Federal court of appeals orders state to deliver bottled water to Flint residents
3:51 PM, Dec 16, 2016
4:37 PM, Dec 16, 2016
(WXYZ) - A federal appeals court has issued a ruling that says the state must deliver bottled water to homes in Flint affected by the Flint water crisis.
The Sixth Circuit Court of Appeals issued the order on Friday afternoon, denying the state's request not to have to deliver bottled water to Flint residents.
"Flint residents continue to suffer irreparable harm from the lack of reliable access to safe drinking water," the order reads. "Many residents who rely on filters that are improperly installed continue to be at risk of exposure to lead. Compliance with the order only requires that the State Defendants deliver bottled water to homes until they ensure that a home has a properly installed and maintained water filter, or if the residents opt-out of the delivery service."
The state appealed the order last month after saying delivering water to residents was unnecessary.
An excerpt from the order reads:
"It cannot be overstated that it is an immediate requirement, under the Safe Drinking Water Act’s (SDWA) Lead and Copper Rule that the State Defendants’ provide safe drinking water to all residents of Flint. Although there may be no known precedent for the doorto- door delivery of bottled water, there is also no precedent for the systematic infrastructure damage to a water delivery system that has caused thousands of people to be exposed to poisonous water. The injunction is in place to ensure that those people have access to clean water. The injunction is tailored to the specific systemic harms found and is appropriate in scope. For those reasons, the stay of the preliminary injunction must be denied."