DOCSLIB.ORG

Petitioners, V

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Petitioners, V No. 17- In the Supreme Court of the United States ______________ CITY OF FLINT, ET AL., Petitioners, v. BEATRICE BOLER, ET AL., Respondents. ______________________ CITY OF FLINT, ET AL., Petitioners, v. MELISSA MAYS, ET AL., Respondents. ______________________ On Petition for a Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit ______________________ PETITION FOR A WRIT OF CERTIORARI ______________________ WILLIAM Y. KIM* (BAR FREDERICK A. BERG, JR. #303932) SHELDON H. KLEIN Assistant City Attorney JOSEPH E. RICHOTTE FLINT LAW DEPARTMENT BUTZEL LONG, P.C. 1101 S. Saginaw St. 150 W. Jefferson Ave. Flint, Mich. 48502 Detroit, Mich. 48226 (810) 766-7146 (313) 225-7000 [email protected] [email protected] [email protected] Attorney for City of Flint [email protected] and Dayne Walling *COUNSEL OF RECORD Attorneys for City of Flint (Additional counsel listed on the reverse of this cover) 2017 ! Bachman Legal Printing ! (612) 339-9518 ! 1-800-715-3582 ! Fax (612) 337-8053 BRETT T. MEYER DAVID W. MEYERS O’NEIL, WALLACE, & DOYLE, P.C. LAW OFFICE OF 300 St. Andrews Rd. EDWARD A. ZEINEH Suite 302 2800 E. River Ave., Suite B. Saginaw, MI 48605 Lansing, MI 48912 (989) 790-0960 (517) 292-7000 [email protected] [email protected] Attorney for Attorney for Michael Glasgow Daugherty Johnson TODD PERKINS BARRY A. WOLF PERKINS LAW GROUP LAW OFFICE OF 615 W. Griswold Ste. 400 BARRY A. WOLF, PLLC Detroit, MI 48226 503 S. Saginaw St. (313) 964-1702 Suite 1410 [email protected] Flint, MI 48502 (810) 762-1084 [email protected] Attorney for Attorney for Darnell Earley Gerald Ambrose ALEXANDER S. RUSEK WHITE LAW PLLC 2549 Jolly Rd., Suite 340 Okemos, MI 48664 (517) 316-1195 [email protected] Attorney for Howard Croft Date: December 20, 2017 QUESTIONS PRESENTED This Court has repeatedly held, most recently in Fitzgerald v. Barnstable School Committee, 555 U.!S. 246 (2009), that Congressional intent to preclude claims under 42 U.S.C. § 1983 can be inferred from the existence of a comprehensive statutory remedial scheme. Congress enacted the Safe Drinking Water Act (“SDWA”) to “assure that the public is provided with safe drinking water.” Toward that end, the SDWA includes extensive remedial provisions, including allowing “citizen suits” to remedy violations. Further, pursuant to Congressional mandate in the SDWA, the EPA has adopted exhaustive regulations, known as the “Lead and Copper Rule,” to protect the public from the dangers of lead in drinking water. Plaintiffs, residents and businesses in Flint, Michigan, claim that their constitutional rights were violated by the provision of drinking water with excessive lead levels. They seek relief under 42 USC § 1983. The district court, following a holding from the First Circuit Court of Appeals, concluded that § 1983 claims were precluded by the SDWA’s remedial scheme. The court of appeals disagreed. The heart of this disagreement concerned the proper interpretation of Fitzgerald, supra¸ which case has also led to circuit splits with respect to the preclusive effect of other statutes. The questions presented are: (1)! Did Congress, when it enacted the SDWA to protect the safety of drinking water and directed the issuance of regulations to protect against the danger of lead, intend to allow Plaintiffs to