A lawsuit alleging the state -- for years -- covered up lead contamination of drinking water in Benton Harbor can proceed. The Michigan Court of Appeals has denied the state’s request to have the case dismissed on the grounds the plaintiffs waited too long to file their lawsuit.
The state said the Benton Harbor residents missed the window after learning the city’s water was contaminated with lead. That was in October of 2018. But the plaintiffs say the state and the city told them the problem was being addressed until 2021, when residents were advised to use bottled water.
“They told this community, wrongfully, that this water was safe to drink,” said Mark Chalos, an attorney for the Benton Harbor residents suing the state. “It was not safe to drink. The state knew that, but they told this community it was safe to drink.”
Chalos said the state tried to use a loophole to escape culpability.
“The state told the members of the community that your water is safe to drink and, effectively, now what the state is saying is, well, you shouldn’t have listened to us,” he said. “You should have known your water was unsafe and you should have sued us sooner.”
The split Court of Appeals decision re-opens to door for evidence-gathering to continue on the way to the case going to trial. The state could appeal the decision to the Michigan Supreme Court.
The City of Benton Harbor recently reached a $25 million settlement with the plaintiffs in a similar lawsuit.
The Michigan Department of Environment, Great Lakes and Energy; the Michigan Department of Health and Human Services; and Governor Gretchen Whitmer’s office did not respond to requests for comment.
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