News & Analysis as of

Flint Water Crisis

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: An End-of-Year Environmental Update

As 2022 draws to a close, here is a brief description of recent environmental and regulatory law rulings, as well as new federal rulemaking proceedings....more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Flint And The Fifth Amendment: Deposition Testimony Does Not Always Compel Trial Testimony

In a decision with potential far-reaching implications, the Sixth Circuit federal appeals court this week preserved a witness’s right against self-incrimination at trial in a civil case where deposition testimony had...more

(ACOEL) | American College of Environmental...

Get the Lead Out

The toughest question I ever got in Flint was in a church basement on the north side of town. At the time, I was heading up the EPA Region 5 response to the drinking water crisis. A mother asked me simply, “if we know lead is...more

Alston & Bird

Class Action & MDL Roundup – Fall 2020

Alston & Bird on

Welcome to the fall edition of the Class Action & MDL Roundup, covering significant decisions and settlements from the third quarter of 2020. In this edition, cosmetics get reused, garbage stinks to high heaven (at least...more

Pillsbury - Gravel2Gavel Construction & Real...

No Vacatur, No Protection, No Deference and No Discretion: Important End-of-Summer Environmental Decisions

As the end of summer approaches, the courts have provided a potpourri of relevant environmental decisions. FEDERAL COURTS OF APPEAL - Town of Weymouth, et al. v. Massachusetts Department of Environmental Protection (MDEP) -...more

Faegre Drinker Biddle & Reath LLP

Federal Court Sparks New Scrutiny of EPA’s Sovereign Immunity in Flint Water Cases

The U.S. Environmental Protection Agency (EPA) is not immune from negligence claims that would “eviscerate” liability under the Federal Tort Claims Act (FTCA). So says United States District Judge Judith E. Levy in her...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Flint Failures, Missed Deadlines, Toad Work and a Game of Chicken

The last few weeks have yielded a number of interesting developments in the Federal courts. FEDERAL COURTS OF APPEAL - In re Flint Water Cases - Several local and State of Michigan officials, including the former governor,...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 1, 2020

Welcome to our first Product Lines issue of 2020. Product Lines is our quarterly e-newsletter that focuses on toxic torts and product liability issues. For this edition, we are reporting on several important and timely...more

Beveridge & Diamond PC

Sixth Circuit Halts Qualified Immunity Claims for Bodily Integrity of Flint Residents

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In Guertin v. State of Michigan, the Sixth Circuit held that officials responsible for the decision to change Flint, Michigan’s water supply, leading to lead-contamination of water is not protected by qualified immunity. The...more

Pillsbury - Gravel2Gavel Construction & Real...

Sixth Circuit Holds that Some Official Actions Taken in the “Flint Water Crisis” Could Be Constitutional Due Process Violations

In what the Court of Appeals describes as “the infamous government-created environmental disaster known at the Flint Water Crisis,” a panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that some of the...more

Farrell Fritz, P.C.

Learning a Lesson from Flint: New York State Takes Important Steps to Ensure Clean Drinking Water

Farrell Fritz, P.C. on

Stemming from the recent drinking water crisis in Flint, Michigan, which has had life-lasting effects for many of its residents, including children, due to unsafe lead-related toxicity levels in the drinking water, New York...more

Benesch

Sixth Circuit Rules that the Class Action Fairness Act Means What it Says

Benesch on

A statute, distilled to its essence, is thought conveyed through words. And when those words are understandable and coherently arranged, there’s nothing for courts to do when adjudicating disputes involving them, other than...more

Burr & Forman

New Flint Indictments Just in Time for the Holidays

Burr & Forman on

On December 20, 2016, Michigan’s Attorney General announced additional indictments in the Flint water crisis. The indictments against two former emergency managers and two former City of Flint executives bring to 13 the...more

A&O Shearman

Water Act a “WIIN” for Infrastructure

A&O Shearman on

Last month, in a strong display of bipartisanship in an otherwise tense post-election political climate, Congress passed the Water Infrastructure Improvements for the Nation Act (“WIIN” or the “Act”). President Obama signed...more

Kelley Drye & Warren LLP

Obama Signs Water Infrastructure Improvements for the Nation (WIIN) Act

The President has signed the Water Infrastructure Improvements for the Nation (WIIN) Act, which was passed by the House and Senate earlier this month. The WIIN Act legislation was originally called the Water Resources...more

Nossaman LLP

A Rise in the Tides for Water Infrastructure

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It’s been a productive time for advocates of water in the U.S. with President Obama signing into law the Water Infrastructure Improvements for the Nation Act (WIIN). WIIN includes the Water Resources Development Act of 2016...more

Patrick Malone & Associates P.C. | DC Injury...

You Should Know - December 2016

Presenting America’s Top Safety and Justice Stories of 2016 - Are you making all those lists and checking them twice? Gifts? Holiday cards? Party invitations? New Year’s resolutions? Well, here’s one more for you...more

Benesch

Sixth Circuit Sends Flint Water Class Action to State Court Under CAFA’s Local Controversy Exception

Benesch on

On November 16, 2016, the Sixth Circuit held that a state law professional negligence class action against civil engineering companies arising out of the Flint, Michigan water crisis must be litigated in Michigan state court....more

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