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Kalamazoo County board authorizes joining class-action over terminated EPA grants
Summary
The Kalamazoo County Board of Commissioners voted to join a proposed class-action lawsuit after a closed-session discussion about the termination of EPA grants, and authorized counsel to review proposed retainer agreements with three law groups.
The Kalamazoo County Board of Commissioners voted May 20 to join a proposed class-action lawsuit challenging the termination of federal Environmental Protection Agency (EPA) grants and authorized corporate counsel to review proposed retainer agreements with outside counsel.
The action follows a closed-session consultation under Section 8(e) of Michigan’s Open Meetings Act to discuss strategy with counsel regarding the EPA grants. Commissioner Sharon Wheeler moved the closed-session meeting; the motion was supported by Vice Chair Pro Tem Hepler and approved in a recorded roll call.
County commissioners returned to open session later in the meeting and approved a separate motion, made by Commissioner Wheeler and supported by Vice Chair Taylor, to "authorize the county to join the proposed class action lawsuit regarding the termination of the EPA grants, potentially as a named plaintiff" and to have corporate counsel review proposed retainer agreements with Lawyers for Good Governance, Earthjustice and the Southern Environmental Law Center. The motion also authorized the chair to execute any related agreements.
Board Chair Strymbs and several commissioners framed the vote as a defense of the county’s ability to use congressional appropriations for local climate-resiliency projects. "This EPA grant would allow us to prepare to build community neighborhood associations, to help heat and cool people when power is down," the chair said earlier while describing the intended use of the funds.
The vote in open session was taken by voice and the motion carried. The board did not provide an itemized roll call for the open-session motion; a prior roll call on the closed-session motion recorded eight affirmative votes.
No dollar settlement or legal strategy details were disclosed in open session. The motion directs corporate counsel to review the proposed retainer agreements and return to the board with any recommended next steps.
The county’s action comes after commissioners expressed concern about recent severe-weather events that, they said, demonstrated the need for locally administered resiliency investments the EPA award would have supported.
Provenance: Closed-session motion (topicintro): "I move that the Board of Commissioners meet in closed session under section 8 e of the Open Meetings Act to consult with our attorney regarding strategy concerning the termination of EPA grants." (s=2468.72-e=2480.875). Class-action authorization (topfinish): "I move that the Board of Commissioners authorize the county to join the proposed class action lawsuit regarding the termination of the EPA grants..." (s=12486.665-e=12512.715).
