Flint, MI – The city of Flint has been held in civil contempt by a federal judge for failing to meet the milestones set for its water service line replacement program. U.S. District Court Judge David M. Lawson made the ruling on Tuesday, March 12, following accusations by groups such as the Natural Resources Defense Council (NRDC) that the city was delaying progress in various aspects of the program.
In his order, Judge Lawson stated that the city had failed to comply with the court’s orders and provided no valid reasons for its shortcomings. While acknowledging the city’s belated compliance with some requirements, including outreach efforts and a full assessment of lawn restoration needs, the judge pointed out that not all lead service lines had been replaced by the promised date of March 28, 2020. Consequently, the city was found to be in civil contempt.
Flint City Attorney William Kim responded to the judge’s order, asserting that the city had addressed the concerns raised by the NRDC. He highlighted completed outreach to over 31,000 addresses and a comprehensive inventory of lawn restoration requirements. Although Mayor Sheldon Neeley was not found in civil contempt and the city was not fined, the NRDC was granted the right to request reasonable attorney fees for enforcing court orders.
Kim expressed the city’s commitment to continuing the replacement of lead service lines, even beyond the terms of the settlement, as long as funding allows. He reported that as of that week, the city had successfully identified and replaced service lines at 29,485 addresses, with only 30 addresses remaining for excavation.
Flint officials have consistently maintained that they fully complied with the federal court settlement. They argued that adverse weather conditions in the early part of last year prevented them from meeting the May 1, 2023 deadline for determining the scope of remaining restoration work on lawns and sidewalks.
The city has contracted Rowe Professional Services for the oversight and management of service line exploration, replacement, and property restoration. The NRDC responded to Judge Lawson’s contempt ruling, with Melissa Mays, a plaintiff in the case and operations manager of Flint Rising, emphasizing that residents should not continue to suffer due to the city’s failure to meet the judge’s orders and deadlines.
Mayor Neeley has previously attributed delays in the completion of the service line replacement program to an inherited mismanaged pipe replacement program. The damage to these lines was caused by the corrosive water from Flint River, which the city used as its drinking water source during the water crisis. Lead and galvanized steel lines have been replaced with copper lines, while existing copper lines have been retained.
This ongoing situation reflects the deep frustration and despair felt by the residents of Flint. The progress made thus far has only been possible due to the relentless efforts of residents and their allies, who have had to continually push the administration forward. The city of Flint remains dedicated to protecting the public health of its community, even in the face of these challenges.