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Here the Third Circuit vacated a District Court’s allocation determination. There is a lot of commentary on this case so I won’t restate the general observations. As an allocator what find interesting is the District Court’s willingness to craft its own allocation model adopting portions of the parties’ positions. The court then fell into errors

Criminal charges were filed against three government officials in the Flint Michigan water crisis.  The charges relate to the Michigan Department of Environmental Quality’s failure to treat corrosive drinking water which ate into pipes causing lead contamination.  The State had switched off the water supply to Flint from Lake Huron to the Flint River in