Government Seeks Appeal Of Flint FTCA Discretionary Function Exception Ruling

( July 1, 2025, 10:04 AM EDT) -- DETROIT — The U.S. government has moved in Michigan federal court seeking certification of an interlocutory appeal of that court’s denial of the government’s motion to dismiss the Flint water crisis XE "Flint water crisis"  Federal Tort Claims Act (FTCA) lawsuit pursuant to the discretionary function exception (DFE). The government seeks to appeal the ruling, which held that the DFE is inapplicable to the “actions and inactions” of the U.S. Environmental Protection Agency in response to the Flint water crisis, contending that the decision involves controlling questions of law and that an immediate appeal “may materially advance the ultimate termination of the litigation.”...