disregard the SDWA’s carefully structured and i comprehensive remedial scheme and instead allow for recovery under § 1983? (2)! Under Fitzgerald, is the purpose of the statute and nature of the remedial scheme a sufficient basis to infer congressional intent to preempt § 1983 claims based on alleged constitutional violations? ii PARTIES TO THE PROCEEDING This Petition relates to two cases consolidated for appeal before the Sixth Circuit: Boler v. Earley, No. 16-1684, and Mays v. Snyder, No. 17-1144. Boler v. Earley Petitioners are Defendants City of Flint, Darnell Earley, Gerald Ambrose and Dayne Walling. The City is a Michigan municipality. At all times relevant to this case, the City was governed by State-appointed emergency financial managers (“EMs”). Messrs. Earley and Ambrose are former EMs who held office sequentially during much of the time at issue. Mr. Walling is the former Mayor of Flint. Respondents are Plaintiffs Beatrice Boler, Edwin Anderson, Allina Anderson, and Epco Sales, LLC. Other Defendants are: Governor Rick Snyder, the State of Michigan, the State of Michigan’s Department of Environmental Quality (MDEQ), and the State of Michigan’s Department of Health and Human Services (MDHHS). Mays v. Snyder Petitioners are Defendants City of Flint, Darnell Earley, Gerald Ambrose, Dayne Walling, Howard Croft, Michael Glasgow, and Daugherty Johnson. Messrs. Croft, Glasgow, and Johnson are former City employees involved in the City’s water plant operations. Respondents are Plaintiffs Melissa Mays, Michael Mays, Jacqueline Pemberton, Keith John Pemberton, Elnora Carthan, and Rhonda Kelso. iii Other Defendants are: Governor Rick Snyder, the State of Michigan, Daniel Wyant, Liane Shekter Smith, Adam Rosenthal, Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Nick Lyon, Andy Dillon, Ed Kurtz, and Jeff Wright. iv TABLE OF CONTENTS QUESTIONS PRESENTED……………………………..i PARTIES TO THE PROCEEDING………………….. iii TABLE OF CONTENTS…………………………………v TABLE OF AUTHORITIES…………………………… vi PETITION FOR A WRIT OF CERTIORARI…………1 OPINIONS BELOW……………………………………...1 JURISDICTION…………………………………………..1 STATUTES INVOLVED………………………………...1 INTRODUCTION…………………………………………2 STATEMENT OF THE CASE…………………………. 7 1. The Statutory Framework: The SDWA and the Lead and Copper Rule……………………………7 2. Plaintiffs’ Claims………………………………….9 3. District Court Proceedings…………………….10 4. The Sixth Circuit’s Decision…………………...11 REASONS TO GRANT THE PETITION 1. The First and Sixth Circuits are split on whether the SDWA precludes constitutional claims under § 1983……………………………. 14 2. The Mattoon–Boler split highlights recurring circuit splits on how to apply Fitzgerald to questions of statutory preclusion of constitutional claims under § 1983………….. 18 CONCLUSION…………………………………………..21 v TABLE OF AUTHORITIES Cases Boler v. Earley, 2016 WL 157327 (E.D. Mich. 2016)………………….1 Boler v. Early, 865 F.!3d 391 (CA6 2017)……… passim Brown v. General Services Administration, 425 U.!S. 820 (1976)…………………………………..15 City of Rancho Palos Verdes v. Abrams, 544 U.!S. 113 (2005)……………………………. passim Fitzgerald v. Barnstable School Committee, 555 U.!S. 246 (2009)……………………………. passim Gholson v. Benham, 2015 WL 2403594 (ED Va. 2015)………………….. 19 Harding-Wright v. District of Columbia Water, 2016 WL 4211773 (D.D.C., 2016) ……..……………………7 Hildebrand v. Allegheny Cty., 757 F.!3d 99 (CA3 2014)…………………………….. 