Flint, Michigan Water Crisis: Lessons Learned
Total Page:16
File Type:pdf, Size:1020Kb
FLINT, MICHIGAN WATER CRISIS: LESSONS LEARNED a major cause of failure of settlements in such umbrella legislation. Though the Water Bill disputes. In this regard, the Water Bill could brings in full accountability of the private have provided for an effective and binding sector to the elected local bodies, this mechanism for speedy settlement and strict accountability does not pass on from the consequences in the event of non-compliance local bodies to the state governments and with awards. Furthermore, while the Water thereafter to the Union Government. Bill instructs the state and local municipal bodies to enact legislation for inter-state Conclusion rivers and basins in order to amicably resolve disputes, it fails to set out the principles and The introduction of the Water Bill in guidelines that can be adopted by states and India, though a decade late, was not an municipalFLINT, MICHIGAN bodies WATER in relation CRISIS: to LESSONS water sharing LEARNED easy step. Success of the Bill hinges on the and better coordination. respective state governments adopting Another major drawback of the Water and implementing it. The task now for a major cause of failure of settlements in such Billumbrella is that legislation. it lacks a central Though administrative the Water Bill the authorities is to ensure compliance disputes. In this regard, the Water Bill could machinerybrings in full or accountability institutional structure of the private to and effective adoption of the policies and have provided for an effective and binding ensuresector to overall the elected compliance. local bodies, Therefore this an principles set out in the Water Bill and Water mechanism for speedy settlement and strict independentaccountability monitoring does not pass body on should from the Policy. India has an immense task ahead consequences in the event of non-compliance belocal established bodies to atthe Union state governmentslevel to monitor and FLINT,in managing MICHIGAN its WATER water CRISIS:resources. LESSONS Constant LEARNED with awards. Furthermore, while the Water implementationthereafter to the andUnion coordination Government. with the research and development in the area, Bill instructs the state and local municipal states. The modifications suggested for the coupled with strong implementation of the bodies to enact legislation for inter-state Water Bill by the current Government are on purchasedWater Bill (asfrom and the when Detroit enacted), Water will& be In January 2016, both Governor Snyder and Conclusion rivers and basins in order to amicably resolve similar lines, wherein the role of the Central Seweragekey to meeting Department India’s (DWSD)long-term in goals favour of of President Barack Obama declared a state of disputes, it fails to set out the principles and WaterThe introduction Commission of will the be Water strengthened. Bill in aachieving more cost-effective sustainability option. in the Flint water decided sector. emergency for Genesee County (of which guidelines that can be adopted by states and TheIndia, Commission though a decade is entrusted late, was with not general an to build a pipeline to the Karegnondi Water Flint is the principal city) related to high municipal bodies in relation to water sharing responsibilitieseasy step. Success for of initiating, the Bill hinges coordinating on the Authority with an anticipated cost saving of levels of lead in the drinking water. and better coordination. andrespective furthering state ingovernments consultation adopting with the $200Notes million over 25 years, and the City’s Another major drawback of the Water stateand implementing governments concernedit. The task schemes now for for emergency1 Entry 17 of themanager State List so (List informed II). The Seventh the state Schedule in the Constitution of India provides for Union, State and Lessons learned: What went wrong? Bill is that it lacks a central administrative control,the authorities conservation is to ensure and utilisation compliance of water treasurerConcurrent on Lists. 