Attorney general says his office can defend only Snyder, state

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The state said Friday that purified water it sent to Flint state offices in January of 2015 was for use by the public, not just state employees.(Photo: Ryan Garza/Detroit Free Press)Buy Photo

A new legal migraine could be kicking in for seven Michigan Department of Environmental Quality employees who are being sued over the Flint water crisis.

According to a federal court filing, State Attorney General Bill Schuette said his office “likely” can’t defend the DEQ workers and that they need to find their own lawyers to represent them in a pending lawsuit filed by Flint residents. Schuette has asked a federal judge to decide the issue of whether his office has to defend the DEQ employees — which is typically done when a state agency or its employees get sued —  or if they should get their own attorneys.

“We’re not just opening the door and sending them out into the world with no assistance,” Schuette spokeswoman … said of the DEQ employees. “We’re going to work with the governor’s office to make sure these folks have lawyers.”

DEQ officials declined comment citing pending litigation, but said it is reviewing Schuette’s recommendation that the DEQ employees get their own attorneys.

In a move that could suggest friction is building between various state agencies over the Flint fiasco, Schuette has said that his office can defend the governor and state, but not the DEQ employees, because their interests could be at odds as defendants in the case.

“As the issues surrounding the situation in Flint have unfolded, particularly in the last week, it has become apparent that there is a potential conflict of interest between the Governor and State of Michigan on the one hand, and the individual MDEQ employees on the other,” Schuette wrote in a late Friday filing in the court case. “Given this conflict, counsel have determined it is likely they cannot effectively represent both sets of clients.”

Schuette, consequently, asked the court for an additional 30 days to respond to the allegations in the lawsuit, saying he needs more time to go over the case, and the DEQ defendants need more time to find a new lawyer.

Flint Water Crisis

The lawsuit centers on allegations by Flint residents that the city and state endangered their health by exposing them to dangerous lead levels in their tap water after switching their supply last year in a move to save money.

Specifically, the lawsuit revolves around Flint’s decision in 2014 to switch to water from the Flint River instead of Detroit’s water system, after Gov. Rick Snyder had placed the city under an emergency financial manager.

The switch, the lawsuit claims, has triggered a host of health issues, including dry skin, lesions and respiratory disorders. And even though Snyder decided in October to switch Flint back to Detroit’s water system, the lawsuit says the move is too late and that too many people have already been harmed.

The lawsuit has been filed on behalf of 10 plaintiffs, but seeks class-action status on behalf of all Flint residents. The plaintiffs want compensatory and punitive damages, a medical monitoring fund to be created, and the appointment of a monitor to oversee Flint’s water.

The defendants are Snyder, the state of Michigan, seven DEQ employees, the city of Flint, two former emergency managers of Flint, the former Flint mayor and three city employees.

Contact Tresa Baldas: [email protected]

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