Ariana Gonzalez

Hi Valerie, thoped to catch you on the phone, but didn’t make it through. | wanted you to hear from me that NRDC’s litigation team is at this moment filing a notice of intent to sue among othars the Chty of Flint, Governor Snyder, and Dan Wyant under the Safe Drinking Water Act. NRDC along with the Concerned Pastors for Social Action, Melissa Mays, the American Civil Liberties Union of Michigan will working together in the state on this issue, | can put you in touch with those working in Flint if you'd fike ancl will continue to be a resource and partner on all energy related matters. Please let me know if you have questions or would like more information. Ariana Energy Policy Analyst NATURAL RESOURCES DEFENSE COUNCIL 20 N. WACK CHICAGO, IL T GL2.854.2024 ui PPI AGoweecerewRDS.ORG xxxEND_PAGE:deq19_b13_1016_1232_201 November 16, 2015 By Certified Mail, Return Receipt Requested City of Flint Attn: Mayor Karen Williams Weaver 1101 South Saginaw Street Flint, MI 48502 [email protected] Governor Rick Snyder P.O. Box 30013 Lansing, MI 48909 contactmichigan@state. mi.us Director Dan Wyant Michigan Department of Environmental Quality Constitution Hall 525 West Allegan Street P.O. Box 30473 Lansing, MI 48909-7973 [email protected] Treasurer Nick A. Khouri Michigan Department of Treasury Richard H. Austin Building 430 West Allegan Street Lansing, MI 48922 KhouriN@michigan. gov RTAB Chairperson Frederick Headen Flint City Hall 1101 South Saginaw Street Flint, MI 48502 HeadenF @michigan.gov RTAB Member Brian Larkin Flint City Hall 1101 South Saginaw Street Flint, MI 48502 RTAB Member David McGhee Flint City Hall 1101 South Saginaw Street Flint, MI 48502 [email protected] RTAB Member Robert McMahan Flint City Hall 1101 South Saginaw Street Flint, MI 48502 [email protected] RTAB Member Beverly Walker-Griffea Flint City Hall 1101 South Saginaw Street Flint, MI 48502 [email protected] City Administrator Natasha Henderson Flint City Hall 1101 South Saginaw Street Flint, MI 48502 Re: Notice of Intent to Sue Under the Safe Drinking Water Act, 42 U.S.C. § 300j-8(b)(1)(a), for Failure to Control Lead in Drinking Water in Flint, Michigan, and Failure to Assist Michigan Schools with Lead Testing and Remediation We write on behalf of Concerned Pastors for Social Action, Melissa Mays, the American Civil Liberties Union of Michigan (ACLU of Michigan), and the Natural xxxEND_PAGE:deq19_b13_1016_1232_202 November 16, 2015 Page 2 of 16 Resources Defense Council (NRDC), nonprofit citizens’ organizations and individuals working to secure safe drinking water for the residents of Flint, Michigan. Since April 2014, the City of Flint and Michigan state officials have failed to monitor and control for lead in Flint’s drinking water, and to maintain a program to assist Michigan schools with lead testing and remediation, in violation of the Safe Drinking Water Act, 42 U.S.C. § 300f et seq. This letter provides notice pursuant to 42 U.S.C. § 300j-8(b)(1)(a) that we intend to sue the City of Flint; Rick Snyder, Governor of Michigan; Dan Wyant, Director of Michigan Department of Environmental Quality; Nick A. Khouri, Treasurer of Michigan; Frederick Headen, Chairperson of the Flint Receivership Transition Advisory Board (Board); Brian Larkin, David McGhee, Robert McMahan, and Beverly Walker-Griffea, Members, RTAB; and Natasha Henderson, Flint City Administrator, if these violations are not remedied within sixty days.' Concerned Pastors for Social Action is an association of religious leaders from more than thirty churches and ministries in the Flint area that has advocated for the rights of the underserved for nearly fifty years. Melissa Mays is a Flint resident whose family has suffered from serious health problems as a result of the City’s failure to provide safe drinking water. The ACLU of Michigan works in courts, legislatures, and communities to preserve the protections that our laws guarantee to all citizens. NRDC is a national membership organization committed to protecting public health and the environment and to reducing the exposure of all communities to toxic chemicals. These groups and individuals continue to be harmed by the violations of the Safe Drinking Water Act by the City and Michigan state officials, detailed below. I. City and State officials have exposed and continue to expose Flint residents to dangerous amounts of lead in drinking water A. The City, Emergency Manager, and State Treasurer chose the Flint River as a primary drinking-water source In the fall of 2011, Michigan Governor Rick Snyder declared a financial emergency in the City of Flint and appointed an emergency manager to take control of the City’s operations and finances.’ Flint Mayor Dayne Walling and the City Council were stripped of all authority except as specifically allowed by the Emergency Manager, and the City was placed in state receivership.’ Under Michigan’s Local Financial Stability and Choice Act, an ' These individuals are noticed in their official capacities. > See Mich. Comp. Laws § 141.1549; Letter from Gov. Rick Snyder to Mayor Dayne Walling and Flint City Council (Nov. 8, 2011), 417435 7.pdf (attached as Ex. 1); Dawson Bell, Governor names Flint native as city’s emergency financial manager, Detroit Free Press, Nov. 30, 2011, http://www. freep. financial-manager (attached as Ex. 2). > Mich. Comp. Laws § 141.1549(2). xxxEND_PAGE:deq19_b13_1016_1232_203 November 16, 2015 Page 3 of 16 Emergency Manager has “broad. powers” to “rectify the financial emergency and to assure fiscal accountability of the local government.”* While under control of the Emergency Manager, the City faced decisions about the future of its drinking-water supply. For fifty years, the City had purchased. drinking water