FLINT WATER CRISIS

Bill Schuette splits with Rick Snyder over Flint water deliveries

Paul Egan
Detroit Free Press
Attorney General Bill Schuette

LANSING -- State Attorney General Bill Schuette split with Gov. Rick Snyder on Tuesday over a federal court case involving Flint, seeking permission to file a brief arguing in favor of an order — strongly opposed by the governor — that the state make door-to-door bottled-water deliveries to all households that can’t be shown to have properly installed and working water filters.

It's the latest in a series of high-profile conflicts between Snyder and Schuette. Both are Republicans. But Schuette is expected to seek the nomination to succeed Snyder, who is term-limited, as governor.

In a federal lawsuit brought by Concerned Pastors for Social Action, the Natural Resources Defense Council, the Michigan ACLU and Flint resident Melissa Mays, U.S. District Judge David Lawson has ordered the state and City of Flint to make regular bottled-water deliveries to all Flint households that the state can't show to have properly installed and maintained water filters.

The state has twice appealed the order and lost both times. It has argued that the order would be too costly to carry out and is not necessary because residents can arrange for bottled-water delivery by dialing 2-1-1. The state also argued that recent testing shows the water is now below federal "action levels" for lead.

More Flint news:

How race, class set the stage for Flint water crisis

Flint, U.S. officials tell Flint residents water is improving

Flint water crisis: A visual essay

Lawson recently appointed a mediator in the case, but it's not clear if the bottled-water order is subject to mediation. A hearing on that order is scheduled for later this month.

Schuette's proposed brief tells Lawson that the Michigan Department of Environmental Quality can't be relied on to say when the state is complying with the Safe Drinking Water Act with respect to Flint, and when it is not.

"MDEQ is not behaving as an impartial regulatory agency in this action," Schuette said in the amicus brief he wants to make part of the court proceedings.

"Instead, MDEQ is attempting to assist other state actors to avoid the mandates imposed" by Lawson's bottled-water delivery order. "The same agency whose employees conspired to defraud the public into believing Flint's water supply was safe ... should not be looked to as experts on interpreting and administering the Safe Drinking Water Act,"   Schuette said.

Assistant attorney generals from Schuette's office are representing state defendants in the case. Schuette is filing the brief separately, "on behalf of the people of the State of Michigan," saying "the Flint water crisis is a grave harm and threat to the public health and welfare."

He said the bottled-water deliveries are needed as a "rough substitute for the essential services that municipal water systems must furnish: delivery of safe drinking water at the point of use."

Read more:

Flint lawsuits could cost Michigan taxpayers millions

Activists urge caution on Flint water despite improved tests

Snyder spokesman Ari Adler said that "delivery of bottled water in Flint is already happening when requested," and "filtered water has been determined by government and independent water quality experts to be safe for all populations for drinking and cooking."

Adler added:  "The case is now under mediation, and we are looking forward to continuing a cooperative and productive dialogue with all parties."

Schuette is conducting a criminal investigation into the Flint water crisis and so far has charged 13 current or former state and city employees.

Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on Twitter @paulegan4.