18 Kimel v. Florida Bd. of Regents, 528 U.!S. 62 (2000)……………………………………19 Lawrence v. School Dist. No. 1, 2013 WL 1685715 (D Colo. 2013)………………….. 19 Levin v. Madigan, 692 F.!3d 607 (CA7 2012) ………………………19, 20 Mattoon v. Pittsfield, 980 F.!2d 1 (CA1 1992)…………………………passim Mays v. City of Flint, Mich., 871 F.!3d 437 (CA6 2017)………………….8, 9, 10, 11 Mays v. Snyder, 2017 WL 445637 (E.D. Mich. 2017)……………… 1, 6 vi Middlesex County Sewerage Authority v. National Sea Clammers Association, 453 U.!S. 1 (1981)…......................................... passim Migneault v. Peck, 158 F.!3d 1131 (CA10 1998)…………………………19 Smith v. Robinson, 468 U.!S. 992 (1984)........... passim Stillwell v. City of Williams, 831 F.!3d 1234 (CA9 2016)…………………….. 19, 20 Wyoming v. Zinke, 871 F.!3d 1133 (CA10 2017)…………………………..8 Zombro v. Baltimore City Police Dep’t, 868 F.!2d 1364 (CA4 1989)…………………………..19 Statutes 100 Stat. 643, § 101(b)…………………………………... 7 130 Stat. 1005…………………………………………….. 4 130 Stat. 1628…………………………………………….. 4 33 U.S.C. § 1251………………………………………… 12 33 U.S.C. § 1365………………………………………… 12 33 U.S.C. § 1401………………………………………… 12 33 U.S.C. § 1415(g)…………………………………..…. 12 42 U.S.C. § 1983…………………………………… passim 42 U.S.C. § 1988………………………………………….12 42 U.S.C. §§ 300g-1(b)(1)–(b)(3)………………………... 7 42 U.S.C. § 300g-2(a)…………………………………….. 8 42 U.S.C. § 300g-3………………………………………... 8 42 U.S.C. § 300g-3(c)………………………………….. 7, 8 42 U.S.C. § 300h-2(b)…………………………………….. 8 42 U.S.C. § 300i-1…………………………………………8 vii 42 U.S.C. § 300i(2)………………………………………..8 42 U.S.C. § 300j-4(c)……………………………………...8 42 U.S.C. § 300j-7………………………………………… 8 42 U.S.C. § 300j-8……………………………….........1, 12 42 U.S.C. § 300j-8(a)…………………………………….12 42 U.S.C. § 300j-8(b)……………………………………... 8 81 Stat. 602………………………………………………..3 86 Stat. 888–889………………………………………...12 86 Stat. 1057–1058…………………………………......12 88 Stat. 1660………………………………................. 1, 7 88 Stat. 1690……………………………………………. 12 Mich. Comp. Laws §§ 325.1001–325.1023…………8, 9 Mich. Comp. Laws § 325.1003…………………………. 8 Mich. Comp. Laws § 325.1005(1)(c)……………………8 Mich. Comp. Laws § 325.1006…………………………. 9 Mich. Comp. Laws § 325.1007(1)……………………… 9 Mich. Comp. Laws § 325.1013………………….………9 Mich. Comp. Laws § 325.1015(1)……………………… 8 Mich. Comp. Laws §§ 325.1021(1)-(3)………………… 8 Regulations 40 C.!F.!R. §§ 141.80–141.91 ……………………………7 viii PETITION FOR A WRIT OF CERTIORARI The City of Flint, Darnell Earley, Gerald Ambrose, Dayne Walling, Howard Croft, Michael Glasgow, and Daugherty Johnson petition for a writ of certiorari to review the judgment of the Sixth Circuit in this case. OPINIONS BELOW The Sixth Circuit’s opinion reversing the district court is reported at Boler v. Early, 865 F.!3d 391 (CA6 2017) (Pets.’ Appx. 5a–51a.). The district court opinions dismissing Plaintiffs’ § 1983 claims are unreported, but the Boler opinion is available at 2016 WL 157327 (E.D. Mich. 2016) and the Mays opinion is available at 2017 WL 445637 (E.D. Mich. 2017). Both Opinions are also reproduced in the Appendix (Boler: Pets.’ Appx. 52a–58a; Mays: Pets’ Appx 59a-65a). JURISDICTION The Sixth Circuit issued its decision on July 28, 2017. The Sixth Circuit denied Petitioners’ timely request for rehearing and rehearing en banc on September 21, 2017. This Court has jurisdiction to grant a writ of certiorari under 28 U.!S.!C. § 1254(1). STATUTES INVOLVED This case involves the remedial provisions of the federal Safe Drinking Water Act, 88 Stat.
