lead contamination, was critical of Hedman’s testimony.

“I can’t help but comment on the qualities that seem to be valued in administrators at the EPA: willful blindness, in this case to the pain and suffering of Flint residents; unremorseful for their role in causing this man-made disaster; and completely unrepentant,” he told the committee on Tuesday.

He said the EPA has never apologized for what happened in Flint. “I guess being a government agency means you never have to say you’re sorry,” Edwards said.

(Additional reporting by Ben Klayman in Detroit; Editing by Toni Reinhold and Matthew Lewis)

Lawsuit over Flint water crisis says 17 children have high lead levels

(Reuters) – A group of Flint, Michigan, parents and their children filed a class action on Monday alleging that gross negligence by Michigan Governor Rick Snyder and others caused the city’s drinking water to become contaminated with lead.

The lawsuit was filed in Detroit federal court and seeks damages for a proposed class of “tens of thousands” of Flint residents and property owners who have suffered physical or economic injuries. The named plaintiffs are seven residents and their 17 children who lawyers say have heightened lead levels.

The state’s slow response to the water crisis drew sharp rebukes from Democratic presidential candidates Bernie Sanders and Hillary Clinton on Sunday. Both called for Snyder’s resignation. A spokesman has said the Republican governor has no intention of stepping down.

Flint, a predominantly black city of 100,000, was under the control of a state-appointed emergency manager when it switched its water source in April 2014 to the Flint River from Lake Huron. The more corrosive river water caused lead to leach from city pipes and into the drinking water.

The city switched back last October after tests found high levels of lead in blood samples taken from children, but the drinking water has not returned fully to normal. Flint began replacing lead pipes running to homes on Friday.

Attorneys Hunter Shkolnik and Adam Slater allege in Monday’s lawsuit the governmental defendants failed to take measures required by federal law to eliminate the dangers and downplayed the severity of the contamination to residents.

Children are especially vulnerable to lead exposure, as even small amounts can stunt development, leading to lifelong academic and behavioral problems.

Current and former officials and workers in Michigan and Flint are named as defendants, along with engineering firm Lockwood, Andrews & Newnam, which was hired to assess the feasibility of using Flint River water.

A firm representative said the lawsuit mischaracterized its role and it would vigorously defend its position in court.

The lawsuit accuses the governmental defendants of gross negligence, which is an exception to the immunity that shields federal and state governments and employees from lawsuits over their official duties. The strength of the immunity defense has kept many leading plaintiffs’ lawyers away from filing lawsuits over the Flint crisis.

The families seek payment for past and future health costs and monitoring as well as compensation for lost property value, replacement of pipes and reclamation of contaminated property.

(Reporting by David Bailey in Minneapolis; Editing by Anthony Lin and Matthew Lewis)

Michigan governor issues appeal over Flint funds denial

(Reuters) – Michigan Governor Rick Snyder has urged federal officials to reconsider their denial for funds to help deal with the crisis caused by lead-contaminated water in the city of Flint, his office said on Thursday.

The contamination and the state’s long delay in addressing the problem have sparked outrage and drawn attention from U.S. presidential candidates.

In the latest appeal to the Federal Emergency Management Agency, Snyder is requesting money to pay for food, water and other essential needs; the removal of health and safety hazards; activation of emergency operations centers; measures to avoid further damage; and homeowners’ repairs not covered by insurance.

A FEMA spokesman said Snyder’s appeal was under review by the agency.

The agency turned down an earlier request for financial help in January because the areas in which Snyder requested aid were deemed not appropriate, but has provided non-monetary support in the form of a FEMA coordinator.

Also in January, Snyder asked for federal declarations of emergency and major disaster. President Barack Obama approved the federal emergency declaration, but denied a major disaster declaration. Snyder appealed that decision and was denied.

Snyder said on Thursday that Flint needed continued local, state, federal and national efforts. “Assistance from our federal partners could go a long way in moving Flint forward,” he said.

Activists and some Democratic state lawmakers have demanded that Snyder resign, but a spokesman said the Republican governor had no intention of stepping down.

Snyder is scheduled to testify before a U.S. congressional committee on March 17.

