Water

CSG Midwest
After 18 months of negotiations, the state of Michigan agreed in August to pay $600 million to individuals and businesses affected by the water crisis in the town of Flint, with close to two-thirds of the money going to children age 6 and under at the time of their first exposure. The crisis in Michigan's seventh-largest city began in 2014, when the town's supply of water was switched to the Flint River, leading to toxic levels of lead in drinking water. The consequences included an uptick in deaths from Legionnaires' disease and lead poisoning among children.
CSG Midwest
The funding of a project to stop the introduction and spread of Asian carp and other aquatic invasive species continues to enjoy bipartisan support in the U.S. Congress, but Great Lakes advocates also see many obstacles in the way of construction and completion.
For the Great Lakes ecosystem and the region's economy, “the stakes are really high,” says Anna-Lisa Castle, water policy manager for the Alliance for the Great Lakes says.
“You think about all of the boating, angling, and tourism and recreation in the Great Lakes, the $7 billion fishing economy,” she says. “And the other thing about [Asian] carp is that they won’t stop there. You could see carp make their way to the waterways that connect to the Great Lakes.”
The next big step in control efforts is the placement of new barriers at Brandon Road Lock and Dam, which is part of the Chicago Area Waterway System, a mix of natural and engineered waterways that connect the Mississippi River and Lake Michigan. This system is the most likely pathway for Asian carp to reach the lake.
In July, the U.S. House passed the Water Resources Development Act (HR 7575), which authorizes the U.S. Army Corps of Engineers’ Brandon Road Lock and Dam project at a cost of $863 million. The U.S. Senate also has passed a measure with authorization language in it.

In County of Maui, Hawaii v. Hawaii Wildlife Fund the Supreme Court held 6-3 that when there is a “functional equivalent of a direct discharge” from a point source to navigable waters an appropriate permit is required under the Clean Water Act.

The Clean Water Act forbids the “addition” of any pollutant “from a point source” to “navigable waters” without a National Pollutant Discharge Elimination System (NPDES) permit. In this case the County...

The Flint water crisis was one of the more notable events of the last decade. Unsurprisingly, it led to litigation. So far, the Sixth Circuit has refused to dismiss the case against a number of the state and local government officials who were sued. This week the Supreme Court refused to hear their case challenging the Sixth Circuit...

CSG Midwest
With tens of millions in new state dollars to incentivize farmers, along with a list of best practices known to reduce phosphorus runoff, Ohio will spend the next two years implementing its most comprehensive effort to date to prevent harmful algal blooms in Lake Erie.
And it’s likely just the beginning of the commitment needed to tackle the problem.

In County of Maui, Hawaii v. Hawaii Wildlife Fund the Supreme Court will decide whether groundwater is subject to National Pollutant Discharge Elimination System (NPDES) permitting requirements under the Clean Water Act (CWA). The State and Local Legal Center (SLLC) filed an ...

CSG Midwest
A U.S. Army Corps of Engineers plan to keep Asian carp from reaching the Great Lakes has an important new supporter — J.B. Pritzker, the recently elected governor of Illinois. In an April letter to the Corps, Pritzker said the state was “willing to move forward to preconstruction, engineering and design” on the Brandon Road Lock and Dam Project. But he also expressed concern about the estimated price tag: $778 million.
CSG Midwest
By July of next year, a practice in Ohio’s commercial harbors will no longer be allowed — the dumping of dredged materials into the open waters of Lake Erie. This ban is the result of a bill passed by the legislature in 2015 (SB 1), and is part of the state’s broader efforts to keep excess nutrients from entering the shallowest of the Great Lakes, causing harmful algal blooms and degrading water quality.
The legislative action from four years ago, along with subsequent funding commitments, has led to an unprecedented effort in the state to find beneficial uses of these materials — the rock, sand, gravel, mud and clay removed from the bottom of shipping channels to keep them safe for navigation.

If a state or local government discharges a pollutant from a point source to a navigable water it must obtain a permit under the Clean Water Act (CWA). But what if that pollutant is conveyed in something—say groundwater—between the point source and the navigable water? Must the state or local government still obtain a permit? That is the question the Supreme Court will decide next term in County of Maui, Hawaii v. Hawaii Wildlife Fund.

CSG Midwest
Michigan Sen. Curt VanderWall calls it the “most scrutinized pipeline in the nation.” And whatever one thinks the state should do about the future of Line 5 ­­— which is located under the Straits of Mackinac and carries up to 540,000 barrels of oil and natural gas liquids every day — it’s hard to disagree with the observation. Built in 1953, the twin pipelines have been called a “sunken hazard” that put the “Great Lakes at risk of a catastrophic oil pipeline rupture.”
But VanderWall and others note that Michigan relies on the energy supplies being shipped via Line 5. He says, for example, that most of the propane used in the Upper Peninsula comes from the 645-mile pipeline, which starts in Wisconsin, goes under the Straits, and then winds through Michigan before reaching Ontario.
“To get the same supplies by truck, you’d need 2,400 trucks doing it every day, nonstop,” says VanderWall, a member of the Great Lakes-St. Lawrence Legislative Caucus Executive Committee. “The pipeline is the safest way to transport the oil. We need to make it safer.”
The state’s policy solution, at least for now, is this: Allow Line 5 to continue to operate for another few years, under enhanced inspections. Meanwhile, begin construction on a utility tunnel, located up to 100 feet beneath the lakebed, that would secure a new pipeline.

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