Judge: Discretionary Function Exception Does Not Apply To Flint Tort Claims Case

( January 29, 2025, 1:41 PM EST) -- DETROIT — A federal judge in Michigan on Jan. 28 denied the U.S. government’s motion to dismiss the Flint water crisis Federal Tort Claims Act (FTCA) lawsuit pursuant to the discretionary function exception (DFE), ruling that the DFE is inapplicable to the “actions and inactions” of the U.S. Environmental Protection Agency in response to the Flint water crisis.  The judge’s ruling addressed only the applicability of the DFE to the lawsuit....