Michigan Attorney General Dana Nessel announced the release of a report detailing the Flint water crisis, characterizing it as the final accountability measure her office can undertake years after a state Supreme Court ruling halted criminal proceedings against former officials.
The 101-page report provides a historical account of the crisis, the slow response from local and state officials, and the attempt to bring charges against nine individuals, including former Republican Gov. Rick Snyder. Flint residents experienced prolonged health issues when lead from aging pipes contaminated the city's drinking water after officials switched water sources to the Flint River in 2014 to reduce costs.
Nessel, a Democrat, stated that the report serves as a comprehensive public record of the criminal investigation. She expressed regret that the findings could not be presented to juries in court. "I hope this offering revealing the inner workings of our dedicated investigators and prosecutors who helmed this yearslong effort and the facts and evidence which guided them may tell one part of the story of the Flint water crisis, and put the truth in the hands of the people of Flint who deserve it the most," Nessel said.
After assuming office in 2019, Nessel dismissed a special prosecutor involved in the initial charges and appointed a new legal team to investigate. This team subsequently filed charges against Snyder and other key figures, presenting evidence to a judge acting as a one-person grand jury. However, in 2022, the state Supreme Court invalidated these charges, ruling that the judge lacked the authority to issue indictments under the grand jury law. Nessel was not involved in the criminal cases, focusing instead on settling lawsuits against the state.
Nessel defended the decision to seek charges directly from a judge, calling it "the smartest possible move" at the time. She also noted the potential political implications of the Supreme Court's ruling, pointing out that three justices who supported the unanimous decision were appointed by Snyder, stating, "I think it’s impossible to separate those things."
She conveyed frustration that "justice has evaded the people of Flint" and that they will not have a criminal trial to see officials held accountable for the water crisis. The report's release followed a commitment made by prosecutors in 2023 to issue a summary of their investigation the following year. Nessel explained the delay was due to the extensive process of redacting legally protected grand jury information and compiling millions of documents.
Flint, facing financial difficulties, was under state financial management when it changed its water source from Detroit to the Flint River while awaiting connection to a new regional system. The decision was made for economic reasons. However, chemicals used to treat the river water caused lead to leach from the city's old pipes. State health officials initially declared the water safe, but doctors soon reported elevated lead levels in the blood of Flint children.
Snyder acknowledged the lead contamination in September 2015, which led to the provision of water filters and testing in Flint schools. He declared a state of emergency in Flint in early 2016. Subsequently, Congress passed legislation authorizing nationwide water projects, with approximately $170 million allocated to Flint for lead mitigation in its drinking water. In 2020, a judge approved a $626 million settlement for Flint residents and others affected by the lead-contaminated water. The Flint water crisis spurred other communities in Michigan and across the nation to seek solutions for drinking water delivery.