Pitt McGehee Palmer Bonanni & Rivers Applauds Federal Ruling in Flint Water Crisis Case

Pitt McGehee Palmer Bonanni & Rivers is proud to represent Flint residents in their fight for justice against the U.S. Environmental Protection Agency (EPA). Last week, U.S. District Judge Linda V. Parker ruled that the EPA cannot claim government immunity in a lawsuit alleging the agency failed to take proper action during the Flint water crisis.

The ruling marks the second time the EPA has been denied immunity under the Federal Tort Claims Act’s discretionary function exemption. Judge Parker noted that while the agency had discretion in deciding how to respond to the crisis, it did not have the discretion to provide “dangerously misleading or inaccurate information” that misled Flint residents about the safety of their drinking water.

Cary S. McGehee, who serves as co-lead counsel for the plaintiffs, praised the decision in a Law360 article:

"The EPA/USA was negligent in failing to warn the people of Flint that its water was tainted with lead and other contaminants, and had it warned the people, as it had a mandatory obligation to do, it would have prevented further harm being done to the people of Flint who, at the time, trusted their government. We look forward to our clients getting their day in court and compensated for the harm done to them physically, emotionally and to their property and businesses."

The decision is a crucial step forward for Flint residents seeking accountability for the devastating consequences of the water crisis. The plaintiffs are represented by Cary alongside fellow partners Beth Rivers and Channing Robinson-Holmes, along with a team of experienced legal advocates, including Deborah Labelle, Julie Hurwitz, Teresa Bingman and Leslie Kroeger.

Read more here: https://www.law360.com/consumerprotection/articles/2290430/epa-can-t-invoke-immunity-in-flint-water-crisis-suit?copied=1