Napoli Shkolnik: Ruling Clears Path to Trial in Flint Water Litigation Against U.S. Government

NEW YORK, Sept. 23, 2025 /PRNewswire/ — In a groundbreaking decision, the United States District Court for the Eastern District of Michigan has denied the federal government’s motion for summary judgment seeking dismissal of claims brought by Flint children and families under the Federal Tort Claims Act (FTCA). The Court held that the U.S. Environmental Protection Agency (EPA) can and must be held accountable for its negligence during the Flint Water Crisis. Napoli Shkolnik represents Flint families in this litigation.

The Court found that there is sufficient evidence to hold the government liable under the Good Samaritan doctrine, which holds that an entity is responsible for harm caused by its negligent actions, even if those actions were undertaken voluntarily. This ruling is a crucial step forward for the residents of Flint seeking justice and accountability.

The Court’s opinion highlighted the EPA’s failure to effectively utilize its authority under the Safe Drinking Water Act (SDWA) to intervene and protect Flint residents, despite having knowledge of the severe risks posed by the contaminated water. Judge Parker’s decision underscored the EPA’s negligent undertakings, including its failure to properly oversee the water system, communicate clearly and effectively with state officials and residents and act in a timely manner to address the growing public health crisis. This ruling reaffirms the principle that the government can be held accountable for its actions and inactions when they result in harm to the public. It paves the way for the plaintiffs to continue their pursuit of justice and fair compensation for the injuries and damages suffered.

“This ruling is a major victory in the fight for justice for Flint’s children and families,” said Paul J. Napoli, partner at Napoli Shkolnik PLLC, who represents the Burgess family and other Flint plaintiffs. “For too long, the government has tried to evade responsibility for turning a blind eye to poisoned water flowing into homes, schools and businesses. Today, the Court reaffirmed that no one, not even the federal government, is above the law when it comes to protecting the health and lives of American families.”

The Court rejected the U.S. government’s arguments that it was immune from suit under technical FTCA exceptions, ruling instead that the EPA undertook clear responsibilities to oversee water safety in Flint and failed those duties, with devastating consequences. This decision ensures that Flint residents will have their day in court to hold the government accountable for the catastrophic failures that sickened thousands, especially children.

“This case is about more than Flint, it is about ensuring federal agencies cannot abandon communities in crisis without consequence,” Napoli added. “The people of Flint have waited over a decade for accountability. This decision puts us one step closer to delivering justice, truth and compensation for the victims of this man-made disaster.”

About Napoli Shkolnik PLLC
Napoli Shkolnik is a leading national plaintiffs’ law firm, representing communities and individuals across the country in high-stakes litigation involving environmental contamination, public health crises, and corporate misconduct. The firm has played a central role in landmark cases including the Flint Water Crisis, PFAS “forever chemicals” litigation, the nationwide opioid epidemic, and 9/11 first responder claims.

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