The tenth amendment provides that the federal government has only the enumerated powers and everything else is for the States or the people. It doesn't limit the States to enumerated powers.
I looked a bit in the early morning to see what arguments were effective in the Flint case which has similiar municipal activities... The case history there was too complex for me. Many suits in federal and state court, lots of federal suits dismissed for various reasons (mostly lack of standing if I understood the summary) and then a settlement in federal court that resolved all (most?) of the suits. I didn't really see a discussion of the legal theory from which liability arose, just what the remedy was and if it the settlement was reasonable for minors and unrepresented parties.
Finding an argument that pleases the court and/or appealing to a higher court in the hopes that your argument pleases them is pendantry and american civics.
I looked a bit in the early morning to see what arguments were effective in the Flint case which has similiar municipal activities... The case history there was too complex for me. Many suits in federal and state court, lots of federal suits dismissed for various reasons (mostly lack of standing if I understood the summary) and then a settlement in federal court that resolved all (most?) of the suits. I didn't really see a discussion of the legal theory from which liability arose, just what the remedy was and if it the settlement was reasonable for minors and unrepresented parties.
Finding an argument that pleases the court and/or appealing to a higher court in the hopes that your argument pleases them is pendantry and american civics.