Flint in contempt as lead pipe replacement deadline over water crisis goes unmet

Flint, MI— A federal court in Michigan has held the City of Flint in contempt on March 13, 2024, for violating a February 2023 court order, requiring the city to reach certain milestones in its lead pipe replacement program as the 10-year anniversary of the Flint Water Crisis approaches. 

“The city has failed to abide by the court’s orders in several respects and that it has no good reason for its failures,” Judge David M. Lawson of the Eastern District of Michigan wrote for the court. “The city is in civil contempt of the court’s order.”

The court recognized Flint’s delays in finishing the service line replacement program are continuing to cause difficulties for Flint residents, some of whom have been waiting years for the city to fix damaged sidewalks, curbs, and lawns on their properties caused by the lead replacement work. 

A March 13 press statement from the Natural Resources Defense Council (NRDC), one of the plaintiffs in the case, said there are nearly 2,000 homes where residents have been living with damaged properties caused by the lead pipe replacement program. 

Addie Rolnick, an attorney with the NRDC, said residents are not asking the city to do the impossible.

“They simply want officials to meet deadlines and finish the work the city already agreed to,” Rolnick said. “We will continue to hold officials accountable until this work is fully done.”

In a press statement, Pastor Allen C. Overton of Concerned Pastors for Social Action said residents have waited almost 10 years for the “water crisis nightmare” to come to an end. 

“While we are encouraged by Judge Lawson’s ruling, the true outcome we’re seeking is for the city of Flint to succeed in finishing the lead pipe replacement program, including by finishing the overdue work of repairing damage to residents’ properties caused by lead service line replacements,” Overton said. “Court intervention has been the only way to hold the city to its promises, unfortunately.”

The plaintiffs did not ask to recoup their attorneys’ fees and costs in connection with bringing this contempt motion, however Lawson ruled it appropriate to reimburse plaintiffs for the cost of bringing the motion to court, if they file a request with the court. 

In response to the court’s decision, Flint City Attorney William Kim said the city appreciates that the court denied the NRDC’s request to hold Flint Mayor Sheldon Neeley in contempt, impose daily fines of $500 on the city and give the NRDC a right to attorney fees for any future motions. 

However, Kim said the city is disappointed by the court’s decision on NRDC’s attorney fees.

“We are disappointed that the court is allowing the NRDC to seek attorney fees for their motion, over and above the $895,000 that the plaintiffs’ attorneys previously received,” Kim said. “We will review any NRDC requests for fees very closely and will seek to minimize any additional burden on the city’s taxpayers. 

He also said the city is committed to replace lead service lines “above and beyond” the terms of the NRDC settlement “as long as funds are available.”

According to Kim, the city has completed service line identification and replacement at 29,485 addresses to date. Under the current agreement, there are roughly 30 addresses still requiring lead service line replacement. 

Flint originally agreed to replace all of its old lead pipes by Jan. 1 2020, however that deadline was gradually pushed back due to financing and management concerns— first to 2021, then 2022 and then Aug. 1, 2023. 

Plaintiffs in Concerned Pastors for Social Action v. Khouri filed the motion for contempt in May 2023 in the lead-contaminated drinking water case against Flint and Michigan state officials. 

The Flint Water Crisis began in April 2014 when the city switched its drinking water supply.