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 happenedmunicipal 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, lead.Bill 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 waterintomachinery Flint to or restore institutional crisis: water quality, structure improve to compoundcontaminatedand effective that adoption water. is formed of theas a policies by-product and of force concluded that ‘the decision not to [email protected] waterensure distribution overall compliance. problems, Therefore and assess an the theprinciples addition set of out chlorine in the Waterto water Bill that and contains Water require CCT, made at the direction of MDEQ, health impacts of lead exposure on residents, organic matter such as algae, riverweeds or led directly to the contamination of the Flint lessons learned independent monitoring body should FlintPolicy. water India crisishas an facts immense task ahead investigationsbe established are at Union ongoing level to tofigure monitor out decayingin managing leaves. its waterIn February resources. 2015, Constant sampling water system’. whatimplementation happened here. and coordination How was this withsituation the fromDuringresearch a Flint 2012-2013, and home development revealedFlint was in highevaluating the levels area, of A final report issued on 21 March 2016 allowedstates. The to unfoldmodifications under the suggested watchful, for yet the leadacoupled transition at 104 with partsfrom strong perthe implementation billionLake Huron (ppb) water– the of the found that MDEQ bears primary responsibility t seems unimaginable in one of the Watersome would Bill by say the neglectful, current Government eye of the US are on standardWater Bill established (as and when by the enacted), EPA is 15will ppb. be but also blamed the Michigan Department wealthiest countries in the world that any similarEnvironmental lines, wherein Protection the role Agency of the (EPA), Central Ankey investigationto meetingWATER LAWIndia’s conducted NEWSLETTER long-term by a science goalsAUGUST of team 2016 of15 Health and Human Services (MDHHS), citizen would be deprived of access to safe, Waterthe Michigan Commission Department will be strengthened.of Environmental fromachieving Virginia sustainability Tech confirmed in the water lead sector.in the the Governor’s Office and state-appointed Iclean potable water. This is in fact what TheQuality Commission (MDEQ), isthe entrusted City of Flint, with generaland a water at 13,200 ppb. emergency managers, finding them happened to the residents of Flint, Michigan, responsibilitiesmyriad other governmental for initiating, authorities coordinating On 24 April 2015, MDEQ advised EPA that ‘fundamentally accountable’ for the water crisis. who were exposed to inappropriately treated andthat furtheringknew about, in discussed consultation the withfacts the noNotes corrosion control treatment was in place at While the task force focused on state river water contaminated with high levels of statesurrounding, governments and permittedconcerned the schemes residents for the1 Entry Flint 17 Water of the State Treatment List (List II). Plant. The Seventh Schedule entities, EPA bears at least some responsibility lead. While federal and state resources pour of Flint to continue to pay for and consume Onin the 13 Constitution July 2015, of IndiaMDEQ provides advised for Union, there State was and for the agency’s failure to act, particularly control, conservation and utilisation of water Concurrent Lists. The State List enumerates the various when confronted with critical data from one into Flint to restore water quality, improve resourcescontaminated throughout water. the country. Further, no itemsreason on which for concernthe respective following state governments the leak have of water distribution problems, and assess the incorporation of prohibitive penalties to an powersEPA memo to legislate. expressing concern over lead of its own water experts concerning high health impacts of lead exposure on residents, levels2 2004 in (12) the SCC Flint 118. River water supply. On 25 lead levels in Flint’s water. An agency water discourageFlint water reckless crisis facts use will give teeth to this investigations are ongoing to figure out FLINT, MICHIGAN WATER CRISIS: LESSONS LEARNED September 2015, Flint issued a water advisory official identified problems in February what happened here. How was this situation During 2012-2013, Flint was evaluating concluding no level of lead is safe. On 2 2015, continuing to update EPA leadership allowed to unfold under the watchful, yet a transition from the Lake Huron water October, Michigan Governor Rick Snyder including an internal memo dated June 2015. purchased from the Detroit Water & issuedIn January an action 2016, plan both including Governor free Snyder water and EPA finally issued a SDWA emergency order E Lynn Grayson1 SewerageWATER Department LAW NEWSLETTER (DWSD) inAUGUST favour of2016 filtersPresident15 and Barack water testingObama for declared Flint residents. a state of On in January 2016. Jenner & Block, a more cost-effective option. Flint decided 16emergency October, forFlint Genesee returned County to the (of Lake which Huron Chicago Flint,to build a pipeline Michigan to the Karegnondi Water waterwaterFlint issupply. the principal crisis: city) related to high Ageing infrastructure [email protected] AuthorityFLINT, MICHIGAN with anWATER anticipated CRISIS: LESSONS cost saving LEARNED of levelsOn 14of leadDecember, in the drinkingnewly elected water. Flint Mayor lessons$200 million over 25 years, learned and the City’s Karen Weaver declared a state of emergency Ageing drinking water infrastructure played emergency manager so informed the state over the high lead levels in the water supply. a critical role in the Flint lead-contaminated Lessons learned: What went wrong? treasurerpurchased on from 16 April the Detroit 2013. The Water DWSD & In January 2016, both Governor Snyder and advisedSewerage Flint Department that it planned (DWSD) to terminate in favour of16 INTERNATIONALWhatPresident can weBarack learn BAR Obama ASSOCIATION from the declared Flint LEGAL water a state PRACTICE of DIVISION thea more twater seems cost-effective supply unimaginable agreement, option. in oneeffectiveFlint of decided the April somecrisis?emergency would What for doessay Genesee neglectful, it say about County eye the of (of statusthe which US of 2014.to buildwealthiest The a pipelineproposed countries to pipeline the in Karegnondi the could world not that Water be any EnvironmentalenvironmentalFlint is the principal protectionProtection city) relatedinAgency the US to (EPA), highand builtAuthoritycitizen in the withwould one-year an be anticipated deprivedtimeframe ofcost before access saving DWSDto ofsafe, thethoselevels Michigan legallyof lead obligated inDepartment the drinking to safeguard of Environmentalwater. our planned$200clean million topotable cease over providingwater. 25 years, This andwater, is in the factso City’s Flint what Qualitypublic water (MDEQ), supplies? the City What of reallyFlint, happenedand a Ineededemergency an interimmanager alternative so informed water the supply. state in Flint and can it happen elsewhere in the happened to the residents of Flint, Michigan, myriadLessons other learned: governmental What went authorities wrong? whoThetreasurer wereCity decidedonexposed 16 April to to return inappropriately2013. toThe a waterDWSD treatedsource thatUS? knewWere about,Flint’s waterdiscussed problems the facts exacerbated riverpreviouslyadvised water Flint usedcontaminated that by it the planned community with to high terminate in levels the of surrounding,byWhat the can economically we learnand permitted from depressed the Flintthe racial residents water justice lead.1960sthe water While – the supply federalFlint agreement,River. and Waterstate effectiveresources distribution April pour ofcommunitycrisis? Flint What to continue wheredoes it these sayto payabout residents for the and status livedconsume andof intostarted2014. Flint The from to proposed restore the river water pipeline on 25 quality, April could improve2014. not beThe contaminatedworked?environmental We know water. protection enough into theconsider US and some waterMDEQbuilt indistribution verifiedthe one-year at problems,the timeframe time that and beforethe assess Flint DWSDthe River ofthose the legallylessons obligated learned toto date.safeguard our healthmetplanned drinking impacts to cease water of providinglead standards exposure water, and on soinformed residents, Flint public water supplies? What really happened residentsneeded an it interimwas safe. alternative water supply. Flintin Flint water and crisiscan it factshappen elsewhere in the investigations are ongoing to figure out Water regulatory oversight failures whatTheFlint