This month is the tenth anniversary of the Flint, Michigan water crisis where residents uncovered that they were being exposed to lead, a highly toxic metal that is especially dangerous to children, through their public water supply. Ten years later, our clients in Jackson, Mississippi and Benton Harbor, Michigan are still fighting for access to clean, safe water that is sadly still not guaranteed, especially to Black residents.  

Lieff Cabraser attorney Wesley Dozier recently spent time in Benton Harbor with residents and below discusses the long fight for justice waged by our client Emma Kinnard (a named plaintiff in the proposed water contamination class action) to protect her community.  

Lieff Cabraser attorney Annie Wanless represents service members and their families exposed to contaminated water at Camp Lejeune between August 1953 and December 1987. She discusses the segregation and racism perpetrated on Black marines and local staff personnel at Camp Lejeune and the upcoming deadline to submit a claim for those exposed to contaminated water. 

Benton Harbor, Michigan: Residents create change and demand accountability
Wesley Dozier, Lieff Cabraser, Attorney  

On October 14, 2021, Michigan Governor Gretchen Whitmer declared a State of Emergency in the City of Benton Harbor, Michigan in response to the elevated lead levels in the public drinking water. Governor Whitmer’s announcement was the first time any Michigan state or local official provided public notice that the water in Benton Harbor was contaminated by lead at levels that exceeded state and federal regulatory standards. The heightened presence of lead in the Benton Harbor water system was discovered three years prior, in 2018, but various government officials failed to sound the alarm despite the residents raising concerns about the water safety. Further, these officials implemented, recommended, and promoted ineffective remedies to the water crisis. The impact of this mismanagement fell on the mostly Black and mostly low income residents of Benton Harbor. 

Unfortunately, the Benton Harbor water story is not unique. Historically, communities of color in the U.S. have long suffered from poor infrastructure, inadequate safety monitoring, and gross indifference of too many private actors and state and local officials to the concerns of individuals and communities lacking in money and/or power. As a result, Black Americans and other persons of color, especially children, have endured the harsh consequences of lead poisoning caused by their own drinking water. However, the residents of Benton Harbor have demonstrated tremendous resilience and strength in the face of these challenges. In particular, Benton Harbor resident Emma Kennard has used this moment to be a catalyst for change. For decades Ms. Kinnard has been a staple in the Benton Harbor community. She worked in the Benton Harbor Area Schools for 26 years before retiring. She has served as the founding director of Fresh Start Children’s Garden, a nonprofit organization dedicated to urban gardening, education, and nutrition. And she became so concerned about the lack of safe water in her community that she decided to step forward and bring a class action lawsuit against the City of Benton Harbor and the State of Michigan for their mismanagement of the Benton Harbor Water Crisis. Through her leadership in the lawsuit, Ms. Kinnard is ensuring that the City and State are held to account for the harms their actions and inactions caused Benton Harbor residents. 

Yet, Ms. Kinnard’s change-making ethic did not stop at her involvement in the lawsuit. In 2023, Ms. Kinnard ran for commissioner-at-large in the City of Benton Harbor. With the support of her community, Ms. Kinnard won the election and was sworn in on December 18, 2023. Now, Ms. Kinnard has the ability in her official capacity to help Benton Harbor’s residents hold governments to account when its representatives ignore issues that are most important to Benton Harbor residents. Thus, Ms. Kinnard has modeled how to push for critical change even when faced with severe obstacles. While her election does not itself remedy the harms caused to Benton Harbor residents by lead-contaminated water, it signals a future in which such harms will not be perpetrated against this community again. 

Camp Lejeune: Fighting for Health Equity for Veterans of Color
Annie Wanless, Lieff Cabraser, Attorney 

In 1942, the first Black recruits in the Marine Corps reported to Montford Point in North Carolina, which is now part of Marine Corps Base Camp Lejeune.  President Roosevelt had just signed Executive Order 8802, which banned racial discrimination in the military.  From 1942-1949, over 20,000 African-Americans would train at Montford Point.  They became known as the Montford Point Marines, and would go on to serve their country around the world.  These brave men and women served their country even as they faced racism and segregation at home—in fact, the Montford Point Marines were not allowed to enter neighboring Camp Lejeune unless accompanied by a white Marine.  That changed in 1948, when President Truman signed Executive Order 9981, prohibiting racial segregation in the military.  The decision to desegregate the Armed Forces was in large part due to the contributions of men and women like the Montford Point Marines.  

People of color continued to serve and work in staff roles at Camp Lejeune between August 1953 and December 1987.  Unfortunately, during that time, people at the base were exposed to contaminated water that has since been linked to many cancers and other illnesses. Lieff Cabraser is assisting hundreds of clients with these issues. 

It is important to note that there are deadlines coming up to participate in this lawsuit. Anyone who thinks exposure at Camp Lejeune might have caused an illness—to themselves or to a deceased loved one—can file an administrative claim with the Navy by August 10 of this year. Filing a claim will not jeopardize VA benefits. If the Navy does not respond for six months, claimants can file a claim in court, where they are now progressing in North Carolina. One of Lieff Cabraser’s founding partners, Elizabeth Cabraser serves as one of the court-appointed Co-Lead Counsel for all Plaintiffs.   

If you think you were injured by Camp Lejeune water, we recommend speaking with an attorney before taking any action, as the information provided to the Navy is critical to assessing damages and errors in submission could limit damages to which a claimant may legitimately be entitled.  

More information can be found here: https://www.lieffcabraser.com/injury/camp-lejeune.