Court filing: EPA claims it’s not responsible for Flint Water Crisis

FLINT, Mich. (WNEM) - The U.S. Environmental Protection Agency (EPA) has told a federal judge it is not responsible for the Flint Water Crisis through a “motion to dismiss” filed on Wednesday, Oct. 16 in U.S. District Court for the Eastern District of Michigan.

The motion rejects the claims of 11 bellwether plaintiffs, who are also residents, who claim the state had an obligation to act sooner or take additional action in response to the 2014 ongoing water crisis.

The motion states the EPA was not involved in the city of Flint‘s and MDEQ’s decision to switch to the Flint River and forego corrosion control. The switch allowed lead to leach into the system.

The filing also said the city was responsible for operating the water system and, under the Safe Drinking Water Act (SDWA), MDEQ had primary enforcement responsibility over the system.

The EPA claims it wasn’t until April 2015, a year after the switch, that the agency learned the Flint River water was not being properly treated.

The water supply switch also coincided with an outbreak of Legionnaires' disease that killed at least 12 people and sickened more than 90, according to state data.

The motion asks Judge Linda Parker for summary judgement and dismissal of claims.

Subscribe to the TV5 newsletter and receive the latest local news and weather straight to your email every day.