Cityhappened citizens decided startedhere. to return How to complain was to a this water situationalmost source DuringUS? Were 2012-2013, Flint’s water Flint problems was evaluating exacerbated allowedimmediatelypreviously to unfoldused about by under thethe communitysmell the watchful,and colour in the yet of aAby transitionfive-member the economically from Flint the depressedLakeWater Huron Advisory racial water justiceTask the1960s Flint – the River Flint water, River. which Water was distribution 70 per cent Forcecommunity created where by Governor these residents Snyder lived released and harderstarted thanfrom thethe priorriver onwater 25 supply.April 2014. In August The aworked? preliminaryWATER We know reportLAW enough NEWSLETTER on 29 toDecember consider AUGUST 2015,some 2016 15 2014,MDEQ E. verified coli and attotal the coliformReprintedtime that bacteria the with Flint permission were River ©findingof 2016 the lessons that learnedMDEQ bore to date. ultimate blame for detectedmet drinking in the water new standardswater supply, and promptinginformed the crisis. The task force found that MDEQ residents it was safe. boil water advisories. In January 2015, Flint failedWater to regulatory follow the oversightfederal Lead failures and Copper waterFlint failed citizens to meet started Safe to Drinkingcomplain Water almost Act rule requiring optimised corrosion control (SDWA)immediately standards about forthe totalsmell trihalomethanes and colour of treatmentA five-member (CCT) Flint and advisedWater Advisory Flint that Task CCT (THMM).the Flint River An organic water, which chlorinated was 70 chemicalper cent wouldForce creatednot be necessary by Governor for aSnyder year. The released task compoundharder than that the isprior formed water as supply. a by-product In August of forcea preliminary concluded report that on‘the 29 decision December not 2015,to the2014, addition E. coli andof chlorine total coliform to water bacteria that contains were requirefinding CCT,that madeMDEQ at bore the directionultimate blameof MDEQ, for organicdetected matter in the suchnew wateras algae, supply, riverweeds prompting or ledthe directlycrisis. The to thetask contamination force found that of MDEQthe Flint decayingboil water leaves. advisories. In February In January 2015, 2015, sampling Flint waterfailed system’.to follow the federal Lead and Copper fromwater afailed Flint tohome meet revealed Safe Drinking high levels Water of Act ruleA finalrequiring report optimised issued on corrosion21 March control2016 lead(SDWA) at 104 standards parts per for billion total trihalomethanes(ppb) – the foundtreatment that (CCT)MDEQ andbears advised primary Flint responsibility that CCT standard(THMM). established An organic by chlorinated the EPA is 15chemical ppb. butwould also not blamed be necessary the Michigan for a Departmentyear. The task Ancompound investigation that isconducted formed as by a by-producta science team of offorce Health concluded and Human that ‘theServices decision (MDHHS), not to fromthe addition Virginia of Tech chlorine confirmed to water lead that in contains the therequire Governor’s CCT, made Office at theand directionstate-appointed of MDEQ, waterorganic at matter13,200 suchppb. as algae, riverweeds or emergencyled directly managers, to the contamination finding them of the Flint decayingOn 24 Aprilleaves. 2015, In February MDEQ advised 2015, sampling EPA that ‘fundamentallywater system’. accountable’ for the water crisis. nofrom corrosion a Flint home control revealed treatment high was levels in placeof at WhileA final the report task issued force focusedon 21 March on state 2016 thelead Flint at 104 Water parts Treatment per billion Plant. (ppb) – the entities,found that EPA MDEQ bears bears at least primary some responsibilityresponsibility standardOn 13 Julyestablished 2015, MDEQ by the advised EPA is 15there ppb. was forbut thealso agency’s blamed thefailure Michigan to act, Department particularly noAn reasoninvestigation for concern conducted following by a sciencethe leak team of whenof Health confronted and Human with Services critical data(MDHHS), from one anfrom EPA Virginia memo Tech expressing confirmed concern lead over in the lead ofthe its Governor’s own water Office experts and concerning state-appointed high levelswater inat 13,200the Flint ppb. River water supply. On 25 leademergency levels inmanagers, Flint’s water. finding An themagency water SeptemberOn 24 April 2015, 2015, Flint MDEQ issued advised a water EPA advisory that official‘fundamentally identified accountable’ problems for in the February water crisis. concludingno corrosion no control level of treatment lead is safe. was On in place2 at 2015,While continuing the task forceto update focused EPA on leadership state October,the Flint WaterMichigan Treatment Governor Plant. Rick Snyder includingentities, EPA an bearsinternal at leastmemo some dated responsibility June 2015. issuedOn 13an July action 2015, plan MDEQ including advised free there water was EPAfor the finally agency’s issued failure a SDWA to act, emergency particularly order filtersno reason and for water concern testing following for Flint theresidents. leak of On inwhen January confronted 2016. with critical data from one 16an October,EPA memo Flint expressing returned concern to the Lake over Huron lead of its own water experts concerning high levels in the Flint River water supply. On 25 lead levels in Flint’s water. An agency water water supply. Ageing infrastructure SeptemberOn 14 December, 2015, Flint newly issued elected a water Flint advisory Mayor official identified problems in February Karenconcluding Weaver no declared level of lead a state is safe. of emergency On 2 Ageing2015, continuing drinking water to update infrastructure EPA leadership played overOctober, the high Michigan lead levels Governor in the Rick water Snyder supply. aincluding critical role an internalin the Flint memo lead-contaminated dated June 2015. issued an action plan including free water EPA finally issued a SDWA emergency order 16 INTERNATIONALfilters and water BAR testing ASSOCIATION for Flint LEGAL residents. PRACTICE On DIVISION in January 2016. 16 October, Flint returned to the Lake Huron water supply. Ageing infrastructure On 14 December, newly elected Flint Mayor Karen Weaver declared a state of emergency Ageing drinking water infrastructure played over the high lead levels in the water supply. a critical role in the Flint lead-contaminated

16 INTERNATIONAL BAR ASSOCIATION LEGAL PRACTICE DIVISION FLINT, MICHIGAN WATER CRISIS: LESSONS LEARNED FLINT, MICHIGAN WATER CRISIS: LESSONS LEARNED purchased from the Detroit Water & In January 2016, both Governor Snyder and water emergency. Flint failed to apply According to Virgil Bernero, the Mayor of Sewerage Department (DWSD) in favour of President Barack Obama declared a state of corrosion inhibitors when the water supply nearby Lansing, Michigan, the state gave Flint a more cost-effective option. Flint decided emergency for Genesee County (of which transitioned from Lake Huron to the Flint the cold shoulder when the water situation to build a pipeline to the Karegnondi Water Flint is the principal city) related to high River. As a result, corrosive Flint River water was developing and he commented in an Authority with an anticipated cost saving of levels of lead in the drinking water. caused lead from ageing pipes to leach into interview with the Huffington Post dated 2 $200 million over 25 years, and the City’s the water supply. In February 2016, Mayor February 2016: ‘The response was muted. The emergency manager so informed the state Weaver announced that the city would state response was sluggish and irresponsible. Lessons learned: What went wrong? treasurer on 16 April 2013. The DWSD remove and replace all water service lines That does have something to do with the advised Flint that it planned to terminate What can we learn from the Flint water containing lead piping at an estimated cost of people being voiceless. When those voices the water supply agreement, effective April crisis? What does it say about the status of $1.5 billion. Flint saved approximately $140 started saying, “This water is discoloured, it 2014. The proposed pipeline could not be environmental protection in the US and per day by not adding a corrosion inhibitor doesn’t smell right, I’ve got a rash, my kid built in the one-year timeframe before DWSD those legally obligated to safeguard our upon transitioning to river water. isn’t responding properly”, those voices were planned to cease providing water, so Flint public water supplies? What really happened Many understand that Flint may be a not heard. And that does have something to needed an interim alternativeFLINT,FLINT, MICHIGAN water MICHIGAN supply. WATER WATER CRISIS: inCRISIS: LESSONS Flint LESSONS and LEARNED can LEARNED it happen elsewhere in the FLINT,‘canary MICHIGAN in the WATER coal CRISIS: mine’ LESSONS signalling LEARNED more do with being poor and a minority, frankly.’ The City decided to return to a water source US? Were Flint’s water problems exacerbated problems throughout the US with ageing previously used by the community in the by the economically depressed racial justice infrastructure. In 2013, the US received a Current status: Water for Flint residents 1960s – the Flint River. Waterpurchasedpurchased distribution from fromthe Detroit thewater Detroitcommunity emergency.Water Water & where &Flint failedtheseIn residentsto January applyIn January lived2016, and2016, both AccordingbothGovernor ‘D’Governor in Snyder tothe Virgil drinkingSnyder and Bernero, and water the category Mayor of of the started from the river onSewerage 25 AprilSewerage Department2014. Department The corrosion (DWSD)worked? (DWSD) ininhibitors favour We in knowfavour of when enough of the President water toPresident consider supply Barack Baracksome Obama nearbyObama declaredAmerican Lansing, declared a state Society Michigan, a stateof of of Civil the state Engineers gave Flint Report Flint residents are using filtered or bottled MDEQ verified at the timea more thata more cost-effective the cost-effectiveFlint River option.transitioned option.of Flintthe lessons Flint decidedfrom decided Lakelearned Huron toemergency date. to emergencythe Flint for Genesee for Geneseethe County coldCard County shoulder (offor whichits (of infrastructure. whenwhich the water The situation report water for consumption as the recovery of the met drinking water standardsto buildto and build a pipeline informed a pipeline to theRiver. to Karegnondi the As Karegnondia result, Water corrosive Water FlintFlint River Flintis the wateris principal the principal city)was city)relateddevelopingfound related tothat high and tomost high he of commented the nation’s in drinkingan water distribution system continues. Flint residents it was safe. AuthorityAuthority with anwith anticipated ancaused anticipated leadcost from savingcost savingageing of of pipes levels to levelsleach of lead ofinto inlead the in drinking theinterview drinkingwater water. with infrastructure water. the Huffington is nearing Post dated the end 2 returned to using water from Lake Huron Water regulatory oversight failures Flint citizens started to$200 complain $200million million almost over 25over years,the 25 wateryears, and thesupply.and City’s the In City’s February 2016, Mayor Februaryof its 2016: useful ‘The life, response with replacement was muted. costs The delivered by the Great Lakes Water Authority emergencyemergency manager manager soWeaver informed soA informedfive-member announced the state the that stateFlint the Water city wouldAdvisory Task state estimatedresponse was at moresluggish than and $1 irresponsible. trillion. The in October 2015. Newly implemented immediately about the smell and colour of LessonsLessons learned: learned: What What went went wrong? wrong? the Flint River water, whichtreasurer wastreasurer 70 on per 16 on centApril 16 April 2013.remove 2013.Force The and DWSD Thecreated replace DWSD by all Governor water service Snyder lines released That Associateddoes have something Press analysis to do of with EPA the data found corrosion control strategies will allow a harder than the prior wateradvised supply.advised Flint In Flintthat August itthat plannedcontaining it planneda preliminaryto terminate leadto terminate piping report at anonWhat estimated29 DecemberWhat can we cancost learn 2015,weof learn from people fromthethat Flint beingthe nearly Flintwater voiceless. 1,400water waterWhen systems those voices serving 3.6 protective coating within water service lines 2014, E. coli and total coliformthe waterthe bacteria water supply supply wereagreement, agreement,$1.5 billion.finding effective effective Flint that April savedMDEQ April approximately borecrisis? ultimatecrisis? What $140 What blamedoes doesit for say started itabout saymillion about thesaying, status the Americans “This status of water of exceeded is discoloured, the federal it to build up over time to acceptable levels. detected in the new water2014. supply,2014. The prompting proposedThe proposed pipeline per pipelinedaythe couldby crisis. not could not Theadding be nottask abe forcecorrosion environmental foundenvironmental inhibitor that MDEQ protection protectiondoesn’t inlead the smell instandard US the right, and US andatI’ve least got oncea rash, between my kid 1 EPA is sampling to ensure the effectiveness boil water advisories. Inbuilt January builtin the 2015, in one-year the Flint one-year timeframeupon timeframefailed transitioning before to follow before DWSD to the DWSDriver federal water.those Leadthose legally and legally obligated Copper obligated isn’t to safeguard respondingJanuary to safeguard 2013our properly”, ourand 30 September those voices 2015. were The of the corrosion control measures being water failed to meet Safeplanned Drinkingplanned to Watercease to cease providingAct providingManyrule water, understand requiring water, so Flint so optimisedFlint that Flintpublic corrosion maypublic water be a watercontrol supplies? supplies? notWhat heard.affected What really Andreally happened systems that happened does are havelarge something and small, to public taken. In addition, Flint residents are strongly (SDWA) standards for totalneeded trihalomethanesneeded an interim an interim alternative ‘canary alternativetreatment inwater the water supply. coal(CCT) supply.mine’ and signallingadvisedin Flintin Flint Flintand more that canand itCCT can happen itdo happen with elsewhereand being privateelsewhere poor in andthe andin include the a minority, 278 systems frankly.’ that are encouraged by EPA to implement the ‘Flush (THMM). An organic chlorinatedThe CityThe decidedCity chemical decided to returnproblems to returnwould to a waterthroughoutto not a water besource necessary source the US US?for with aWereUS? year. ageing Were Flint’sThe Flint’stask water water problemsowned problems exacerbated and exacerbated operated by schools and daycare for Flint’ best practices to promote improved previouslypreviously used usedby the byinfrastructure. community theforce community concluded in theIn in 2013, the that the ‘theby US decisionthe receivedby economically the noteconomically a to depressed depressedcentres racial in racial justice41 states. justice flushing of the water service lines in order compound that is formed as a by-product of Current status: Water for Flint residents the addition of chlorine1960s to water1960s – the that – Flint the contains FlintRiver. ‘D’River. Water inrequire Waterthe distribution drinking CCT,distribution made water at categorythecommunity directioncommunity of the whereof MDEQ, where these these residents residents lived livedand and to remove loose lead particles and to assist organic matter such as algae,startedstarted riverweeds from fromthe river orthe riverAmericanon 25 ledon April 25directly SocietyApril 2014. to2014. The ofthe Civil Thecontamination Engineers worked?worked? We Reportof knowthe We Flint know enough Flint enough toresidents consider to consider are some using some filtered or bottled with the protective coating of the pipes. The Environmental justice decaying leaves. In FebruaryMDEQ MDEQ2015, verified sampling verified at the atCard time thewater fortimethat its thesystem’.that infrastructure. Flintthe FlintRiver River ofThe the reportof lessons the lessons learned learned waterto date. tofor date. consumption as the recovery of the best practices included running cold water at from a Flint home revealedmet highdrinkingmet drinkinglevels water of water standardsfound standards thatA and final most informedand report informedof the issued nation’s on 21 drinkingMarch 2016 waterThe distribution concept ofsystem ‘environmental continues. Flintjustice’ the highest flow in the bathtub and kitchen residentsresidents it was it safe. was safe.waterfound infrastructure that MDEQ is bears nearing primary the endresponsibility returnedas defined to using by water EPA isfrom the Lakefair treatment Huron faucet for five minutes every day for a two- lead at 104 parts per billion (ppb) – the WaterWater regulatory regulatory oversight oversight failures failures standard established by theFlint EPA Flintcitizens is 15 citizens ppb. started startedof to its complainbut usefulto alsocomplain life,blamed almost with almost the replacement Michigan Department costs deliveredand meaningfulby the Great involvement Lakes Water of Authority all people week period. EPA warned residents not to An investigation conductedimmediately byimmediately a science about team about theestimated smell theof smell andHealth at colourand more and colour ofHuman than of $1 Services trillion.A five-memberA (MDHHS),five-member The Flint FlintinWater October regardless WaterAdvisory Advisory2015. ofTask Newly race, Task colour,implemented national origin drink, cook or brush teeth with unfiltered from Virginia Tech confirmedthe Flintthe lead FlintRiver in River water,the water, whichAssociated whichthe was Governor’s 70 was Press per 70 cent analysisper Office cent of and ForceEPA state-appointed Forcedata created found created by Governor by corrosionGovernor orSnyder income controlSnyder released with strategiesreleased respect willto the allow development, a water because it is not safe, but advised that water at 13,200 ppb. harderharder than thanthe prior the prior thatwater nearlyemergencywater supply. supply. 