Also on Thursday, Snyder said the federal government approved a waiver allowing for Medicaid coverage for children and pregnant women in Flint.

Flint, a predominantly black city of 100,000 about 60 miles northwest of Detroit, was under the control of a state-appointed emergency manager when it switched the source of its tap water from Detroit’s system to the Flint River in April 2014.

The city switched back last October after tests found high levels of lead in blood samples taken from children.

Water from the Flint River, which was more corrosive than Detroit’s, leached lead from the city’s pipes, posing widespread health risks.

Experts have said it could take some time for anti-corrosive chemicals now being added to the water to re-coat pipes so that they will not leach more lead.

Meanwhile, Flint officials said they would begin replacing lead pipes running to homes with copper on Friday as part of a $55 million project.

(Reporting by Suzannah Gonzales; Editing by Ben Klayman, Tom Brown, Alan Crosby and Marguerita Choy)

Michigan governor’s aides urged switch away from Flint River

DETROIT (Reuters) – Quality problems prompted two of Michigan Governor Rick Snyder’s top lawyers to urge that Flint be moved back to the Detroit water system just months after a decision to draw water supply from the Flint River, according to emails released on Friday.

Several critics have called for Snyder to resign over concerns about the state’s poor handling of the crisis, and the governor said Friday he felt regret every day.

Flint switched its water supply from Detroit to the Flint River in April 2014 in a bid to cut costs when the city was under a state-appointed emergency manager.

While the city switched its water source back to Detroit in October 2015, corrosive water from the river had already leached lead from city pipes, posing a serious threat to public health.

Snyder’s aides discussed Flint’s water quality problems as early as autumn 2014, with one calling the situation “downright scary,” about a year before the switch back to the Detroit system was finally made. The Detroit Free Press and Detroit News earlier reported about the emails, which were released by the governor’s office.

“That’s where I’m kicking myself every day,” Snyder said after signing a $30 million supplemental bill to reimburse Flint residents for their water bills. “I wish I would have asked more questions.”

Snyder, scheduled to testify to Congress on March 17, has repeatedly apologized for the state’s poor handling of the crisis.

Liberal group Progress Michigan again called for Snyder to resign, citing the emails.

“There’s no reasonable person who can believe at this point that every top adviser to Rick Snyder knew that there was an issue, but Snyder knew nothing,” said executive director Lonnie Scott, who also called for Snyder’s resignation.

Valerie Brader, Snyder’s senior policy adviser, addressed problems over the quality of Flint River water in an email to the governor’s chief of staff, Dennis Muchmore, and others on Oct. 14, 2014.

She argued Flint should be returned to the Detroit water system, citing bacterial contamination and reduced quality that prompted General Motors to switch away from the river due to rusted car parts.

Michael Godola, then the governor’s legal counsel, responded, calling the Flint River as a water source “downright scary.”

On Friday, State Representative Sheldon Neeley of Flint asked Attorney General Bill Schuette for his legal opinion on whether an official withholding information that leads to death or harm can be charged criminally.

(Editing by Bernadette Baum and Matthew Lewis)

Protesters in Flint demand new pipes in response to water crisis

FLINT, Mich. (Reuters) – More than 500 protesters led by civil rights activist Jesse Jackson marched to the Flint water plant on Friday to demand clean water and the replacement of corroding pipes in response to the city’s lead contamination crisis.

“This is a crime scene. Somebody lied. Somebody lied. Somebody covered up. We want water we can drink,” Jackson said.

As a cost-cutting measure in 2014, Flint switched its water system from Detroit to a local river. The more corrosive water from the river leached lead from water system pipes, leading to high levels of lead in hundreds of homes.

The lead contamination – which could have been prevented with anti-corrosion treatment of the water – has become a national political scandal as emails and documents have emerged showing that Michigan officials tried to play down the problem for months.

Jackson was accompanied by ministers from the group Concerned Pastors for Social Action; Judge Greg Mathis, a syndicated television personality; and Flint mother and activist Melissa Mays.

“Thank you for coming out to march with Flint, for Flint and for yourselves, because be aware that if it can happen here it will and is happening everywhere else,” Mays told the crowd before the march began.

