Michigan Fights Court Order To Give Flint Residents Water

Michigan went to court to fight an order to deliver bottled water door-to-door in Flint.

“The state of Michigan [on December 5] amped up its fight to avoid what it considers an expensive and unnecessary task: delivering bottled water door to door in Flint,” the Detroit Free Press reported.

“Three days after a federal judge in Detroit ruled against the state on the issue, attorneys for the state appealed to the U.S. Sixth Circuit Court of Appeals for help,” the report said.

Here’s what the state argued in the recent filing, per the Free Press:

In a two-page filing, lawyers for the state argued that U.S. District Judge David Lawson has unlawfully ordered the state to deliver bottled water in Flint until the contamination problem clears up. State attorneys claim that Lawson's order "actually harms the public and is therefore not in its interest," and that the state does not operate Flint's water system, "so they are not subject to the Safe Drinking Water Act" — which plaintiffs in the case have alleged was violated.

On December 2, a federal judge reiterated the need for Michigan to provide assistance in Flint.

“A federal judge has again ordered Michigan and Flint officials comply with his court order to deliver door-to-door bottled water to Flint residents, saying a delay would perpetuate ‘the very irreparable harm the preliminary injunction is designed to address,’” The Detroit News reported.

U.S. District Judge David Lawson wrote that Michigan mistakenly believed the door-to-door delivery would go to all Flint residents. His order indicated, per The Detroit News:

The main thrust of the ordered relief is the proper installation and maintenance of tap water filters. For those homes that have properly installed and maintained water filters in place — which is the vast majority of residences, if the state defendants’ witnesses are to be believed — bottled water delivery is not necessary and was not ordered.

Lawson said handing out filters is not enough, according to the report. He wrote:

There must be a protocol in place to see that the filters are installed and maintained properly. Otherwise, the presence of a filter alone may cause the more insidious problem of false security in the suitability of the tap water for drinking. Second, for many without a proper filter in place, the difficulty of obtaining drinking water is significant, as the testimony demonstrated.

Attorneys for the city of Flint agreed with the state about the court order to delivered bottled water. They argued that the city lacks the financial resources to comply, according The Detroit News reported.

“Lawson ruled the city’s water resource sites were insufficient for the daily needs of Flint residents while the water remains unsafe to drink without filters. The judge ordered state and city officials to file a report by December 16 detailing how they are complying with his order,” the report said.