1,400 In managers,August waterIn August systems findinga preliminary servinga thempreliminary 3.6 report report onprotective 29 on implementationDecember 29 Decembercoating 2015, within 2015,and water enforcement service lines of residents can wash hands, bath or shower with On 24 April 2015, MDEQ2014, advised2014, E. coli E. andEPA coli totalthatand milliontotalcoliform‘fundamentally coliform Americans bacteria bacteria were exceededaccountable’ were finding the forfinding federal the that water thatMDEQ crisis. MDEQ boreto build boreultimateenvironmental upultimate over blame time blame forlaws, to acceptablefor regulations levels. and policies. unfiltered water. no corrosion control treatmentdetecteddetected was in the in in place new the water newatlead water supply, standardWhile supply, prompting the at promptingleasttask force once focused thebetween crisis.the on crisis. 1The state taskThe forcetaskEPA force found isIn sampling short,found that yourMDEQthat to MDEQensurehealth shouldthe effectiveness not suffer The emergency declaration allowing the the Flint Water Treatmentboil Plant. waterboil water advisories. advisories. InJanuary January Inentities, January 2013 2015, EPA and 2015, Flint bears 30 FlintSeptember at leastfailed somefailed 2015.to followresponsibility to The follow the federal theof federalthe becauseLead corrosion Lead and of Copper andthe control environmentCopper measures where being you use of federal funding will end on 14 August On 13 July 2015, MDEQwater advisedwater failed failedthere to meet towas meet Safe affected DrinkingSafefor Drinkingthe systems agency’s Water areWater Act failurelarge Act and ruleto act, small, requiringrule particularly requiringpublic optimised optimisedtaken. corrosionlive, In corrosion work,addition, control play controlFlint or learn, residents and allare citizens strongly 2016. Governor Snyder announced on 2 June no reason for concern following(SDWA)(SDWA) standardsthe leak standards of for and total for privatewhen totaltrihalomethanes confrontedtrihalomethanes and include with 278 criticaltreatment systemstreatment data that(CCT) from are (CCT) one and encouraged advisedand shouldadvised Flint receiveby Flintthat EPA CCTthat environmentalto implementCCT the protection ‘Flush that the State of Michigan will pay for the an EPA memo expressing(THMM). concern(THMM). An over organic An lead organic ownedchlorinatedof chlorinated itsand own operatedchemical water chemical experts by schools would concerning wouldand not daycare be not high necessary be necessaryfor for Flint’ effortsa foryear. best a appropriateyear.The practices taskThe task to for promote their communities. improved bottled water, filters and home testing kits levels in the Flint River compoundwatercompound supply. that On isthat 25 formed iscentres formed aslead a inby-product aslevels 41 a by-productstates. in Flint’s of water.of force Anforce concluded agency concluded water that ‘thethatflushing decision‘theEnvironmental decisionof the not waterto not justice, toservice also lines referred in order to needed by Flint residents. At this time, it is September 2015, Flint issuedthe additionthe a water addition of advisory chlorine of chlorine to officialwater to water that identified containsthat contains problemsrequire require in CCT, February CCT,made made at tothe removeat direction sometimesthe direction loose of asleadMDEQ, ‘environmentalof particlesMDEQ, and racism’,to assist began unclear when Flint’s public water supply will organicorganic matter matter such suchas algae, as2015, algae, riverweeds continuing riverweeds or to or update led directly EPAled directlyleadership to the to contamination the with contamination theas a protectivemovement of the of Flint thecoating in theFlint 1980sof the with pipes. growing The be considered safe for all potable uses. concluding no level of lead is safe. On 2 Environmental justice October, Michigan Governordecayingdecaying Rick leaves. Snyder leaves. In February In Februaryincluding 2015, 2015, sampling an samplinginternal memo water water datedsystem’. system’. June 2015. best practicesfocus on theincluded disproportionate running cold number water at of from froma Flint a Flinthome home revealedThe revealed conceptEPA high finally highlevels of ‘environmentallevels issuedof of a SDWAA justice’ finalemergencyA finalreport report orderissued issuedthe on highest21polluting onMarch 21 flow March 2016industries, in 2016the bathtub power plantsand kitchen and waste issued an action plan including free water Conclusion filters and water testinglead for atleadFlint 104 atresidents. parts 104 partsper billionOn asper defined billionin (ppb) January (ppb)by – theEPA 2016. – isthe the fairfound treatmentfound that MDEQ that MDEQ bearsfaucet bears primarydisposal forprimary responsibilityfive areas responsibilityminutes located every in orday near for alow-income two- 16 October, Flint returnedstandard tostandard the established Lake established Huron byand the bymeaningful EPA the isEPA 15 isppb. involvement 15 ppb. but of alsoallbut people blamed also blamed the Michigan theweek Michiganor period. Departmentminority Department EPA communities. warned residents not to More is yet to be uncovered about the An investigationAn investigation conducted conductedregardless by a scienceofby race, a science teamcolour, team nationalof Healthof origin Health and Human and Human Servicesdrink, Services cookFlint’s (MDHHS), or (MDHHS), residents brush teeth are withprimarily unfiltered black (56.6 adverse impact of ineffective federal and water supply. Ageing infrastructure On 14 December, newlyfrom elected fromVirginia VirginiaFlint Tech Mayor Techconfirmedor confirmedincome lead with inlead respect the in the to thethe development, Governor’sthe Governor’s Office Office waterand state-appointedper andbecauseFLINT,FLINT, cent)state-appointed MICHIGANMICHIGAN itand is not largely WATER WATERsafe, live but CRISIS:CRISIS: in advised poverty LESSONSLESSONS that (41.6 LEARNEDLEARNED state regulatory oversight, Michigan politics, Karen Weaver declared watera statewater at of 13,200 emergency at 13,200 ppb. ppb. implementation Ageing drinking and enforcement water infrastructureemergencyemergency of managers, played managers, findingresidents findingper them cent). can them wash The hands, task force bath called or shower the water with and dire financial distress on the quality over the high lead levels inOn the 24 Onwater April 24 supply.April 2015, 2015, MDEQenvironmental MDEQa advisedcritical advised roleEPA laws, in thatEPA regulationsthe that Flint ‘fundamentally lead-contaminated and‘fundamentally policies. accountable’ accountable’ unfilteredcrisis for the a for water.