CSG Midwest
Late in 2017, Michigan lawmakers ended their legislative year seeking a fix to another problem with drinking water in the state. It wasn’t lead contamination this time, but rather the discovery of 28 sites in the state with known levels of PFAS, or per- and polyfluoroalkyl substances. The Legislature allocated $23.2 million for various response and mitigation measures.
In early 2018, the Minnesota attorney general finalized an $850 million settlement with 3M over groundwater contamination in the east metropolitan area of the Twin Cities. The cause: The company’s disposal, over decades, of PFAS chemicals used for products such as Scotchgard, stain removers and fire retardants.Though these chemicals were used for decades, and many of them have been phased out of production, they are considered an “emerging contaminant” — because environmental and health officials have only recently begun to test for the presence of PFAS chemicals in drinking water, detect them, and understand their potential impact on human health.
The new funding in Michigan will be used to purchase new lab equipment, expand testing of drinking water, and purchase filtration systems for affected residents. A longer-term fix is likely to be more problematic and costly, whether it’s pumping out all the groundwater and removing the chemicals or hooking up the owners of private wells (this has been the group most affected in Michigan) to a municipal system.
CSG Midwest
Michigan has 3,000 miles of coastline and more Great Lakes water within its jurisdiction than any other state or province in the basin. But one of the big ecological threats to this freshwater system is well outside the state’s borders — in Illinois and Indiana, where invasive species of Asian carp would be most likely to enter the Great Lakes basin, via the Chicago Area Waterway System.

On Monday, the Supreme Court handed down an unanimous opinion allowing the federal government to pursue claims in ongoing litigation between Texas and New Mexico regarding the Rio Grande Compact.

In 1938, Colorado, New Mexico, and Texas entered an interstate compact to provide for the equitable apportionment of water flowing in the Rio Grande River. Congress granted its...

Climate Adaptation

States and communities across the country are faced with serious challenges of an aging and inadequate water infrastructure. The number of water main breaks across the country is staggering: at 240,000 per year, and wasting over two trillion gallons of treated drinking water. The direct cost of these leaks is estimated to be approximately $2.6 billion per...

In National Association of Manufacturers v. Department of Defense the Supreme Court held unanimously that a legal challenge to the definition of “waters of the United States” (WOTUS) must begin in a federal district court not a federal court of appeals. What this ruling means for the 2015 WOTUS definitional rule is unclear.  

As Justice Sotomayor stated at the beginning of the Court’s opinion, defining “[WOTUS]—a central component of the Clean Water Act—is a contentious and difficult task.” In 2015 the Obama administration issued a new WOTUS definitional rule which it intended to provide  “simpler, clearer, and more consistent approaches for identifying” the scope of the Act.

Issue: In 2017, the American Society of Civil Engineers gave the nation’s infrastructure an overall grade of D+ in their every-four-years Infrastructure Report Card. Key infrastructure categories, including aviation, dams, drinking water, inland waterways, levees, roads and transit, all received individual grades of D or lower. ASCE said the nation’s infrastructure can be improved and restored but only with “strategic, sustained investment, bold leadership, thoughtful planning, and careful preparation for the needs of the future.” The devastating hurricanes of 2017 brought into stark relief the importance of planning and preparation to ensuring a more resilient infrastructure for the future.

CSG Midwest
Concerns about twin, 64-year-old pipelines located under the Straits of Mackinac (which connect lakes Michigan and Huron) led to a new agreement in late November between the state of Michigan and Enbridge. In announcing the deal, Gov. Rick Snyder said “business as usual by Enbridge is not acceptable.” According to the Detroit Free Press, the state has been frustrated about a “lack of forthrightness” regarding the safety of these pipelines, which are known as “Line 5” and carry up to 540,000 barrels of light crude oil and natural gas liquids every day.

Water consumption, quality, and water supply have become hot button issues in the past few years with hundreds of cities and towns at risk of significant shortages either because available water is not safe to drink or because there simply isn’t enough of it. Recent events, such as drought in California and the Flint water crisis, have focused attention on competing demands for this limited resource.

According to a report from the U.S. Government...

On November 30, 2017, Representative Brian Mast (R-FL) introduced H.R. 4492, the “Water Infrastructure Finance and Innovation Reauthorization Act of 2017.” The bill reauthorizes and doubles the funding levels for the Water Infrastructure Finance and Innovation Act (WIFIA) program, a credit assistance program designed to accelerate investment in our nation’s water infrastructure....

CSG Midwest
In May and late June, heavy rains fell on the Maumee River, which begins in Fort Wayne in Indiana, runs through agricultural areas in northeast Ohio, and eventually flows into Lake Erie in Toledo. The river, scientists say, has high concentrations of phosphorus, and with all of the spring and summer precipitation, those nutrients discharged into the smallest of the five Great Lakes.
The end result: One of the worst observable algal blooms in Lake Erie. According to the National Oceanic and Atmospheric Administration, only the years 2011, 2013 and 2015 had more severe blooms. The federal agency’s findings were the latest reminder of the “poor” and “deteriorating” health of Lake Erie (see table), and of the importance of states and the province of Ontario reaching their agreed-upon goal: reduce nutrient runoff into the lake by 40 percent by 2025. 

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