Conference Offers Light — and Some Heat — on Gamut of Crucial Water Issues

To the general public, water is “an issue that’s obscure under normal circumstances,” Charles Franklin, director of the Marquette Law School Poll and professor of law and public policy, said at the end of the major conference on water issues this week (Sept. 7, 2016) at the Law School.

Franklin was commenting on the relatively mixed level of concern about water issues found in responses to several questions in the Law School Poll’s results from late August. For many people, you turn on the faucet, drinkable water comes out, and you’re likely to pretty much take this for granted.

But then, Franklin said, there are disasters that demand great attention and drive perceptions.

The Law School’s conference, “Public Policy and American Drinking Water,” drew a capacity audience to the Appellate Courtroom of Eckstein Hall. Both among the speakers and members of the audience, the room was filled with experts and leading activists on water issues – as well as interested members of the public, Marquette undergraduate and graduate students, and a dozen high school students.

And as Franklin suggested, the conference offered some controversial content of great public interest – namely, discussion of issues around lead in drinking water in Flint, Mich., Milwaukee, and elsewhere – and quite a bit of lower-key discussion around important water issues that don’t attract so much attention (the state of groundwater supplies, pricing and valuation of water, and the role of private ventures in water delivery systems).

Continue ReadingConference Offers Light — and Some Heat — on Gamut of Crucial Water Issues

Public Policy and American Drinking Water

On September 7, 2016, amid great concern about the future of water quality and quantity, Marquette Law School will host a conference titled “Public Policy and American Drinking Water.”  The conference will take an interdisciplinary approach to exploring the legal, scientific, engineering, and Banner logo - Earth in a dropenvironmental water issues that fill today’s news and touch all of our lives.  Leading figures from a variety of disciplines will discuss topics such as lead and aging infrastructure, privatization of water systems, public perceptions of water quality issues, the (under)valuation of water, and quantity and quality concerns related to groundwater.

Attendance is complimentary and open to the public, but pre-registration – available at this link – is required.

Participants include:

Continue ReadingPublic Policy and American Drinking Water

Waukesha Diversion Approved; Focus Shifts to Potential Legal Challenges

This week the City of Waukesha celebrates the success of an impressive technical effort 13 years in the making.  After inserting some final conditions, the Great Lakes Compact Council unanimously approved Waukesha’s application to divert water from Lake Michigan for its public supply.  The application has generated significant regional and national interest because of its status as a “test case” for the Great Lakes Compact.  The Compact generally bans diversions of Great Lakes water outside the Great Lakes basin, but offers limited exceptions for communities that straddle the basin Waukesha diversionline, or that lie within counties that straddle the basin line, provided a community’s application meets certain stringent technical conditions.  Waukesha is the first community wholly outside the Great Lakes basin to apply for a diversion (though not the first community to receive a diversion; New Berlin, which straddles the basin line, successfully achieved that distinction in 2009).  As I have written previously in this space, the Waukesha case has been a striking demonstration that the process set up under the Compact works, no matter what one’s position on the outcome.

Yet from a legal perspective, that process may not be complete.  The technical review and approval challenge remains subject to legal challenges.  One vehicle for such a challenge is the Compact itself.  It contains a “dispute resolution and enforcement” provision that offers redress to “any person aggrieved” by an action of the Compact Council or of a party to the Compact.  The provision offers a glimpse of a legal process that may be just as complex as the technical approval process just completed.

Continue ReadingWaukesha Diversion Approved; Focus Shifts to Potential Legal Challenges