Government: Flint FTCA Case Fails Under The Discretionary Function Exception

(May 21, 2024, 2:00 PM EDT) -- DETROIT — The U.S. government filed a reply brief on May 20 in Michigan federal court in support of its motion to dismiss a $722.4 million Federal Tort Claims Act (FTCA) lawsuit against it related to the lead-contaminated water crisis in Flint, Mich., arguing that the record demonstrates that policy makers at the highest level of the U.S. Environmental Protection Agency “balanced difficult and competing social, economic, environmental, public health, and federalism factors in responding to this crisis, which satisfies the second prong of the discretionary function exception.”...