Load more

Recommended publications
  • EM **Quarterly Financial Report 7.15.2014
    CITY OF FLINT OFFICE OF THE EMERGENCY MANA GER C Darnell Earley, ICMA-CM, MPA Emergency Manager July 14, 2014 Mr. R. Kevin Clinton, State Treasurer Michigan Department of Treasury Bureau of Local Government Services 4th floor Treasury building 430 West Allegan Street Lansing, MI 48922 Dear Mr. Clinton: I am attaching for your consideration the quarterly report of the Emergency Manager of the City of Flint as required by Section 9(5) of P.A. 436 of 2012. The report details activities for the period of April 1, 2014 through June 30, 2014. Respectfully submitted, Darnell Earley, ICMA-CM, MPA Emergency Manager Attachments cc: Wayne Workman, Deputy Treasurer Edward Koryzno, Bureau Director of Local Government Services Randall Byrne, Office of Fiscal Responsibility James Ananich, State Senator Woodrow Stanley, State Representative Phil Phelps, State Representative Dayne Walling, Mayor City of Flint City of Flint • 1101 S. Saginaw Street • Flint, Michigan 48502 www.cityofflint.com • (810) 766-7346 • Fax: (810) 766-7218 QUARTERLY REPORT TO THE STATE TREASURER REGARDING THE FINANCIAL CONDITION OF THE CITY OF FLINT July 15, 2014 This quarterly report covers the period from April 1, 2014 through June 30, 2014 and addresses the financial condition of the City of Flint. Per P.A. 436 Section 9 (MCL141.l549) requires that you submit quarterly reports to the State Treasurer with respect to the financial condition of your local government, secondly, a copy to each state senator and state representative who represents your local government. In addition, each quarterly report shall be posted on the local government’s website within 7 days after the report is submitted to the State Treasurer.
    [Show full text]
  • Annotated Flint Water Crisis Timeline 2009 2010
    Annotated Flint Water Crisis Timeline *Enclosed Document ^Referenced in Documentary 2009 February o Michael Brown serves as Temporary Mayor.^ August o Dayne Walling elected as Mayor.^ September Preliminary Engineering Report Lake Huron Water Supply Karegnondi Water Authority*^ o The third study of the Karegnondi Water Authority (KWA) plan. Prior reports were in 1992 and 2006. This report was meant to study 2 alternatives, continuing purchase of water from Detroit Water and Sewage Department (DWSD) or to build a new pipeline to supply raw water from Lake Huron. o This report clearly states the differences between raw and treated water, and explains in detail the construction costs needed to upgrade Flint’s Water Treatment Plant (WTP) in order to properly treat water. o Additionally, in Appendix 7, the report mentions the lead and copper program and corrosion control requirements, even including the chemical composition of orthophosphate. o An upgrade to the WTP of approximately $7 million would be required in order for the plant to properly treat water on a continuous basis. o These upgrades are necessary to destroy bacteria, viruses, and prevent waterborne disease. Note: At the time of the inception of the KWA, the requirements of treating raw water, upgrades needed to be done for the WTP to properly treat water, and cost estimates of DWSD being more cost effective than the KWA were clear and known to at least two persons, Drain County Commissioner Jeff Wright and Mayor Walling. Both of whom had clear legal, ethical, and patriotic duty to the citizens of Flint as their elected representatives.
    [Show full text]
  • Flint Fights Back, Environmental Justice And
    Thank you for your purchase of Flint Fights Back. We bet you can’t wait to get reading! By purchasing this book through The MIT Press, you are given special privileges that you don’t typically get through in-device purchases. For instance, we don’t lock you down to any one device, so if you want to read it on another device you own, please feel free to do so! This book belongs to: [email protected] With that being said, this book is yours to read and it’s registered to you alone — see how we’ve embedded your email address to it? This message serves as a reminder that transferring digital files such as this book to third parties is prohibited by international copyright law. We hope you enjoy your new book! Flint Fights Back Urban and Industrial Environments Series editor: Robert Gottlieb, Henry R. Luce Professor of Urban and Environmental Policy, Occidental College For a complete list of books published in this series, please see the back of the book. Flint Fights Back Environmental Justice and Democracy in the Flint Water Crisis Benjamin J. Pauli The MIT Press Cambridge, Massachusetts London, England © 2019 Massachusetts Institute of Technology All rights reserved. No part of this book may be reproduced in any form by any electronic or mechanical means (including photocopying, recording, or information storage and retrieval) without permission in writing from the publisher. This book was set in Stone Serif by Westchester Publishing Services. Printed and bound in the United States of America. Library of Congress Cataloging-in-Publication Data Names: Pauli, Benjamin J., author.