‘clear water the water casecrisis. of crisis. environmental injustice’. of Flint’s drinking water supply. Numerous no corrosionno corrosion control control treatmentIn short, treatmentwaterwater your was emergency.emergency. inhealth was place in shouldplace at FlintFlint at failed failednot While suffer totoWhile applytheapply task the forcetask force focusedTheAccordingAccording focused emergency on state on toto state VirgildeclarationVirgil Bernero,Bernero, allowing thethe MayorMayor the ofof 16 INTERNATIONAL BAR ASSOCIATIONthe Flintthe LEGAL FlintWater PRACTICEWater Treatment Treatmentbecause DIVISION corrosionPlant.corrosion of Plant. the environmentinhibitorsinhibitors whenwhen entities,where thetheentities, youwaterwater EPA supplybearssupplyEPA bears at leastuse at of leastsomenearbynearby federal some responsibility Lansing,Lansing, funding responsibility Michigan,Michigan, will end on thethe 14 statestate August gavegave FlintFlint WATER LAW NEWSLETTER AUGUST 2016 17 On 13On July 13 2015, July 2015, MDEQlive, MDEQ work,transitionedadvisedtransitioned advised play there or fromfromtherelearn, was Lake Lakewas and for HuronHuronall thecitizensfor agency’s to tothe thethe agency’s FlintFlint failure failure2016. to act,thethe Governorto particularly coldcoldact, particularly shouldershoulder Snyder when whenannounced thethe waterwater on situation2situation June no reasonno reason for concern for concernshould followingRiver.River. following receive theAsAs a a leakenvironmental result,theresult, ofleak corrosivecorrosive of when protection FlintFlintwhen confronted RiverRiver confronted waterwater with that criticalwith thewas wascritical data State developingdeveloping fromdata of Michigan fromone andand one hehe will commentedcommented pay for the inin anan an EPAan memoEPA memo expressing expressingefforts concerncausedcaused appropriate concern lead leadover from fromleadover for ageingageingleadtheir ofcommunities. pipespipes its ofown toitsto leachwaterleachown water intoexpertsinto expertsbottled concerninginterviewinterview concerning water, filtershigh withwith highthethe and HuffingtonHuffington home testing PostPost kits dateddated 22 levelslevels in the in Flint the FlintRiverEnvironmental River waterthethe water supply. waterwater supply. supply.supply. Onjustice, 25 On InIn also 25 FebruaryFebruary referredlead levelslead 2016,2016, to levels in MayorMayor Flint’s in Flint’s water.needed water. AnFebruaryFebruary agencyby An Flint agency 2016:2016: water residents. ‘Thewater‘The response responseAt this time, waswas itmuted.muted. is TheThe SeptemberSeptember 2015, 2015, Flint sometimesFlintissuedWeaverWeaver issued a water as aannouncedannounced ‘environmentalwater advisory advisory thatthatofficial thetheracism’, cityofficialcity identified wouldwould began identified problemsunclear problemsstatestate inwhen responseresponseFebruary in Flint’s February waswas public sluggishsluggish water andand supply irresponsible.irresponsible. will concludingconcluding no level no levelofas lead a of movementremoveremove islead safe. is andsafe.Onand in 2 replace replaceOn the 21980s allall withwater2015,water growing2015, servicecontinuingservice continuing lineslines to updatebe to consideredupdateThatThat EPA does doesleadershipEPA safe haveleadershiphave for somethingsomething all potable toto uses. dodo withwith thethe October,October, Michigan Michigan Governorfocus Governorcontainingcontaining on Rick the RickSnyderdisproportionate leadlead Snyder pipingpiping atincludingat numberanan including estimatedestimated an of internal an costcost internal ofof memo peoplememopeople dated dated being beingJune June 2015.voiceless.voiceless. 2015. WhenWhen thosethose voicesvoices issuedissued an action an action plan planincludingpolluting including$1.5$1.5 billion.industries,billion.free waterfree FlintFlint water power savedsaved plants EPA approximatelyapproximately finallyEPA and finally waste issued $140$140 issued a SDWA a SDWAstarted startedemergency emergency saying,saying, order “This“This order waterwater isis discoloured,discoloured, itit Conclusion filtersfilters and waterand watertesting disposaltesting forperper Flint for areasdayday residents.Flint byby located not notresidents. addingadding inOn or aanearOnin corrosioncorrosion January low-incomein January 2016.inhibitorinhibitor 2016. doesn’tdoesn’t smellsmell right,right, I’veI’ve gotgot aa rash,rash, mymy kidkid 16 October,16 October, Flint Flintreturnedor returned minority uponuponto the to transitioningtransitioning Lakecommunities. the LakeHuron Huron toto riverriver water.water. Moreisn’tisn’t is yet respondingresponding to be uncovered properly”,properly”, about thosethose the voicesvoices werewere Flint’sManyMany residents understandunderstand are primarily thatthat FlintFlint black maymay (56.6 bebe aa adversenotnot impact heard.heard. of AndAnd ineffective thatthat doesdoes federal havehave somethingsomething and toto waterwater supply. supply. AgeingAgeing infrastructure infrastructure On 14On December, 14 December, newlyper newlycent) elected‘canary‘canary electedand Flint inin largely thethe FlintMayor coalcoal live Mayor mine’ mine’in poverty signallingsignalling (41.6 moremore state dodoregulatory withwith beingbeing oversight, poorpoor andand Michigan aa minority,minority, politics, frankly.’frankly.’ KarenKaren Weaver Weaver declared declaredper a statecent).problemsproblems a stateof The emergency of taskthroughoutthroughout emergency force called theAgeingthe theUSUSAgeing withwaterdrinkingwith ageingdrinkingageing water andwater infrastructure dire infrastructure financial played distress played on the quality over theover high the highlead levelsleadcrisis levels ininfrastructure. infrastructure.thea ‘clear in water the case water supply. of supply.InenvironmentalIn 2013,2013, a thecriticalthe a USUS critical injustice’. rolereceivedreceived inrole the aina Flint theof Flint’s Flintlead-contaminated lead-contaminated drinking water supply. Numerous CurrentCurrent status:status: WaterWater forfor FlintFlint residentsresidents ‘D’‘D’ inin thethe drinkingdrinking waterwater categorycategory ofof thethe 16 16INTERNATIONAL INTERNATIONAL BAR ASSOCIATION BAR ASSOCIATIONAmericanAmerican LEGAL LEGAL SocietyPRACTICESociety PRACTICE ofof DIVISION CivilCivil DIVISION EngineersEngineers ReportReport FlintFlintWATER residentsresidents LAW areNEWSLETTERare usingusing filteredfiltered AUGUST oror bottledbottled2016 17 CardCard forfor itsits infrastructure.infrastructure.Reprinted ThewithThe reportpermissionreport © 2016waterwater forfor consumptionconsumption asas thethe recoveryrecovery ofof thethe foundfound thatthat mostmost ofof thethe nation’snation’s drinkingdrinking waterwater distributiondistribution systemsystem continues.continues. FlintFlint waterwater infrastructureinfrastructure isis nearingnearing thethe endend returnedreturned toto usingusing waterwater fromfrom LakeLake HuronHuron ofof itsits usefuluseful life,life, withwith replacementreplacement costscosts delivereddelivered byby thethe GreatGreat LakesLakes WaterWater AuthorityAuthority estimatedestimated atat moremore thanthan $1$1 trillion.trillion. TheThe inin OctoberOctober 2015.2015. NewlyNewly implementedimplemented AssociatedAssociated PressPress analysisanalysis ofof EPAEPA datadata foundfound corrosioncorrosion controlcontrol strategiesstrategies willwill allowallow aa thatthat nearlynearly 1,4001,400 waterwater systemssystems servingserving 3.63.6 protectiveprotective coatingcoating withinwithin waterwater serviceservice lineslines millionmillion AmericansAmericans exceededexceeded thethe federalfederal toto buildbuild upup overover timetime toto acceptableacceptable levels.levels. leadlead standardstandard atat leastleast onceonce betweenbetween 11 EPAEPA isis samplingsampling toto ensureensure thethe effectivenesseffectiveness JanuaryJanuary 20132013 andand 3030 SeptemberSeptember 2015.2015. TheThe ofof thethe corrosioncorrosion controlcontrol measuresmeasures beingbeing affectedaffected systemssystems areare largelarge andand small,small, publicpublic taken.taken. InIn addition,addition, FlintFlint residentsresidents areare stronglystrongly andand privateprivate andand includeinclude 278278 systemssystems thatthat areare encouragedencouraged byby EPAEPA toto implementimplement thethe ‘Flush‘Flush ownedowned andand operatedoperated byby schoolsschools andand daycaredaycare forfor Flint’Flint’ bestbest practicespractices toto promotepromote improvedimproved centrescentres inin 4141 states.states. flushingflushing ofof thethe waterwater serviceservice lineslines inin orderorder toto removeremove looseloose leadlead particlesparticles andand toto assistassist withwith thethe protectiveprotective coatingcoating ofof thethe pipes.pipes. TheThe EnvironmentalEnvironmental justicejustice bestbest practicespractices includedincluded runningrunning coldcold waterwater atat TheThe conceptconcept ofof ‘environmental‘environmental justice’justice’ thethe highesthighest flowflow inin thethe bathtubbathtub andand kitchenkitchen asas defineddefined byby EPAEPA isis thethe fairfair treatmenttreatment faucetfaucet forfor fivefive minutesminutes everyevery dayday forfor aa two-two- andand meaningfulmeaningful involvementinvolvement ofof allall peoplepeople weekweek period.period. EPAEPA warnedwarned residentsresidents notnot toto regardlessregardless ofof race,race, colour,colour, nationalnational originorigin drink,drink, cookcook oror brushbrush teethteeth withwith unfilteredunfiltered oror incomeincome withwith respectrespect toto thethe development,development, waterwater becausebecause itit isis notnot safe,safe, butbut advisedadvised thatthat implementationimplementation andand enforcementenforcement ofof residentsresidents cancan washwash hands,hands, bathbath oror showershower withwith environmentalenvironmental laws,laws, regulationsregulations andand policies.policies. unfilteredunfiltered water.water. InIn short,short, youryour healthhealth shouldshould notnot suffersuffer TheThe emergencyemergency declarationdeclaration allowingallowing thethe becausebecause ofof