EPA Must Face Negligence Claims Over Flint Water Crisis Response

The Environmental Protection Agency must face claims from thousands of residents from Flint, Mich. alleging the government was negligent when responding to the water crisis.

The EPA’s role in widespread lead contamination are not exempt from tort claims as agency decisions “involved professional and scientific judgments, not multiple and competing policy considerations,” the US District Court for the Eastern District of Michigan said Tuesday.

This marks the second failed motion to dismiss from the government after the court ruled in 2019 that more fact finding was necessary to consider potential discretionary function exemption under the Federal Tort Claim Act.

However, ...