    [Show full text]
  • Aow 1516 21 Flint Water Crisis
    1. Mark your confusion. 2. Show evidence of a close reading. 3. Write a 1+ page reflection. How Tap Water Became Toxic in Flint, Michigan By Sara Ganim and Linh Tran for CNN, January 13, 2016 Flint, Michigan, lies about 70 miles from the shores of the largest group of fresh water bodies in the world: the Great Lakes. Yet its residents can't get clean water from their taps. Nearly two years ago, the state decided to save money by switching Flint's water supply from Lake Huron (which they were paying the city of Detroit for), to the Flint River, a notorious tributary that runs through town known to locals for its filth. "We thought it was a joke," said Rhonda Kelso, a long-time Flint resident. "People my age and older, thought 'They're not going to do that.' " The switch was made during a financial state of emergency for the ever-struggling industrial town. It was supposed to be temporary while a new state-run supply line to Lake Huron was ready for connection. The project was estimated to take about two years. What's in the water? Soon after the switch, the water started to look, smell and taste funny. Residents said it often looked dirty. "The water would come in brown and my daughter was like 'Mom ... why is the water brown?' " Kelso thought it was sewage, but it was actually iron. The Flint River is highly corrosive: 19 times more so than the Lake Huron supply, according to researchers from Virginia Tech. According to a class-action lawsuit, the state Department of Environmental Quality wasn't treating the Flint River water with an anti-corrosive agent, in violation of federal law.
    [Show full text]
  • CITY F FLINT OFFIC’EOFTHEEMERGE Ykiam1ger
    IIEg1.1 CITY F FLINT OFFIC’EOFTHEEMERGE YkIAM1GER ~ .4. Dame!! Earley. ICMA-CM MPA Emergency Manager October 8. 2014 Mr. R. Kevin Clinton. State Treasurer Michigan Depar ment ofTreasury 4th Floor Treasury Building 430 West Allegan Street Lansing. Ml 48922 Dear Mr. Clinton: Attached please lind the three month report for the period July 8,2014 through October 8. 2014 as required by Public Act 436 Section 17. This report is being submitted through you to Governor Rick Snyder. The entire report ~~ill be posted on the City of Flint website www.cityofflint.com as soon as it is approved Respectfully submitted. Darnell Earley, ICMA-CM, MM Emergency Manager cc: Governor Rick Snyder Randy Richardville. Senate Majority Leader James Bolger, Speaker of the House of Representatives James Ananich. State Senator Woodrow Stanley, State Representative Phil Phelps. State Representative lnez Brown, Clerk of the City of Flint Wayne Workman .Deputy Treasurer Edward Koryzno, Bureau Director of Local Go’ ernment Services Randall Byrne. Office of Fiscal Responsibility City of Flint • 1101 S. Sagina~ Street • Flint. Michigan 48502 www.cityofftint.com . (810) 766-7346 • Fax: (810) 766-7218 Public Act 436, Section 17: Three Month Report October 8, 2014 Introduction This Three Month Report of the status of the Financial and Operating Plan for the City of Flint is submitted to the Governor Rick Snyder, the Senate Majority Leader, the Speaker of the House of Representatives, and Clerk of the City of Flint through the Department of Treasury for the State of Michigan, in accordance with Public Act 436, Section 17 which requires this report beginning six months after the appointment of the Emergency Manager.