Some people sold “Flint Lives Matters” T-shirts and handed out bottles of water to marchers.

Governor Rick Snyder asked state lawmakers last week to provide $195 million for health, nutritional, educational, water bill payment and infrastructure aid to Flint on top of $37 million already approved for the current and fiscal 2017 budget.

Flint Mayor Karen Weaver has said Snyder’s allocation of $25 million to remove lead pipes falls short of the estimated $55 million price tag. Snyder pledged an additional $2 million to remove lead pipes on Thursday.

The Republican governor, who has faced sharp criticism for his response to the problem, has been called to testify on the matter before a U.S. congressional committee next month. The issue has also become a focus of the U.S. presidential campaign.

(Reporting by Serena Maria Daniels in Flint; Writing by Mary Wisniewski; Editing by Cynthia Osterman)

Michigan officials knew of Legionnaires’ outbreak long before warning

DETROIT (Reuters) – State government officials knew about an outbreak of Legionnaires’ disease and its suspected link to contaminated water in impoverished Flint, Michigan, at least 10 months before a public announcement was made, documents released on Friday showed.

The disclosure of the documents, among thousands of pages of emails and other material released, comes as Michigan’s Republican Governor Rick Snyder faces pressure to resign over his administration’s handling of the Flint water crisis.

Michigan’s Genesee County, which includes Flint, had 87 cases of Legionnaires’ from June 2014 to November 2015, 10 of them fatal.

Flint’s water supply was contaminated by lead, a serious public health threat, after its water supply was switched from Detroit to the Flint River in April 2014 in a cost-cutting move when the city was under a state-appointed emergency manager.

Friday’s documents echoed previous disclosures showing that high-ranking state officials knew about an increase in Legionnaires’ disease in Genesee County and a possible link to Flint’s water 10 months before the governor said he got information about the outbreak.

Stephen Busch, a district manager in the drinking water division for Michigan Department of Environmental Quality, wrote in an email on March 17, 2015 that the city should take action to optimize water quality to help limit the potential for occurrence of Legionella, the bacteria that causes Legionnaires’.

Emails also show Busch tussling with county health officials over the issue and saying it was premature to link the public water system with Legionella. Busch was suspended last month and his job status is currently on review, a state official said.

The U.S. Centers for Disease Control and Prevention was approached by Genesee County health officials in February 2015 about an increase in reported Legionnaires’ disease cases, but state officials subsequently told the agency they would handle the investigation into the matter themselves, a CDC spokeswoman said.

In January 2016, state officials asked for the CDC’s help in the matter.

Liberal group Progress Michigan said Friday’s release of documents and emails was all for show, and called on Snyder to release those of his and his executive staff’s.

“If the governor is serious about wanting to be transparent, he will release every single document and communication regarding the Flint Water Crisis, including those of his executive staff,” Lonnie Scott, executive director of Progress Michigan, said in a statement.

Flint, a predominantly black city of about 100,000 people, switched back to Detroit water in October after tests found high levels of lead in samples of children’s blood. Water from the Flint River was more corrosive and leached more lead from the city pipes than Detroit water did. Lead can damage the nervous system.

Snyder, who has apologized for the state’s poor handling of the water crisis, alerted the public to the Legionnaires’ outbreak on Jan. 13 and said he had only heard about it two days earlier.

“Gov. Snyder first became aware of the Legionnaires’ Disease outbreak in mid-January of this year,” his press secretary Dave Murray said. “He’s made it clear that he wants to be made aware of such issues more quickly, and already made some changes in some state departments.”

On Friday, a U.S. House of Representatives oversight panel said Snyder would testify on the Flint water crisis next month. Darnell Earley, who was Flint’s state-appointed emergency manager when the city switched from Detroit’s water system, will also testify.

Snyder said in a Friday statement in which the state released emails and other documents from several state departments that “all levels of government failed the people of Flint. This crisis never should have happened.” He said by making the documents public, anyone could review them.

The Legionella bacteria is found in certain plumbing systems, including hot tubs, humidifiers, cooling towers and hot water tanks. Legionnaires’ is spread by breathing in mist from water, and cannot be spread from person to person.

