Final Report on Flint Water Crisis Released

Michigan Attorney General Dana Nessel on Tuesday released a 101-page report on the Flint water crisis, calling it the final step her office can take toward accountability. The report comes years after a state Supreme Court ruling ended criminal cases against former Republican Gov. Rick Snyder and eight other individuals.

The report provides a history of the crisis, detailing the slow response by local and state officials and the attempt to bring 42 felony and misdemeanor charges against those nine people. Flint residents suffered through years of health concerns after lead from old pipes leached into the city's drinking water once officials began drawing water from the Flint River to save money in 2014.

Nessel, a Democrat in her final term, said the report is meant to be a thorough public account of the criminal investigation, and she regretted that the details were never presented in court to juries. "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," she said.

The Failed Prosecution

After taking office in 2019, Nessel fired a special prosecutor who had brought criminal charges and assembled a new team of attorneys to determine whether crimes were committed. That team ultimately brought charges against Snyder and other key officials, presenting their evidence to a judge who acted as a one-person grand jury.

The state Supreme Court threw out those charges in 2022, ruling the judge had no power to issue indictments under the grand jury law. Nessel was not involved in the criminal cases, having decided to focus on settling lawsuits against the state and wall herself off from the criminal investigation. On Tuesday, she defended prosecutors' decision to seek charges directly from a judge, calling it "the smartest possible move" at the time.

Nessel also questioned the political implications of the ruling, noting that three of the justices who joined the unanimous decision were appointed by Snyder. "I think it's impossible to separate those things," she said.

Expressing frustration, Nessel said "justice has evaded the people of Flint" and that they will not get their day in criminal court to see officials held accountable for the water crisis. The Associated Press sent an email Tuesday seeking comment from Snyder.

Background: The Flint Water Crisis

Cash-strapped Flint was under state financial control when it stopped receiving water from Detroit and began drawing from the Flint River while waiting to connect to a new regional system. The move was made to save money. Chemicals used to treat the river water caused lead to leach from old pipes.

While state health officials declared the water safe, doctors began reporting high levels of lead in the blood of Flint children. Snyder acknowledged the lead problem in September 2015, leading the state to provide water filters and testing of water in Flint schools. In early 2016, Snyder declared a state of emergency in Flint.

Congress eventually approved a bill authorizing water projects nationwide, with about $170 million going to Flint to address lead in the drinking water. In 2020, a judge approved a $626 million settlement for Flint residents and others exposed to lead-contaminated water. The crisis prompted other communities across the state and in other states to seek solutions to how drinking water was delivered to homes and businesses.