thethe environmentenvironment wherewhere youyou useuse ofof federalfederal fundingfunding willwill endend onon 1414 AugustAugust live,live, work,work, playplay oror learn,learn, andand allall citizenscitizens 2016.2016. GovernorGovernor SnyderSnyder announcedannounced onon 22 JuneJune shouldshould receivereceive environmentalenvironmental protectionprotection thatthat thethe StateState ofof MichiganMichigan willwill paypay forfor thethe effortsefforts appropriateappropriate forfor theirtheir communities.communities. bottledbottled water,water, filtersfilters andand homehome testingtesting kitskits EnvironmentalEnvironmental justice,justice, alsoalso referredreferred toto neededneeded byby FlintFlint residents.residents. AtAt thisthis time,time, itit isis sometimessometimes asas ‘environmental‘environmental racism’,racism’, beganbegan unclearunclear whenwhen Flint’sFlint’s publicpublic waterwater supplysupply willwill asas aa movementmovement inin thethe 1980s1980s withwith growinggrowing bebe consideredconsidered safesafe forfor allall potablepotable uses.uses. focusfocus onon thethe disproportionatedisproportionate numbernumber ofof pollutingpolluting industries,industries, powerpower plantsplants andand wastewaste ConclusionConclusion disposaldisposal areasareas locatedlocated inin oror nearnear low-incomelow-income oror minorityminority communities.communities. MoreMore isis yetyet toto bebe uncovereduncovered aboutabout thethe Flint’sFlint’s residentsresidents areare primarilyprimarily blackblack (56.6(56.6 adverseadverse impactimpact ofof ineffectiveineffective federalfederal andand perper cent)cent) andand largelylargely livelive inin povertypoverty (41.6(41.6 statestate regulatoryregulatory oversight,oversight, MichiganMichigan politics,politics, perper cent).cent). TheThe tasktask forceforce calledcalled thethe waterwater andand diredire financialfinancial distressdistress onon thethe qualityquality crisiscrisis aa ‘clear‘clear casecase ofof environmentalenvironmental injustice’.injustice’. ofof Flint’sFlint’s drinkingdrinking waterwater supply.supply. NumerousNumerous

WATERWATER LAWLAW NEWSLETTERNEWSLETTER AUGUSTAUGUST 20162016 1717 FLINT, MICHIGAN WATER CRISIS: LESSONS LEARNED water emergency. Flint failed to apply According to Virgil Bernero, the Mayor of corrosion inhibitors when the water supply nearby Lansing, Michigan, the state gave Flint transitioned from Lake Huron to the Flint the cold shoulder when the water situation River. As a result, corrosive Flint River water was developing and he commented in an caused lead from ageing pipes to leach into interview with the Huffington Post dated 2 the water supply. In February 2016, Mayor February 2016: ‘The response was muted. The Weaver announced that the city would state response was sluggish and irresponsible. remove and replace all water service lines That does have something to do with the containing lead piping at an estimated cost of TECHNOLOGICALpeople being voiceless. AND FINANCING When CHALLENGESthose voices FACED BY THE WATER SECTOR IN SPAIN AND POSSIBLE ANSWERS $1.5 billion. Flint saved approximately $140 started saying, “This water is discoloured, it per day by not adding a corrosion inhibitor doesn’t smell right, I’ve got a rash, my kid upon transitioning to river water. investigationsisn’t responding are properly”, under way those and certainvoices were me be blunt: this was a failure of government Many understand that Flint may be a responsiblenot heard. And parties that have does been have suspended, something to at all levels – local, state and federal officials – ‘canary in the coal mine’ signalling more terminateddo with being and poor even and criminally a minority, charged. frankly.’ FLINT,weFLINT, all MICHIGAN failed MICHIGAN the WATER families WATER CRISIS: CRISIS: of Flint.’LESSONS LESSONS LEARNED LEARNED problems throughout the US with ageing On 17 February 2016, Governor Snyder infrastructure. In 2013, the US received a testified along with EPA administrator Gina waterwaterCurrent emergency. emergency. status: Flint Water Flint failed failed for toFlint toapply apply residents AccordingAccording to toVirgil Virgil Bernero, Bernero, the the Mayor Mayor of of ‘D’ in the drinking water category of the McCarthy before the House Committee on Notes corrosioncorrosion inhibitors inhibitors when when the the water water supply supply nearby1nearby E. LynnLansing, Lansing, Grayson Michigan, is Michigan, chair of the the Environmentalthe state state gave gave Flint Flint American Society of Civil Engineers Report OversightFlint residents and Governmentare using filtered Reform, or bottledand in transitionedtransitioned from from Lake Lake Huron Huron to tothe the Flint Flint thethe coldWorkplace cold shoulder shoulder Health when & whenSafety the Practicethe water water at situationJenner situation & Block in Card for its infrastructure. The report hiswater opening for consumption statement probably as the recovery provides of thethe Chicago, Illinois. River.River. As As a result,a result, corrosive corrosive Flint Flint River River water water waswas developing developing and and he he commented commented in inan an found that most of the nation’s drinking bestwater explanation distribution for system the Flint continues. water crisis: Flint ‘Let causedcaused lead lead from from ageing ageing pipes pipes to toleach leach into into interviewinterview with with the the Huffington Huffington Post Post dated dated 2 2 water infrastructure is nearing the end returned to using water from Lake Huron thethe water water supply. supply. In InFebruary February 2016, 2016, Mayor Mayor FebruaryFebruary 2016: 2016: ‘The ‘The response response was was muted. muted. The The of its useful life, with replacement costs delivered by the Great Lakes Water Authority WeaverWeaver announced announced that that the the city city would would statestate response response was was sluggish sluggish and and irresponsible. irresponsible. estimated at more than $1 trillion. The in October 2015. Newly implemented removeremove and and replace replace all all water water service service lines lines ThatThat does does have have something something to todo do with with the the Associated Press analysis of EPA data found corrosion control strategies will allow a containingcontaining lead lead piping piping at atan an estimated estimated cost cost of of peoplepeople being being voiceless. voiceless. When When those those voices voices José Alberto that nearly 1,400 water systems serving 3.6 protective coating within water service lines $1.5$1.5 billion. billion. Flint Flint saved saved approximately approximately $140 $140 startedstarted saying, saying, “This “This water water is discoloured,is discoloured, it it Navarro Manich million Americans exceeded the federal to build up over time to acceptable levels. perTechnologicalper day day by bynot not adding adding a corrosiona corrosion inhibitor inhibitor anddoesn’tdoesn’t smellfinancing smell right, right, I’ve I’ve got got a rash,a rash, my my kid kid Uría Menéndez, lead standard at least once between 1 EPA is sampling to ensure the effectiveness uponupon transitioning transitioning to toriver river water. water. isn’tisn’t responding responding properly”, properly”, those those voices voices were were Barcelona January 2013 and 30 September 2015. The of the corrosion control measures being ManyMany understand understand that that Flint Flint may may be be a a notnot heard. heard. And And that that does does have have something something to to affected systems are large and small, public challengestaken. In addition, Flint residents arefaced strongly by the water josealberto.navarro@ ‘canary‘canary in inthe the coal coal mine’ mine’ signalling signalling more more dodo with with being being poor poor and and a minority,a minority, frankly.’ frankly.’ uria.com and private and include 278 systems that are encouraged by EPA to implement the ‘Flush problemsproblems throughout throughout the the US US with with ageing ageing owned and operated by schools and daycare sectorfor Flint’ best practices in to promote Spain improved and some infrastructure.infrastructure. In In 2013, 2013, the the US US received received a a centres in 41 states. flushing of the water service lines in order CurrentCurrent status: status: Water Water for for Flint Flint residents residents ‘D’‘D’ in inthe the drinking drinking water water category category of ofthe the to remove loose lead particles and to assist AmericanpossibleAmerican Society Society of ofCivil Civil Engineers Engineersanswers Report Report FlintFlint residents residents are are using using filtered filtered or orbottled bottled with the protective coating of the pipes. The Environmental justice CardCard for for its its infrastructure. infrastructure. The The report report waterwater for for consumption consumption as asthe the recovery recovery of ofthe the best practices included running cold water at foundfound that that most most of ofthe the nation’s nation’s drinking drinking waterwater distribution distribution system system continues. continues. Flint Flint The concept of ‘environmental justice’ the highest flow in the bathtub and kitchen waterwater infrastructure infrastructure is nearingis nearing the the end end returnedreturned to tousing using water water from from Lake Lake Huron Huron as defined by EPA is the fair treatment faucet for five minutes every day for a two- of ofits its useful usefulhe life, water life, with withsector replacement replacement in Spain faces costs costs two key deliveredpurifieddelivered by through bythe the Great Great sewage Lakes Lakes systems Water Water and Authority Authority treatment and meaningful involvement of all people week period. EPA warned residents not to estimatedestimatedchallenges: at atmore more than thethan $1 guarantee $1 trillion. trillion. ofThe waterThe in plants.inOctober October European 2015. 2015. Newly and Newly Spanish implemented implemented regulations regardless of race, colour, national origin drink, cook or brush teeth with unfiltered AssociatedAssociatedsupply Press Press inanalysis theanalysis Spanish of ofEPA EPA regions data data found that found are corrosionimposecorrosion strictcontrol control rules strategies onstrategies water will pollution will allow allow a reduction. a or income with respect to the development, water because it is not safe, but advised that thatthat nearly nearlysubject 1,400 1,400 towater hydricwater systems systemsstress servingand serving potential 3.6 3.6 protectiveFailureprotective to coating comply coating within with within these water water rules service service can linesentail lines implementation and enforcement of Tresidents can wash hands, bath or shower with millionwatermillion Americansshortages. Americans The exceeded exceeded fulfilment the the federalof federal the high to atobuild severe build up regimeup over over time of time penalties to toacceptable acceptable and public levels. levels. environmental laws, regulations and policies. unfiltered water. leadstandardslead standard standard of atpurification atleast least once once betweenand between treatment 1 1 EPAliability,EPA is samplingis sampling either forto to ensurethe ensure public the the authoritieseffectiveness effectiveness or the In short, your health should not suffer The emergency declaration allowing the JanuaryofJanuary waste 2013 water2013 and andimposed 30 30 September September by European 2015. 2015. and The The of publicofthe the corrosion corrosionofficials controlwho control may measures bemeasures held beingpersonally being because of the environment where you use of federal funding will end on 14 August affectedSpanishaffected systems regulations.systems are are large large and and small, small, public public taken.accountable.taken. In Inaddition, addition, Accordingly, Flint Flint residents residents water purification are are strongly strongly live, work, play or learn, and all citizens 2016. Governor Snyder announced on 2 June andand Theseprivate private two and andchallenges include include 278have 278 systems become systems that priorities that are are encouragedisencouraged a major concernby byEPA EPA tofor toimplement the implement public authorities.the the ‘Flush ‘Flush should receive environmental protection that the State of Michigan will pay for the ownedforowned the and Spanishand operated operated authorities by by schools schools but they and and alsodaycare daycare bring forHowever,for Flint’ Flint’ best thebest practices current practices financingto topromote promote sources improved improved for efforts appropriate for their communities. bottled water, filters and home testing kits centresnewcentres opportunities in in41 41 states. states. for the water sector. flushingtheflushing waste of watertheof the watersewage water service servicesystem lines andlines in treatment inorder order Environmental justice, also referred to needed by Flint residents. At this time, it is On the one hand, the guarantee of water to plantstoremove remove are loose not loose alwayslead lead particles sufficient particles and toand toensure toassist assist that sometimes as ‘environmental racism’, began unclear when Flint’s public water supply will supply is critical for the population and the withsuchwith the theplants protective protective can satisfy coating coating the requirementsof ofthe the pipes. pipes. Theof The the as a movement in the 1980s with growing EnvironmentalEnvironmentalbe considered justice safe justice for all potable uses. economy. Not only would the welfare of a bestaforementionedbest practices practices included included regulations running running operationally. cold cold water water at at focus on the disproportionate number of ThesocietyThe concept concept be jeopardised of of‘environmental ‘environmental if the water justice’ justice’ supply were thethe highestThe highest two flow challenges flow in inthe the outlinedbathtub bathtub aboveand and kitchen requirekitchen polluting industries, power plants and waste as subjectasConclusiondefined defined to byuncertainty, byEPA EPA is theis the but fair fair such treatment treatment uncertainty faucetinnovativefaucet for for five fivesolutions minutes minutes from every everya technological, day day for for a two-a two- disposal areas located in or near low-income andwouldand meaningful meaningful also create involvement involvement an obstacle of to ofall foreign all people people direct weekfinancialweek period. period. and EPA EPAregulatory warned warned residentspoint residents of view. not not toThese to or minority communities. More is yet to be uncovered about the regardlessinvestment,regardless of ofrace, domestic race, colour, colour, capital national national investment origin origin drink,innovativedrink, cook cook orsolutions orbrush brush teethmay teeth require with with unfiltered aunfiltered more holistic Flint’s residents are primarily black (56.6 adverse impact of ineffective federal and or orincome otherincome formswith with respect of respect economic to tothe the development, development, waterandwater becauseintegrated because it isitapproach notis not safe, safe, towards but but advised advised the challenges that that per cent) and largely live in poverty (41.6 state regulatory oversight, Michigan politics, implementationparticularlyimplementationTECHNOLOGICAL in industrialand AND and enforcement FINANCING enforcement and tourism CHALLENGES of of sectors. FACED residentsBYandresidents THE their WATER can respectivecan SECTORwash wash hands, IN hands,needs SPAIN bath and bathAND or synergies. POSSIBLE orshower shower withANSWERS with per cent). The task force called the water and dire financial distress on the quality environmentalConsequently,environmental laws, the laws, guaranteeregulations regulations of and water and policies. policies.supply is unfilteredunfiltered water. water. crisis a ‘clear case of environmental injustice’. of Flint’s drinking water supply. Numerous In anInshort, short,important your your health issue health withinshould should the not notMediterranean suffer suffer TheThe emergency emergency declaration declaration allowing allowing the the investigations are under way and certain Theme be current blunt: regulatorythis was a failure and financial of government becausearea.because A of region ofthe the environment that environment is not only where where periodically you you useuse of offederal federal funding funding will will end end on on 14 14 August August responsibleWATER parties LAW haveNEWSLETTER been suspended, AUGUST 2016 frameworkat17 all levels – of local, the statewater and sector federal officials – live,threatenedlive, work, work, play play by or episodes orlearn, learn, and of and drought all all citizens citizens and where 2016.2016. Governor Governor Snyder Snyder announced announced on on 2 June2 June terminated and even criminally charged. we all failed the families of Flint.’ shouldtheshould sources receive receive of environmental rainwater environmental and protectionnatural protection water thatThethat the thecurrent State State of Spanish ofMichigan Michigan regulations will will pay pay for treat for the thewater On 17 February 2016, Governor Snyder effortsareefforts limited appropriate appropriate but is alsofor for their dependent their communities. communities. on a large bottledsupplybottled water, and water, thefilters filters waste and waterand home home sewage testing testing systems kits kits testified along with EPA administrator Gina EnvironmentalvolumeEnvironmental of water justice, justice,given also its also high referred referred population to to neededandneeded treatment by byFlint Flint residents. plants residents. as independentAt Atthis this time, time, it activities isit is densityMcCarthy and before significant the House tourism, Committee industry onand andNotes assume that these activities are operated sometimessometimes as as‘environmental ‘environmental racism’, racism’, began began unclearunclear1 E. Lynn when when Grayson Flint’s Flint’s is chair public public of the water Environmental water supply supply will will Oversight and Government Reform, and in TECHNOLOGICAL AND FINANCING CHALLENGES FACED asBY agriculturalasa THE movementa movement WATER SECTORsectors. in inthe the IN 1980s SPAIN 1980s with AND with growingPOSSIBLE growing ANSWERS beseparatelybe considered Workplaceconsidered from Health safe safe each for& Safetyfor all other. all potablePractice potable However, at uses. Jenner uses. this& Block in his opening statement probably provides the focusfocusOn on onthe the theother disproportionate disproportionate hand, Spanish number public number of of approachChicago, Illinois.can restrict the potential benefits best explanation for the Flint water crisis: ‘Let pollutingauthoritiespolluting industries, industries, are under power anpower obligation plants plants and toand wasteensure waste and synergies of the treatment of both investigations are under way and certain thatme bewaste blunt: water this is adequatelywas a failure treated of government and ConclusionactivitiesConclusion as a part of an integrated system. responsible parties have been suspended, disposaldisposalat all levels areas areas –located local, located state in inor and ornear near federal low-income low-income officials – MoreMore is yetis yet to tobe be uncovered uncovered about about the the terminated and even criminally charged. or orweminority minorityall failed communities. communities.the families of Flint.’ adverseadverse impact impact of ofineffective ineffective federal federal and and On 17 February 2016, Governor Snyder 18 INTERNATIONALFlint’sFlint’s residents residents BAR are areASSOCIATION primarily primarily black LEGAL black (56.6 PRACTICE(56.6 DIVISION statestate regulatory regulatory oversight, oversight, Michigan Michigan politics, politics, José Alberto testified along with EPA administrator Gina perper cent) cent) and and largely largely live live in inpoverty poverty (41.6 (41.6 andand dire dire financial financial distress distress on onthe the quality quality Navarro Manich McCarthy before the House Committee on perperNotes cent). cent). The The task task force force called called the the water water 1 E. Lynn Grayson is chair of the Environmental of ofFlint’s Flint’s drinking drinking water water supply. supply. Numerous Numerous Oversight and Government Reform, and in crisiscrisisTechnological a ‘cleara ‘clear case case of ofenvironmental environmental injustice’. injustice’. and financing Uría Menéndez, Workplace Health & Safety Practice at Jenner & Block in his opening statement probably provides the Barcelona Chicago, Illinois. WATERWATER LAW LAW NEWSLETTER NEWSLETTER AUGUST AUGUST 2016 2016 17 17 best explanation for the Flint water crisis: ‘Let challenges faced by the water josealberto.navarro@ sector Reprintedin Spain with permission ©and 2016 some uria.com

possible answersJosé Alberto Navarro Manich Technological and financing Uría Menéndez, Barcelona he water sector in Spain faces two key purified through sewage systems and treatment challenges faced by the water josealberto.navarro@ challenges: the guarantee of water plants. European and Spanish regulations uria.com sector in Spain andsupply some in the Spanish regions that are impose strict rules on water pollution reduction. Tsubject to hydric stress and potential Failure to comply with these rules can entail water shortages. The fulfilment of the high a severe regime of penalties and public possible answersstandards of purification and treatment liability, either for the public authorities or the of waste water imposed by European and public officials who may be held personally Spanish regulations. accountable. Accordingly, water purification These two challenges have become priorities is a major concern for the public authorities. he water sector in Spain faces two key forpurified the Spanish through authorities sewage systems but they and also treatment bring However, the current financing sources for challenges: the guarantee of water newplants. opportunities European and for Spanish the water regulations sector. the waste water sewage system and treatment supply in the Spanish regions that are imposeOn the strict one rules hand, on the water guarantee pollution of reduction. water plants are not always sufficient to ensure that Tsubject to hydric stress and potential supplyFailure isto critical comply for with the these population rules can and entail the such plants can satisfy the requirements of the water shortages. The fulfilment of the high economy.a severe regime Not only of penalties would the and welfare public of a aforementioned regulations operationally. standards of purification and treatment societyliability, be either jeopardised for the public if the authoritieswater supply or were the The two challenges outlined above require of waste water imposed by European and subjectpublic officials to uncertainty, who may but be such held uncertainty personally innovative solutions from a technological, Spanish regulations. wouldaccountable. also create Accordingly, an obstacle water to purification foreign direct financial and regulatory point of view. These These two challenges have become priorities investment,is a major concern domestic for capitalthe public investment authorities. innovative solutions may require a more holistic for the Spanish authorities but they also bring orHowever, other forms the current of economic financing development, sources for and integrated approach towards the challenges new opportunities for the water sector. particularlythe waste water in industrial sewage system and tourismand treatment sectors. and their respective needs and synergies. On the one hand, the guarantee of water Consequently,plants are not always the guarantee sufficient of to water ensure supply that is supply is critical for the population and the ansuch important plants can issue satisfy within the requirementsthe Mediterranean of the The current regulatory and financial economy. Not only would the welfare of a area.aforementioned A region that regulations is not only operationally. periodically framework of the water sector society be jeopardised if the water supply were threatenedThe two challenges by episodes outlined of drought above and require where subject to uncertainty, but such uncertainty theinnovative sources solutions of rainwater from and a technological, natural water The current Spanish regulations treat water would also create an obstacle to foreign direct arefinancial limited and but regulatory is also dependent point of view.on a largeThese supply and the waste water sewage systems investment, domestic capital investment volumeinnovative of watersolutions given may its require high population a more holistic and treatment plants as independent activities or other forms of economic development, densityand integrated and significant approach tourism, towards industrythe challenges and and assume that these activities are operated particularly in industrial and tourism sectors. agriculturaland their respective sectors. needs and synergies. separately from each other. However, this Consequently, the guarantee of water supply is On the other hand, Spanish public approach can restrict the potential benefits an important issue within the Mediterranean and synergies of the treatment of both authoritiesThe current are regulatory under an obligation and financial to ensure area. A region that is not only periodically activities as a part of an integrated system. thatframework waste water of theis adequately water sector treated and threatened by episodes of drought and where the sources of rainwater and natural water The current Spanish regulations treat water are limited but is also dependent on a large 18 INTERNATIONALsupply and the BAR waste ASSOCIATION water sewage LEGAL systems PRACTICE DIVISION volume of water given its high population and treatment plants as independent activities density and significant tourism, industry and and assume that these activities are operated agricultural sectors. separately from each other. However, this On the other hand, Spanish public approach can restrict the potential benefits authorities are under an obligation to ensure and synergies of the treatment of both that waste water is adequately treated and activities as a part of an integrated system.

18 INTERNATIONAL BAR ASSOCIATION LEGAL PRACTICE DIVISION