Subscribe for updates
Recent Posts
- D.C. Circuit Rejects Challenge to EPA’s Designation of PFOA and PFOS as CERCLA Hazardous Substances
- Tenth Circuit Clarifies Diligent Prosecution Bar to Citizen Suits under Clean Air Act
- Eleventh Circuit Allows Federal Officer Removal for EPA-Directed Cleanup
- Supreme Court Holds FIFRA Preempts State-Law Failure-to-Warn Claims Challenging EPA-Approved Labels
- California Federal Court Holds Agencies May Be Liable Under Clean Air Act Citizen Suit Provision
Topics
- State Implementation Plans
- Venue
- NJDEP
- Connecticut
- Pollutants
- Federal Land Policy and Management Act
- Loper Bright
- Agency Action
- Council on Environmental Quality
- Public Trust Doctrine
- New Jersey Civil Rights Act
- Title VI
- Environmental Justice
- Disparate Impact
- Massachusetts
- Evidence
- Internal Investigation
- Citizens Suit
- Federal Insecticide, Fungicide, and Rodenticide Act
- Georgia
- FIFRA
- Major Questions Doctrine
- Lead Paint
- Greenwashing
- Good Faith Settlement
- Federal Facilities
- Statutory Notice
- Oil Pollution Act
- Federal Jurisdiction
- Owner Liability
- Court of Federal Claims
- Ripeness
- Renewable Fuel Standard
- Fish and Wildlife Service
- Greenhouse Gas
- Refinery
- Alaska
- Florida
- National Priorities List
- Vapor Intrusion
- Solvents
- Price-Anderson Act
- Solid Waste Management Act
- Personal Jurisdiction
- Successor Liability
- Operator Liability
- Potentially Responsible Parties
- Federal Circuit
- Environmental Covenants
- Apportionment
- National Contingency Plan
- Divisibility
- Water Pollution Control Act
- Strict Liability
- Historic Resources
- Public Utilities Commission
- Utilities
- Hydraulic Fracturing
- Water Use
- PFAS
- Ohio
- Arbitration
- Alternative Dispute Resolution
- Climate Change
- Auer Deference
- Fees
- Commonwealth Court
- West Virginia
- Forest Service
- TSCA
- Martime
- Asbestos
- Gold King Mine
- New Mexico
- Utah
- Tribal Lands
- Federal Tort Claims Act
- Delaware
- Delaware Department of Natural Resources and Environmental Control
- National Forest Management Act
- FERC
- Chevron Deference
- United States Supreme Court
- Endangered Species Act
- HSCA
- Alter Ego
- Corporate Veil
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- Building Materials
- First Circuit
- Property Damage
- PCBs
- Groundwater
- Natural Resource Damages
- Brownfields
- Innocent Party
- Brownfield
- Environmental Rights Amendment
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- Effluents
- FOIA
- Sediment Sites
- EHB
- Texas
- Missouri
- Pipelines
- Injunction
- Coal Ash
- Spoliation
- TMDL
- Stormwater
- Safe Drinking Water Act
- Colorado
- Michigan
- Drinking Water
- North Carolina
- Bankruptcy
- Hearing Board
- Clean Streams Law
- Civil Penalties
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Stigma
- Fair Market Value
- Damages
- Tax assessment
- Property Value
- Storage Tank
- Energy
- Fifth Circuit
- Electric
- Indemnification
- Arizona
- Ninth Circuit
- OPRA
- Attorney-Client
- Iowa
- Discovery Rule
- Fourth Circuit
- Eighth Circuit
- Administrative Appeals
- Taxes
- Preemption
- CAFA
- Natural Gas
- Procedure
- Contamination
- Inspection
- Freshwater Wetlands Protect Act
- Residential
- New York
- Pennsylvania Department of Environmental Protection
- Natural Gas Act
- Federal Energy Regulatory Commission
- Hazardous Air Pollutants
- D.C. Circuit
- Mercury
- HAPs
- Condemnation
- Takings
- Storage
- Flooding
- Takings Clause
- Fifth Amendment
- Causation
- Spill Act
- NEPA
- Mineral Leasing Act
- Tenth Circuit
- Interior
- California
- Zoning
- Act 13
- Duty to Defend
- Insurance Coverage
- Landfill
- Eminent Domain
- Private Right of Action
- Sixth Circuit
- Water
- Illinois
- Diligent Prosecution
- Citizen Suit
- Subject Matter Jurisdiction
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Navigability
- Montana
- Equal-Footing Doctrine
- Riverbed
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- Laches
- CISWI
- Boiler MACT
- EPA
- Enforcement
- Delay Notice
- Rulemaking
- Equity
- Consent Decree
- Contribution
