By USA Today Network via Reuters Connect
Benton Harbor residents’ class action lawsuit against the state of Michigan took a step forward last month when a state court sided with residents who sued over high lead levels in the city’s water.
The Michigan Court of Appeals on Jan. 29 denied the state’s appeal of a Court of Claims decision, allowing residents’ case to proceed toward trial.
The decision moves forward one of three cases residents are pursuing because of the lead crisis in Benton Harbor, where lead levels in water reached as high as 889 parts per billion at a time when the action level was 15 parts per billion.
“Our position is the state knew the whole time, the whole three years that the water was toxic,” said Annika K. Martin, an attorney representing the Benton Harbor claimants. “(The state knew) that filters weren’t working, that flushing wasn’t working and they never told people not to drink the water until basically Gov. Whitmer in October 2021 issued her state of emergency declaration.”