    [Show full text]
  • Kincaidforflint.Com Scott Kincaid for Mayor by Absentee
    OR *Karen Weaver’s goal is to get Flint water done in 10 years (and she’s behind). *Scott Kincaid is only trying to hold Don Pfeiffer is a building contractor who contractors to WEAVER’S schedule, GUARANTEES he will get the job done in 2 NOT speed things up. years or he will not run again. The Politicians in 10 years 4The BUILDER in 2 years Your choice is clear. You have to decide whether to trust politicians to run the biggest infrastructure program in the country, or a contractor who has a 100% record of bringing projects in on budget—and on time. ON TUESDAY, NOVEMBER 7TH VOTE TO HAVE FLINT WATER FIXED BY A PROFESSIONAL! Don AbetterFlint.com [email protected] Pfeiffer ff 810-519-2300 Flint Mayor Paid for by Committee to Elect Don Pfieffer | 2214 Radcliffe Ave. Flint, MI 48503 JIQUANDA JOHNSON Publisher & Executive Editor KOFI MYLER Designer Contributors East Village Magazine Paul Ro City of Flint 2017 Flint area League of Women Voters Note from Publisher The team at Flint Beat Ballot Issues would like to thank all of the contributors to the Flint City Council — All nine seats for the Flint City Council are up for grabs this year. Flint Beat Voter’s Guide. We hope this guide CANDIDATES FOR FLINT CITY COUNCIL is a helpful tool for Flint FIRST WARD Kerry Nelson (Incumbent) SIXTH WARD EIGHTH WARD residents before they head to the polls on Anita Brown Chia Morgan L. Allan Griggs November 7, 2017. We Eric Mays (Incumbent) FOURTH WARD Herbert Winfrey (Incumbent) Joyce Ellis-McNeal printed 5,000 copies of the guide to be dis- Michael Doan tributed throughout SECOND WARD Kate Fields (Incumbent) SEVENTH WARD NINTH WARD the City of Flint.
    [Show full text]
  • United States District Court Eastern District of Michigan Southern Division
    5:17-cv-10164-JEL-MKM Doc # 115 Filed 12/15/17 Pg 1 of 143 Pg ID 1367 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In Re Flint Water Cases , No. 5:16-cv-10444-JEL-MKM (consolidated) Hon. Judith E. Levy Mag. Mona K. Majzoub Walters, et al., No. 5:17-cv-10164-JEL-MKM Plaintiffs v. Governor Richard Snyder, State of Michigan, City of Flint, Daniel Wyant, Andrew Dillon, Nick Lyon, Adam Rosenthal, Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Jeffrey Wright, Edward Kurtz, Darnell Earley, Gerald Ambrose, Dayne Walling, Howard Croft, Michael Glasgow, Daugherty Johnson, Eden Wells, Nancy Peeler, Robert Scott, Lockwood, Andrews and Newnam, P.C., Lockwood, Andrews and Newnam, Inc., Leo A. Daly Company, Rowe Professional Services Company, Veolia LLC, Veolia Inc., Veolia Water and Veolia S.A., Receivership Transition Advisory Board, Defendants PLAINTIFFS’ MASTER LONG FORM COMPLAINT AND JURY DEMAND {00402956.DOCX}00388391.DOCX} 1 5:17-cv-10164-JEL-MKM Doc # 115 Filed 12/15/17 Pg 2 of 143 Pg ID 1368 Plaintiffs in this consolidated action, collectively, and by and through Liaison Counsel for Individual Plaintiffs, file this Master Long Form Complaint and Jury Demand (“Master Complaint”) against Defendants, as an administrative device to set forth potential claims that individual Plaintiffs may assert against Defendants in this litigation. Plaintiffs asserting personal injury or property damage as a result of the contamination of the City of Flint’s drinking water may bring and/or adopt this Master Complaint, and complain and allege on personal knowledge as to themselves, and on information and belief as to all other matters, as follows: PURPOSE OF MASTER COMPLAINT 1.
