Lead Pipes in Water System:

Several hundred children in Benton Harbor, Michigan, suffered from elevated lead levels in their blood after drinking lead-contaminated water from the city’s public water system for three years. Plaintiffs, represented by their guardians, filed a lawsuit against various state and city officials, as well as two engineering firms, alleging that these parties failed to mitigate the lead-water crisis and misled the public about the dangers of the drinking water. The claims included substantive-due-process and state-created-danger claims under 42 U.S.C. § 1983, as well as state-law negligence claims.

The U.S. District Court for the Western District of Michigan dismissed the complaint in full. The court found that the plaintiffs did not plausibly allege a violation of their constitutional rights and declined to exercise supplemental jurisdiction over the state-law claims. Plaintiffs appealed the dismissal of their federal claims against the city and state officials and the state-law claims against one of the engineering firms.

The United States Court of Appeals for the Sixth Circuit reviewed the case. The court affirmed the dismissal of the claims against the state officials, finding that the plaintiffs did not plausibly allege that these officials acted with deliberate indifference. However, the court reversed the dismissal of the claims against the city officials and the City of Benton Harbor, finding that the plaintiffs plausibly alleged that these officials misled the public about the safety of the water, thereby causing the plaintiffs to drink contaminated water. The court also reversed the district court’s declination of supplemental jurisdiction over the state-law claims against the engineering firm and remanded the case for further proceedings. The court affirmed the district court’s denial of leave to amend the complaint.

Economic Decline and Racial Tensions

• Loss of manufacturing jobs: The city’s industrial landscape, which initially attracted a large Black population during the Great Migration, suffered significant job losses. Factories closed, including Modern Plastics, which had been a major employer for decades.
• White flight and diminishing tax base: Beginning in the 1960s, a rapid demographic shift occurred as the white population decreased by over 50% while the Black population doubled in a decade. This exodus, often termed “White Flight”, severely impacted Benton Harbor’s tax base and financial resources. The city’s hospital, newspaper, YMCA, and various manufacturing plants relocated to the neighboring and predominantly white city of St. Joseph.
• Urban renewal programs and their impact: Certain urban renewal programs, allegedly aimed at revitalization, instead cleared Black neighborhoods and exacerbated existing inequalities.
• Segregation and racial tension: A history of racial discrimination and segregation, particularly in housing and schools, created an environment of distrust and limited opportunities for Black residents.
• Increased crime rates: Rising crime rates in Benton Harbor during this period further fueled the cycle of decline and disinvestment.
• Ineffective leadership and mismanagement: Benton Harbor has faced criticism for alleged poor management and ineffective responses to its challenges. The city was even under state emergency management from 2010 to 2016, with some arguing that top-down interventions worsened inequality by diverting resources away from the Black community.

Revival efforts

• Emphasis on High-end Development: There’s been a focus on attracting high-end development and tourism, including a luxury golf course, with the goal of creating white-collar jobs. However, critics argue these efforts haven’t adequately addressed the needs of the Black community and may even be extractive.
• Enterprise and Renaissance Zones: Benton Harbor has been designated as an Enterprise Zone and Renaissance Zone, offering tax abatements to attract businesses and promote economic development.
• Workforce Development: The city has been proactive in creating a Workforce Development Consortium in collaboration with businesses, schools, and the state government to address unemployment and underemployment among its residents.
• Community-Led Initiatives: Recent initiatives led by community groups, like the Twin Cities Harbor Revitalization project in partnership with Southwest Michigan Planning Commission and Andrews University, focus on improving the harbor area, creating a more dynamic economic environment, and addressing challenges holistically.
• State and Federal Funding and Policies: Following the water crisis, there have been calls for increased state and federal funding for infrastructure repairs and economic development, alongside more equitable regional planning policies to avoid further entrenching racial inequities.

The role of race

• Segregation and Discrimination: Black residents have faced historical and ongoing discrimination in housing, employment, and other areas. For example, studies reveal significant disparities in homeownership rates and lifespan between Benton Harbor’s predominantly Black population and the neighboring, largely white population of St. Joseph.
• Racial Tensions and Violence: The city has a history of racial tension and violence, including riots in 1966 and 2003, triggered by incidents involving police and racial inequality.
• Environmental Injustice: The recent lead water crisis exposed the impact of historical disinvestment and neglect in communities of color, highlighting how environmental burdens disproportionately affect marginalized populations.
• Disparity in Investment: Critics argue that economic development strategies have often favored the interests of a “white urban regime,” leading to an “extraction machine” that reproduces local poverty and wealth inequality, according to research published on ResearchGate. 

Ongoing dialogue and community engagement

• Despite the varying perspectives, there’s a strong desire for continued community engagement in the revitalization process.
• Community-led organizations like the 
  
  Benton Harbor Community Development Corporation (BHCDC)

   are actively working to involve residents in shaping the future of their neighborhoods, ensuring that development is resident-driven and addresses the community’s needs.

• The city’s Justice40 Initiative is also focused on empowering residents with knowledge about environmental and climate change issues and identifying projects that align with Benton Harbor’s vision of sustainability and equity.
• These efforts highlight the ongoing struggle to balance economic development with social justice and to ensure that revitalization benefits all residents equitably.