Residents of Benton Harbor, Michigan, have come together to file a class-action lawsuit over the town’s lead-contaminated water supply. The 63-page complaint was filed by 16 residents who allege that both state and city officials did not properly inform residents about the contaminated water in Benton Harbor. The complaint details that the lead levels in the water have been above both state and federal drinking water standards since at least late 2018.

“he state, its agencies, directors, the city of Benton Harbor, its mayor, and city managers and water plant manager treated the evidence that the water running through lead service lines in the city of Benton Harbor was poisoned with high levels of lead with deliberate indifference,” the complaint reads. “Defendants, all of them, have not remediated these dangers or harms, notwithstanding their knowledge, since 2018, that the amount of lead in the water was increasing with each testing period from 2018 to 2021.”

Much like the water crisis that unfolded three hours away in Flint, Michigan, Benton Harbor’s water supply was contaminated after lead in the city’s pipe system seeped out and into the water. Residents went on to use the water for cooking, bathing, and all other uses without knowledge about the heavy contamination.

Only after a petition was filed to the EPA did the state begin offering city residents bottled water. One plaintiff in the suit, Donna Braziel, is described as a lifelong Benton Harbor resident who only found out about the contamination once the state began distributing the bottled water. "At no time prior to late October 2021 was Plaintiff Braziel ever notified by any of the Defendants that the water she used was unsafe to drink or utilize in food preparation and oral hygiene. Plaintiff’s minor grandson, born on June 15, 2021, was fed his formula with tap water," the lawsuit explains.

The state maintains that residents had knowledge of the lead levels in the water for at least three years. State officials expressed that they were aware of the contamination and that they were taking the necessary steps to remedy the situation. “Steps were taken as soon as the elevated levels were recorded to work on that corrosion control and get that in place. Corrosion control takes time. We are seeing elevated numbers but we’re also seeing in general an improvement overall” Michicahn environment, Great Lakes and Energy Department Director Liesl Clark shared with a local news station, Fox 17 WXMI.

The city and state officials named in the suit maintain that they held multiple necessary community meetings to inform the public about the rising lead levels. They also contend they passed out water filters to help residents have access to clean drinking water.

Bobby Leddy, a spokesperson for Michigan Governor Gretchen Whitmer shared in a statement, "Since the first lead exceedance was detected in 2018, the State of Michigan has been on the ground in Benton Harbor working with local partners on a solution to address the aging infrastructure."

Still, the complaint pushes back, "Knowing the high lead levels in the water would result in widespread permanent serious damage in adults, and particularly, the irreversible lead poisoning of children, which adversely affects their cognitive, physical and developmental status; and other vulnerable persons, the Defendants, acting with deliberate indifference, engaged in decision-making that shocks the conscientious. This conduct was culpable in the extreme. "

This class action suit came just hours after a historic $626.25 million settlement between the state of Michigan and the residents of the town of Flint last week. The settlement remedied civil claims after residents suffered extensive damage when the town switched its water source from treated water that was pumped in from Detroit to water from the Flint River.

Michigan state and the EPA share that they have allocated millions of dollars to fix the piping system, including a $5.6 million grant provided by the EPA last year. However, officials estimate that it would take at least $30 million and 18 months for the repairs to be completed.