- Declaratory Relief
- Second Circuit
- NPDES
- Standing
- Dimock
- Medical Monitoring
- Case Update
- Legislation
- Dukes
- Certification
- Louisiana
- CLE
- Privilege
- Work Product
- Expert Witness
- Discovery
- Decisions of Note
- Cases to Watch
- Insurance
- Defense Costs
- Response Action Contractors
- Consultant Liability
- Negligence
- Remediation
- Donovan
- Army Corps
- Rapanos
- Trespass
- Odors
- Class Actions
- Farming
- Kentucky
- Nuisance
- Hog Barn
- New Jersey
- Administrative Hearing
- Informal Agency Action
- ISRA
- Emissions
- Waste
- RCRA
- Railroad
- Air
- Cancer
- Combustion
- CERCLA
- Speaking Engagements
- Third Circuit
- Removal
- Federal Procedure
- Toxic Torts
- Statute of Limitations
- Title V
- Clean Air Act
- Permits
- Cost Recovery
- Supreme Court
- Superfund
- Cleanup
- Statute of Repose
- Multi-District Litigation
- Camp Lejeune
- Tolling
- Administrative Procedures Act
- Marcellus Shale
- Clean Water Act
- Due Process
- Deeds
- Wetlands
- Enforcement Action
- Mineral Rights
- Real Estate
- Exploration
- Drilling
- Leases
- Oil and Gas
- Royalties
Blog editor
Blog Contributors
Yesterday, Judge Corbett O’Meara, of the United States District Court for the Eastern District of Michigan, dismissed a proposed class action complaint filed by a group of residents in Flint, Michigan regarding the drinking water contamination crisis against the City of Flint and several City employees, local politicians, Michigan’s Governor Snyder, the Michigan Department of Environmental Quality, and the Michigan Department of Health. The proposed class action included various state statutory and common law claims, as well as a constitutional claim asserted under 42 U.S.C. § 1983, a civil rights cause of action that allows private parties to recover monetary damages from state and local government entities for deprivation of constitutional rights. The plaintiffs did not include a Safe Drinking Water Act claim in their complaint, possibly as a tactical maneuver, since the sole remedy available in a citizen suit filed under the Safe Drinking Water Act is injunctive relief, rather than monetary damages which are available for a § 1983 constitutional claim.
In asserting federal jurisdiction over the matter, the proposed class plaintiffs asserted that the City of Flint violated their constitutional rights by providing them with contaminated drinking water and requiring them to pay for it. The defendants responded by arguing that the Court should dismiss the § 1983 action as preempted by the federal Safe Drinking Water Act and, further, given the absence of any remaining federal question, dismiss the pendant state law claims.
Judge O’Meara agreed with the defendants, citing prior federal precedent from the United States Supreme Court and United States Court of Appeals for the First Circuit, and held that the federal Safe Drinking Water Act provides a comprehensive system of enforcement and regulation of drinking water that preempts any other federal remedies. The prior federal cases that Judge O’Meara relied upon note that since “Congress occupied the field of public drinking water regulation” with the Safe Drinking Water Act, other federal law causes of action, including specifically a § 1983 claim, were preempted and unavailable to plaintiffs. Judge O’Meara declared that since all other federal causes of action were preempted, plaintiffs’ sole federal remedy was under the Safe Drinking Water Act. Since plaintiffs did not allege Safe Drinking Water Act claim in their complaint, and all the remaining causes of action were state-law claims, the complaint was dismissed from federal court.
Although the federal complaint was dismissed, this will not be last word on private party lawsuits related to the Flint drinking water crisis. Plaintiffs will likely re-file their case either asserting a claim under the SDWA, or pursue their state-law claims in a Michigan state court, where the case will join several other private party lawsuits about Flint’s contaminated drinking water that are sure to multiply over the coming months.