    [Show full text]
  • © 2016 Ashley Elizabeth Nickels ALL RIGHTS RESERVED
    © 2016 Ashley Elizabeth Nickels ALL RIGHTS RESERVED POWER, POLITCS, AND PARTICIPATION: THE IMPACT OF MUNICIPAL TAKEOVER ON LOCAL DEMOCRACY By ASHLEY ELIZABETH NICKELS A dissertation submitted to the Graduate School-Camden Rutgers, The State University of New Jersey In partial fulfillment of the requirements For the degree of Doctor of Philosophy Graduate Program in Public Affairs Written under the direction of Richard A. Harris And approved by _____________________________________ Richard A. Harris _____________________________________ Lorraine C. Minnite _____________________________________ Brandi Blessett Camden, New Jersey May, 2016 ABSTRACT OF THE DISSERTATION Power, Politics, and Participation: The Impact of Municipal Takeover on Local Democracy by ASHLEY ELIZABETH NICKELS Dissertation Director: Richard A. Harris This research focused on the ways in which municipal takeovers reshape local democracy, not only by suspending representative government, but disrupting the existing order and creating opportunities and incentives that shift power in the local political system. The primary question that guided this research was: how, through its implementation, does municipal takeover policy reshape local democracy? Drawing from a constructivist- institutionalist framework, I found that the tools and strategies designed by the state to fix a local government’s fiscal health have both instrumental and symbolic effects, which restructured who, and by what means residents, groups, and organizations, participated politically. To answer the question about how municipal takeover policy reshapes local democracy and to identify the causal mechanisms that explain how municipal takeover can alter the local political system, this project utilized a policy-centered case study of Flint, Michigan, a city most recently in the news for lead contamination in its water.
    [Show full text]
  • Role-Play Exercise Flint, Michigan: Lethal Water
    Suggested Role-Play Exercise Flint, Michigan: Lethal Water 2017 Read the case “Flint, Michigan: Lethal Water” carefully, trying to understand the perspective and decision making of each person who played a role in the events it discusses. In class, break up into small groups of four or five students per group. Each member of the group then chooses to assume the role of one of the individuals listed below who had some influence in the Flint water crisis. Take time to think about how you would defend that individual’s position; refer to the information in the case. The teacher should decide whether students might also take the opportunity to re-read the case and/or do further research on their “persona.” With each student assuming their “role,” groups take about 20-30 minutes together to debate on finding a solution that will (a) improve children’s health potential, (b) support citizens who wish to remain in Flint, and (c) guarantee safe housing and water access in equitable measure. If the class is large enough, some students may play the role of “ordinary Flint citizens.” State Government Governor Rick Snyder Emergency Manager Darnell Earley Government Agencies Brad Wurfel, Former Communication Director of the Michigan Dept. of Environmental Quality A representative of the U.S. Environmental Protection Agency (based in Chicago) Activists Leanne Walters, Flint mother Researcher Marc Edwards, Professor, Virginia Tech Physician Mona Hanna-Attisha, Pediatrician who studied rising blood levels in infants and children in Flint Local Government Karen Weaver, Mayor of Flint This role-play exercise accompanies a case which was originally developed by the Global Health Education and Learning Incubator at Harvard University by Rachel Gordon, MBA, Case Studies Program Manager, and Susan R.
    [Show full text]
  • Flint Water Crisis Investigation Interim Report
    INTERIM REPORT OF THE FLINT WATER CRISIS INVESTIGATION TABLE OF CONTENTS I. EXECUTIVE SUMMARY II. FLINT WATER CRISIS TIMETABLE OF CRITICAL EVENTS III. CITY OF FLINT: CRIMINAL CHARGES IV. MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY: CRIMINAL CHARGES V. MICHIGAN DEPARTMENT OF HEALTH & HUMAN SERVICES: CRIMINAL CHARGES VI. EMERGENCY MANAGERS: CRIMINAL CHARGES VII. OFFICE OF THE GOVERNOR OF THE STATE OF MICHIGAN VIII. CIVIL LAWSUITS: LAN AND VEOLIA IX. CONCLUSION 1 I. EXECUTIVE SUMMARY The Interim Report of the Flint Water Crisis Investigation is an effort to summarize the status of the criminal and civil investigations concerning the tragic health and safety crisis which has gripped the families of Flint, Michigan for more than three years. The Flint Water Crisis caused children to be exposed to lead poisoning, witnessed an outbreak of Legionnaires’ disease resulting in multiple deaths and created a lack of trust and confidence in the effectiveness of government to solve problems. Many families still drink, cook and bathe only with bottled water. Most Comprehensive Investigation in Michigan History This Interim Report represents a milestone in Michigan’s most comprehensive criminal investigation in modern history, marking the completion of this phase of the criminal investigation of the Flint Water Crisis. This investigation will continue and the attorneys, investigators and staff of the Flint Water Crisis investigative team will go wherever the evidence leads. Like any federal or state investigation, we will respond to and review any new evidence, leads, tips and information that may be presented and will consider it thoughtfully. While continuing to pursue and gather new and compelling evidence, a significant focus of the Flint Water Crisis investigation will turn to the prosecution of those individuals we have charged with crimes.