(Additional reporting by Dave McKinney, Fiona Ortiz, Karen Pierog, Karl Plume, P.J. Huffstutter and Justin Madden in Chicago, David Shepardson and Timothy Gardner in Washington; Editing by Phil Berlowitz and Tom Brown)

House passes bill requiring EPA actions on lead-laced water

WASHINGTON (Reuters) – The U.S. House of Representatives on Wednesday easily passed a bill requiring federal environmental regulators to act faster when lead contamination is found in drinking water.

The bill passed 416-2. It was crafted by Michigan Representatives Dan Kildee, a Democrat, and Fred Upton, a Republican, in the wake of Flint’s drinking water crisis.

The measure requires the Environmental Protection Agency to notify the public when concentrations of lead in drinking water rise above mandated levels and to create a plan to improve communication between the agency, utilities, states, and consumers.

In 2014, under a state-appointed emergency manager, Flint, a city of 100,000, switched water supplies to the Flint River, from Detroit’s system as part of a plan to save money in the poverty-stricken city.

The more corrosive river water leached lead from aging pipes. Thousands of children are believed to have ingested dangerous levels of lead, a toxin that can harm brains and cause other health problems.

The bill “wouldn’t have prevented Flint, but it would have caught it far sooner,” Kildee, who is from Flint, said after the vote. The measure must be passed by the Senate and signed by President Barack Obama before becoming law.

Other measures in Congress to provide Flint with millions of dollars in aid to deal with the crisis face an uncertain future. Kildee has also introduced a bill to provide about $700 million in federal aid, with a match in funding from Michigan. That and other measures languished as Democrats and Republicans struggled to agree on where the funds would come from.

The Department of Agriculture said on Thursday it would temporarily allow Michigan to use funds from its Women, Infants and Children program for low income citizens to conduct lead testing. The department estimated some 3,800 people could get tested in this way.

(Reporting by Timothy Gardner; Editing by Sandra Maler)

Flint mayor vows to replace lead pipes, seeks help with $55 million tab

DETROIT (Reuters) – The mayor of Flint, Michigan, which is struggling to cope with dangerous levels of lead in its drinking water, said on Tuesday the city would replace all residents’ pipes and was counting on state and federal help to foot the estimated $55 million bill.

The city of some 100,000 people was under control of a state-appointed emergency manager in 2014 when it switched its source of water from Detroit’s municipal system to the Flint River to save money.

That move has provoked a national controversy and prompted several lawsuits by parents who say their children are showing dangerously high blood levels of lead, which can cause development problems. Lead can be toxic and children are especially vulnerable.

“We’re going to restore safe drinking water one house at a time, one child at a time,” the city’s Democratic mayor, Karen Weaver, told reporters, adding she expected the state’s Republican governor, Rick Snyder, to back the move.

Snyder spokesman Dave Murray said the governor’s office was reviewing Weaver’s request. However, experts have said the best plan is to first coat existing pipes with phosphates to inhibit corrosion, then conduct a study to determine which need to be replaced, he said.

Flint switched back to Detroit water in October after tests found high levels of lead in samples of children’s blood. The more corrosive water from the river leached more lead from the city pipes than Detroit water did.

The former Wayne County prosecutor tapped to lead the state’s investigation into the crisis said on Tuesday he was looking to see whether any of the officials who signed off on the change acted criminally.

“We’re here to investigate what possible crimes there are, anything from involuntary manslaughter … to misconduct in office,” the investigator, Todd Flood said in Lansing. He said the probe is underway but declined to provide details.

Snyder has repeatedly apologized for the state’s poor handling of the crisis.

The U.S. Attorney’s Office in Detroit also is investigating the crisis.

On Monday, the state Board of Canvassers approved a recall petition for Snyder. It calls for his removal from office due to an executive order he signed last year related to the move of the school reform office away from the state education department, a secretary of state spokesman said.

The board of canvassers previously rejected recall petitions related to the Flint water crisis, the spokesman said.

(Reporting by Ben Klayman; Editing by James Dalgleish and Lisa Shumaker)