Lawson’s new opinion says there is « no basis to conclude that the need for immediate action has diminished, » partly because Flint ratepayers are now paying both bond payments for its share of the Karegnondi Water Authority pipeline and for treated water from GLWA.
FLINT, MI — A federal judge has turned down the City Council’s request for more time to study Flint’s long-term water source options, clearing an opening for a 30-year water contract with the Great Lakes Water Authority.
In an opinion Friday, Oct., 27, U. S. District Judge David Lawson denied a motion from the council for delay or dismissal of a lawsuit against the city by the Michigan Department of Environmental Quality, which sought to require the city to choose a long-term water source now.
Although the judge did not spell out how that goal can be achieved without action by the council, his decision says that if the city fails to act, the DEQ must return to court to file a motion to enforce an earlier ruling that required a city decision by Oct. 23.
Scott Kincaid, the city’s Ninth Ward Councilman, said the council is considering « all options, » including an appeal of the ruling.
Councilman Herbert Winfrey said the decision is based on finances, not what’s best for resident’s health.
« The judge has to do what he has to do, and the MDEQ and the EPA are disguising it under all this health stuff, but it’s really that they want to get a lower bond rating, » Winfrey said.
In a filing with the court earlier this month, DEQ asked the judge to allow Mayor Karen Weaver, who supports the GLWA contract, to sign it without regard to the council.
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DEQ has argued that the council’s failure to act is endangering the public’s health and threatens to bankrupt the city’s water fund.
The department said in a statement Friday that it is studying the judge’s ruling.
The DEQ sued the city in June, asking Lawson to require Flint to accept a 30-year contract with GLWA or an alternative that meets the requirements of a U. S. Environmental Protection Agency administrative order.
The council filed an emergency motion Oct. 22, asking Lawson to give members 75 days to work with a consultant to study its options or to dismiss the DEQ lawsuit altogether.
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Lawson’s new opinion says there is « no basis to conclude that the need for immediate action has diminished, » partly because Flint ratepayers are now paying both bond payments for its share of the Karegnondi Water Authority pipeline and for treated water from GLWA.
Although GLWA offered to reimburse the city for those KWA bond payments previously, signatures on an escrow agreement expired a month ago « due to the City Council’s inaction, » Lawson’s opinion says.
The city has paid the bond payments, which amount to about $600,000 monthly, since the start of this year but GLWA offered in the expired agreement to reimburse the city for payments dating back to July.
That expired escrow agreement will need to be addressed, according to Lawson.
« In all events, the City Council has not offered any good reasons for reconsidering, altering, amending, withdrawing, or staying this Court’s judgment, » the judge wrote. « The parties may move to enforce it as they see fit. »
Flint Journal reporter Oona Goodin-Smith contributed to this story.
