A proposed settlement in a lawsuit over Benton Harbor’s lead-contaminated water system is moving forward, while a separate case against the state of Michigan continues.
Mark Chalos, an attorney representing residents, said a federal court has granted preliminary approval to a $25 million judgment against the city. Under the agreement, any payments would come from the city’s insurance policies, not directly from taxpayers.
“The city of Benton Harbor has agreed to a $25 million judgment being entered against it, with the recovery to be against the city’s insurance policies only,” Chalos said.
The settlement also includes non-monetary provisions, such as expanded water testing, independent monitoring and increased reporting requirements. Chalos said the city has also agreed to help facilitate community services for residents affected by lead exposure and to pursue other funding sources to reduce long-term water rates.
Benton Harbor’s water crisis gained national attention in 2021 after testing revealed elevated lead levels in drinking water, prompting a state of emergency and the distribution of bottled water and filters.
Chalos said the contamination in Benton Harbor exceeded what was seen during the Flint water crisis.
“The levels of lead were considerably higher than in Flint, and the length of exposure was significantly longer,” he said.
In addition to the settlement with the city, residents are pursuing a separate lawsuit against the state of Michigan. That case alleges state officials contributed to the crisis and misled residents about the safety of the water.
The state previously asked the court to dismiss the lawsuit, arguing it was filed too late. Judges rejected that argument, allowing the case to move forward.
Chalos said the state should now face accountability.
“It’s time for the state officials to stand up, not hide behind technicalities, but be accountable,” he said.
The lawsuit against the state has been sent back to trial court, where it is expected to proceed toward trial. Separate claims against two private contractors involved in the water system are also pending.
Chalos said residents are seeking both financial compensation and long-term protections to prevent similar crises.
“The community is primarily focused on making sure this never happens again,” he said.
A final hearing on the proposed settlement with the city has not yet been scheduled.
