Former Governor and Other Officials to Face Charges Related to Flint Water Crisis
January 13, 2021 (updated February 1, 2021)
Rick Snyder, who was the Michigan governor at the time of the devastating 2014 Flint water crisis, has been charged with two counts of willful neglect of duty, a misdemeanor, in connection to the crisis.
Neglect of duty is the omission to perform a duty. Neglect of duty has reference to the neglect or failure on the part of a public officer to do and perform some duty or duties laid on him as such by virtue of his office or which is required of him by law. In some states, it is not material whether the neglect is willful, through malice, ignorance or oversight, when such neglect is grave and the frequency of it is such as to endanger or threaten the public.
An individual’s failure to perform properly or neglect of duty is willful if he or she intentionally, knowingly, or deliberately fails to perform, or performs in a grossly negligent manner, or repeatedly performs negligently after prior warning or reprimand and in substantial disregard.
An individual’s failure to perform properly is not willful if the neglect is due to inefficiency, inability or incapacity, or good faith errors in judgment or discretion.
“We believe there is no evidence to support any criminal charges against Governor Snyder,” the former governor’s defense attorney Brian Lennon told The Associated Press, adding that state prosecutors hadn’t provided him with any details.
In an email, Lennon also said, “It is outrageous to think any criminal charges would be filed against Gov. Snyder. Any charges would be meritless. Coming from an administration that claims to be above partisan politics, it is deeply disappointing to see pure political motivation driving charging decisions.”
“When an entire city is victimized by the negligence and indifference of those in power, it deserves an uncompromising investigation that holds to account anyone who is criminally culpable. That is what all citizens in this state are entitled to regardless of their ZIP code,” State Solicitor General Fadwa Hammoud said at a news conference.
“Let me be clear, there are no velvet ropes in our criminal justice system. Nobody, no matter how powerful or well-connected is above accountability when they commit a crime,” she said.
But to some, the charges against Snyder – two misdemeanors for willful neglect of duty – are remarkably soft.
The crisis devastated the majority Black city with lead contaminated water and led to an outbreak of Legionnaires’ disease that killed 12 people.
“The charges against Snyder and the other officials are a step in the right direction toward environmental justice for the people of Flint. The city’s switch to the Flint River as its source of drinking water had disastrous consequences and “people should be held accountable for that,” University of Michigan’s School for Environment professor Paul Mohai said.
Sara Hughes, an assistant professor at the University of Michigan’s School for Environment and Sustainability who studies urban policy, said that there is concern that the indictments could result in tightened governmental immunity protections and prompt public officials to “circle the wagons.”
“That would be a terrible outcome from this,” Hughes said. Instead, she hopes the case leads to politicians being held to a “higher standard” based on the public’s values.
Snyder pleaded not guilty to the charges. A judge set bond at personal recognizance $10,000 on each charge and ordered Snyder to not leave the state ahead of his next court date. If convicted, Snyder faces up to a year in jail and a $1,000 fine on each charge.
Snyder is scheduled to be back in court Feb. 23 for a pretrial hearing, however, his legal team is already trying to get the charges thrown out because they were filed in the wrong court.
Snyder’s attorney, Brian Lennon, wrote in a letter to prosecutors on Monday, January 18th, that he intends to file a motion to dismiss the case because the charges should have been filed in Lansing, not Genesee County, which includes Flint.
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EPA Faces Lawsuit By Flint Residents
August 27, 2020
The U.S. Environmental Protection Agency can be sued for negligence in the Flint water crisis, U.S. District Judge Judith Levy said Wednesday in an 86-page opinion.
Citing the failure of EPA regulators to timely act as good Samaritans and blow the whistle on lead in the water supply. The U.S. Environmental Protection Agency must face a lawsuit filed by Flint residents.
The EPA argued it was immune from the claims of negligence and willful misrepresentation raised by residents.
However, the OIG issued a finding in October 2016 that EPA’s Region 5 office had “the authority and sufficient information to issue … an emergency order as early as June 2015,” but waited until seven months later to do so.
“The EPA knew as early as June 2015 that Flint residents were in danger of drinking and being exposed to lead contaminated water,” Levy said. The federal government concealed, ignored, or downplayed the risks they faced during the city’s water crisis.
“The Court finds that the United States has not carried its burden to show that the EPA’s actions and inactions in Flint … are shielded by the discretionary function exception. Further, the EPA’s failure to warn Flint citizens about the lead and dangerous bacteria that was in their water for months, and its allegedly negligent responses to citizen complaints, are not the kinds of decisions that the discretionary function exception was designed to shield.”
Flint Water Victims to Receive $600 Million Settlement
August 20, 2020
Michigan Governor Gretchen Whitmer released a statement on the settlement saying, in part, “We acknowledge that this settlement may not completely provide all that Flint needs, and that many will still feel justifiable frustration with a system and structure that at times is not adequate to fully address what has happened to people in Flint over the last six years. We hear and respect those voices and understand that healing Flint will take a long time, but our ongoing efforts and today’s settlement announcement are important steps in helping all of us move forward.”
Erin Brockovich Speaks Out After Mich. Agrees to Pay $600M to Flint Water Victims: ‘A Great Day’
“We cannot pretend that the government is going to protect us. There is no superhero on the way. Our water is poisoning us, our food is full of toxins, the air is contaminated, the earth is heating. The children of Flint will carry the scars of their poisoning for the rest of their lives,” Erin Brockovich says of the water crisis’ impact
The information in this site is intended solely for the personal non-commercial use of the user who accepts full responsibility for its use. While we have taken every precaution to ensure that the content of this site is both current and accurate, errors can occur.