A federal judge has held the city of Flint in contempt for failing to comply with a court order establishing the steps necessary to complete the replacement of old lead pipes in the wake of Michigan City’s lead-contaminated water scandal.
U.S. District Judge David Lawson said in Tuesday’s ruling that Flint was in civil contempt because he failed to meet the deadline for pipe removal outlined in the February 2023 order. The city originally promised to replace the pipes by early 2020.
Lawson’s ruling comes after he held a hearing in June 2023 on a motion for contempt filed last month by the Natural Resources Defense Council, the American Civil Liberties Union of Michigan, and the Social Action Concerned Pastors. It was later given down.
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“Based on the evidence, it is clear that the city failed to comply with the court’s order in several respects, and there is no justifiable reason for that failure,” Lawson wrote. “Since the public hearing, the city has shown belated compliance, but it still has not actually replaced all of the main service lines it originally promised to replace by March 28, 2020.”
A phone message and email seeking comment on Lawson’s sentence were left with Mayor Sheldon Neeley’s office.
The Flint Water Station Tower is seen on Thursday, January 6, 2022 in Flint, Michigan. (AP Photo/Carlos Osorio)
The Natural Resources Defense Council said in a news release that the city has agreed to replace the pipes by early 2020, but that work has not yet been completed. Additionally, nearly 2,000 homes still have curb, sidewalk and lawn damage from the lead pipe replacement program, the council said.
Lawson’s order did not provide any other specific penalties for the city’s failure to comply with the order, other than the proposed award of attorney’s fees, costs and disbursements to the plaintiffs.
The Rev. Allen C. Overton of Concerned Pastors for Social Action, one of the plaintiffs in the case, said he was encouraged by Lawson’s decision but wanted to see the effort completed.
“The real results we are seeking are for the City of Flint to successfully complete its lead pipe replacement plan, including completing overdue work to repair damage to residents’ property caused by lead service line replacement.” It’s about getting it done,” Overton said.
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Lawson’s ruling comes nearly a decade after Flint’s water crisis began and nearly seven years after residents’ lawsuits against the city of Flint and Michigan officials were settled.