16 AprilThe State 2013. List enumeratesThe DWSD the various machinery or institutional structure to resourcesand effective throughout adoption the of thecountry. policies Further, and adviseditems on Flint which that the respectiveit planned state to governments terminate have What can we learn from the Flint water ensure overall compliance. Therefore an incorporationprinciples set out of prohibitive in the Water penalties Bill and to Water thepowers water to supply legislate. agreement, effective April crisis? What does it say about the status of 2 2004 (12) SCC 118. independent monitoring body should discouragePolicy. India reckless has an useimmense will give task teeth ahead to this 2014. The proposed pipeline could not be environmental protection in the US and be established at Union level to monitor in managing its water resources. Constant built in the one-year timeframe before DWSD those legally obligated to safeguard our implementation and coordination with the research and development in the area, planned to cease providing water, so Flint public water supplies? What really happened states. The modifications suggested for the coupled with strong implementation of the needed an interim alternative water supply. in Flint and can it happen elsewhere in the FLINT, MICHIGAN WATER CRISIS: LESSONS LEARNED Water Bill by the current Government are on Water Bill (as and when enacted), will be The City decided to return to a water source US? Were Flint’s water problems exacerbated 1 similar lines, wherein the roleE Lynn of the Grayson Central key to meeting India’s long-term goals of previously used by the community in the by the economically depressed racial justice Water Commission will be strengthened.Jenner & Block, aachieving major cause sustainability of failure inof thesettlements water sector. in such 1960sumbrella – the legislation. Flint River. Though Water distributionthe Water Bill community where these residents lived and The Commission is entrustedChicago with general disputes.Flint, In this regard,Michigan the Water Bill could waterstartedbrings infrom full theaccountability rivercrisis: on 25 ofApril the 2014. private The worked? We know enough to consider some responsibilities for initiating,[email protected] coordinating have provided for an effective and binding MDEQsector to verified the elected at the local time bodies, that the this Flint River of the lessons learned to date. Notes and furthering in consultation with the mechanismlessons for speedy settlementlearned and strict metaccountability drinking water does standardsnot pass on and from informed the state governments concerned schemes for 1 Entry 17 of the State List (List II). The Seventh Schedule residents it was safe. consequencesin the Constitution in theof India event provides of non-compliance for Union, State and local bodies to the state governments and Water regulatory oversight failures control, conservation and utilisation of water withConcurrent awards. Lists. Furthermore, The State List enumerateswhile the the Water various thereafterFlint citizens to the started Union to Government. complain almost resources throughout the country. Further, Billitems instructs on which the the staterespective and state local governments municipal have immediately about the smell and colour of A five-member Flint Water Advisory Task powers to legislate. incorporation of prohibitive penalties to bodiest seems to enact unimaginable legislation in for one inter-state of the thesome Flint would River say water, neglectful, which eyewas of 70 the per US cent Force created by Governor Snyder released 2 2004 (12) SCC 118. Conclusion discourage reckless use will give teeth to this riverswealthiest and basins countries in order in to the amicably world that resolve any harderEnvironmental than the Protection prior water Agency supply. (EPA), In August a preliminary report on 29 December 2015, disputes,citizen it wouldfails to be set deprived out the principlesof access to and safe, 2014,theThe Michigan introduction E. coli and Department total of the coliform Water of Environmental Billbacteria in were finding that MDEQ bore ultimate blame for Iguidelinesclean potable that can water. be adopted This is inby factstates what and detectedQualityIndia, though (MDEQ), in the a newdecade the water City late, supply,of wasFlint, not prompting and an a the crisis. The task force found that MDEQ municipalhappened bodiesto the residents in relation of toFlint, water Michigan, sharing boilmyriadeasy waterstep. other Successadvisories. governmental of the In JanuaryBill authoritieshinges 2015, on Flintthe failed to follow the federal Lead and Copper who were exposed to inappropriately treated waterthat knew failed about, to meet discussed Safe Drinking the facts Water Act rule requiring optimised corrosion control E Lynn Grayson1 and better coordination. respective state governments adopting riverAnother water contaminatedmajor drawback with of thehigh Water levels of (SDWA)surrounding,and implementing standards and permitted forit. The total task trihalomethanes the now residents for treatment (CCT) and advised Flint that CCT Jenner & Block, Billlead. is While that it federal lacks a andcentral state administrative resources pour (THMM).ofthe Flint authorities to continueAn organic is to ensureto chlorinatedpay forcompliance and chemicalconsume would not be necessary for a year. The task Chicago Flint, Michigan watermachineryinto Flint to or restore institutional crisis: water