    [Show full text]
  • Deindustrialization and Political Identity: a Case Study of Residents in Flint, Michigan
    DEINDUSTRIALIZATION AND POLITICAL IDENTITY: A CASE STUDY OF RESIDENTS IN FLINT, MICHIGAN A thesis submitted to the Faculty of the Graduate School of Arts and Sciences of Georgetown University in partial fulfillment of the requirements for the degree of Master's of Arts in Communication, Culture and Technology By Nancy Alamy, B.A. Washington, DC April 24, 2012 Copyright 2012 by Nancy Alamy All Rights Reserved ii DEINDUSTRIALIZATION AND POLITICAL IDENTITY: A CASE STUDY OF RESIDENTS IN FLINT, MICHIGAN Nancy S. Alamy, B.A. Thesis Advisor: Diana M. Owen, PhD. ABSTRACT As we approach the 2012 Presidential election, more focus is being paid to Michigan as a potential swing state, despite its recent history as a solidly Democrat leaning stronghold. In past years Michigan has largely held these leanings due to its urban areas that have been the hardest hit by deindustrialization—Detroit, Lansing, Pontiac, Saginaw, and Flint. This paper looks specifically at the latter—Flint, Michigan in determining how prolonged economic troubles have affected the political attitudes of its residents. Through survey analysis I find that the ideology of Flint's residents lean decidedly progressive across generational, economic, and educational distinctions. This paper offers a contextualization of these leanings in the broader perspective of the contemporary political environment of the city, and examines the implications of the rampant population loss currently underway from Michigan's urban centers. iii For Lucas, my sweet boy. I could not have written this thesis without the guidance and support of many people, and so I would like to take this opportunity to thank them here.
    [Show full text]
  • DAYNE WALLING, FORMER MAYOR of the CITY of FLINT, MICHIGAN Submitted March 11, 2016
    U.S. House of Representatives Committee on Oversight and Government Reform Examining Federal Administration of the Safe Drinking Water Act in Flint, MI, Part II Tuesday, March 15, 2016 at 10:00 a.m. 2154 Rayburn House Office Building TESTIMONY OF DAYNE WALLING, FORMER MAYOR OF THE CITY OF FLINT, MICHIGAN Submitted March 11, 2016 Dear Mr. Chairman Chaffetz, Mr. Ranking Minority Member Cummings and the U.S. House of Representatives Committee on Oversight and Government Reform: Thank you for the opportunity to present testimony and to be invited to the hearing titled, “Examining Federal Administration of the Safe Drinking Water Act in Flint, MI, Part II.” The drinking water crisis in Flint is a catastrophe that has had, and continues to have, a devastating effect on our families, our most vulnerable children and seniors, our schools, neighborhoods, businesses and the entire community. Flint is a strong city and I know it will survive and with the right support it will thrive, but it never should have suffered in this situation. As a father raising my own family in Flint, I am deeply concerned for the children and all people who have been affected. It is important that support and opportunities are provided to Flint’s residents, the damaged public infrastructure systems, and the community as a whole. I appreciate the Committee’s efforts to identify what went wrong and why. Tragically for our community there were opportunities missed and dismissed that would have averted the water crisis. The recommendations I made, along with the Flint City Council and many other elected officials, community and faith leaders and activists were discounted by the emergency managers and Governor Snyder going back more than a year.
    [Show full text]