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Concerned Pastors v. Khouri

ELR Citation: 46 ELR 20191
Nos. 16-2628, (6th Cir., 12/16/2016)

The Sixth Circuit upheld a district court ruling denying 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 appellate court affirmed. The state defendants have not demonstrated a strong likelihood of success on their challenges to the findings that the Flint water system is not in compliance with various regulations promulgated under the SDWA. Nor have they shown that portions of the preliminary injunction, including the provisions requiring the delivery of bottled water to non-exempt households, are overbroad. Further, a stay does not support the public interest because the SDWA has already established that the provision of safe drinking water is an important public interest.