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MAYS v. GOVERNOR OF MICHIGAN

Docket Nos. 157335-7, Docket Nos. 157340-2 Calendar No. 2.

954 N.W.2d 139 (2020)

506 Mich. 157

Melissa MAYS, Michael Adam Mays, Jacqueline Pemberton, Keith John Pemberton, Elnora Carthan, Rhonda Kelso, and All Others Similarly Situated, Plaintiffs-Appellees, v. GOVERNOR OF MICHIGAN, State of Michigan, Department of Environmental Quality, and Department of Health and Human Services, Defendants-Appellants, and Darnell Earley and Jerry Ambrose, Defendants-Appellees. Melissa Mays, Michael Adam Mays, Jacqueline Pemberton, Keith John Pemberton, Elnora Carthan, Rhonda Kelso, and All Others Similarly Situated, Plaintiffs-Appellees, v. Governor of Michigan, State of Michigan, Department of Environmental Quality, and Department of Health and Human Services, Defendants-Appellees, and Darnell Earley and Jerry Ambrose, Defendants-Appellants.

Supreme Court of Michigan.

Decided July 29, 2020.

Attorney(s) appearing for the Case

Pitt McGehee Palmer & Rivers, PC (by Michael L. Pitt , Cary S. McGehee , Beth M. Rivers , and Peggy Pitt , Royal Oak), Goodman & Hurwitz, PC (by William Goodman , Julie H. Hurwitz , and Kathryn Bruner James , Detroit), Trachelle C. Young & Associates PLLC (by Trachelle C. Young , Flint), Law Offices of Deborah A. La Belle (by Deborah A. La Belle ), Weitz & Luxenberg, PC, Detroit (by Paul F. Novak and Gregory Stamatopoulos ), and McKeen & Associates, PC, Detroit (by Brian McKeen ) for plaintiffs.

Aaron D. Lindstrom , Solicitor General, B. Eric Restuccia , Chief Legal Counsel, and Richard S. Kuhl , Margaret A. Bettenhausen , Nathan A. Gambill , and Charles A. Cavanagh , Assistant Attorneys General, for Governor Rick Snyder, the State of Michigan, the Michigan Department of Environmental Quality, and the Michigan Department of Health and Human Services.

Barris, Sott, Denn & Driker, PLLC (by Eugene Driker , Morley Witus , and Todd R. Mendel ), Special Assistant Attorneys General, for Governor Rick Snyder.

William Y. Kim , Assistant City Attorney, for Darnell Earley and Jerry Ambrose.

Kaitlin Morrison , Sarah Tallman , and Jeremy Orr , for Amicus Curiae the Natural Resources Defense Council.

Bonsitu A. Kitaba and Daniel S. Korobkin , for Amicus Curiae the American Civil Liberties Union Fund of Michigan.

Nicholas Leonard , for Amicus Curiae the Great Lakes Environmental Law Center.

BEFORE THE ENTIRE BENCH (except Clement, J.)

OPINION

This putative class action involves a series of events commonly referred to as the "Flint water crisis." Plaintiffs, who are water users and property owners in the city of Flint, sued former Governor Rick Snyder, the state of Michigan, the Michigan Department of Environmental Quality (MDEQ), and the Michigan Department...

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