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Concerned Pastors for Social Action v. Khouri

ELR Citation: 46 ELR 20187
Nos. 2:16-cv-10277-DML-SDD, (E.D. Mich., 12/02/2016) (Lawson, J.)

A district court denied Michigan’s motion to stay a preliminary injunction ordering water system operators in Flint, Michigan, to provide bottled water to residents whose homes do not have properly installed and maintained water filters. On November 10, 2016, the court ordered the water operators to provide Flint residents with safe drinking water at the point of use. The Michigan Attorney General filed a motion to stay the order, stating that the current delivery method—whereby residents retrieve their own drinking water and use filters that may or may not be effective—is satisfactory. The state further argued that delivery would be too costly. But the court disagreed. The state is unlikely to succeed on the merits of the underlying case. In addition, the citizens of Flint would be irreparably harmed by a stay, and the public interest would not be served by staying the injunction.