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UC Davis Law School’s Environs: Environmental Law and Policy Journal Published “Solving the Phosphorus Paradox: Five States’ Approaches to Restoring Nutrient Impaired Surface Water Quality”

Phosphorus pollution in our nation’s surface waters causes harmful algal blooms that impair water quality, harm aquatic life, reduce recreation, and pose a threat to public health. Considered among the most widespread and costly water problems, phosphorus pollution comes from a variety of sources, ranging from municipal wastewater treatment plants to agriculture. In the United States, the federal government, states, and Tribes share the responsibility of controlling phosphorus pollution by setting water quality standards, regulating pollution discharges with permit programs, and managing nonpoint runoff.  

Phosphorus pollution is most effectively managed through numeric water quality criteria, which offer a way to more clearly evaluate reductions of phosphorus pollution in water. As of 2023, however, only five states have established nutrient criteria for two or more water types.  

This law review article: 

  • analyzes and compares the five states with the most comprehensive nutrient criteria to evaluate phosphorus management strategies, emphasizing Wisconsin’s approach, as it is considered a leader in the nation; 
  • offers regulatory context by discussing the cooperative governance between the Environmental Protection Agency, states, and Tribes in phosphorus management under the Clean Water Act;  
  • provides an overarching scientific grounding in the phosphorus paradox, problems with legacy phosphorus that linger long after over-applying fertilizer on agricultural lands, and climate change’s role of intensifying runoff problems; and 
  •  argues solving the phosphorus paradox requires transformative approaches to agriculture that go beyond the current legal framework.

Read the research:

Anya Janssen and Melissa Scanlan, Solving the Phosphorus Paradox: Five States’ Approaches to Restoring Nutrient Impaired Surface Water,

Building Communication Bridges Between Shoreline Anglers and Policymakers

Joe Bevington, Master’s candidate and the Center for Water Policy’s Water Policy and Science Communication Fellow at the UW-Milwaukee School of Freshwater Sciences, conducted thesis research focused on bridging communication gaps between shoreline anglers and policymakers. This study surveyed Milwaukee County’s diverse shoreline angling community, their preferences, motivations, and sources of information, aiming to enhance their involvement in DNR policy processes. The results of this study reveal surprising findings and valuable strategies to improve communications between diverse stakeholders and natural resource policymakers.

Read the thesis .

You can view the thesis presentation .

Citation:

Joseph Bevington, Building Communication Bridges Between Shoreline Anglers and Natural Resource Policymakers, Master’s Thesis, University of Wisconsin – Milwaukee Publications (2024).

Net Zero Water Utilities

Graduate students in Professor Melissa Scanlan’s Freshwater Practicum course at the School of Freshwater Sciences worked in a multi-disciplinary consulting team to help the Great Lakes and St. Lawrence Cities Initiative support water utilities achieve net zero greenhouse gas emissions. The student consultants produced a report that offers a thorough assessment of greenhouse gas emissions in the water industry, highlighting wastewater treatment as a significant area for emission reductions. Key strategies from this report include upgrading wastewater facilities with anaerobic digesters, using biosolids as fertilizers, installing renewable energy sources like solar panels and wind turbines, and implementing green infrastructure to manage stormwater. The report reviews case studies from leading municipalities, identifies policy barriers and supports, as well as funding opportunities, and provides actionable recommendations. By leveraging these insights, water utilities will be better equipped to transition to sustainable practices, ultimately contributing to the broader national goal of net zero emissions.

Read the full story here.

Achieving Net Zero in the Water Sector report here

Citation:  

Cody Crist, Carley DeLong, Alex Gregory, Isaac McCready and Alex Miller, Achieving Net Zero in the Water Sector, University of Wisconsin – Milwaukee Publications (2024).

Center for Water Policy and Freshwater Collaborative of Wisconsin Hosted Earth Month Webinar – From FAIR Data Principles to Indigenous Sustainable Water Resources Management

The Center for Water Policy hosted a virtual Earth Month webinar featuring its 2023-2024 Water Policy Scholar Dr. Grace Bulltail and Research Associate Dr. Parisa Sarzaeim. They spoke on the availability and quality of publicly available tribal-led water-climate-environment (WCE) nexus databases on reservations and tribal lands in the U.S., showcasing the FAIRification process (Findability, Accessibility, Interoperability, and Reusability) of digital tribal WCE databases.

Dr. Bulltail is an Associate Professor at the University of Wisconsin – Madison’s Nelson Institute for Environmental Studies. Her research covers the disciplines of water resource engineering, natural resource management, land use, water quality science, and environmental justice in Indigenous communities. She focused her studies to tribal lands and federally reserved lands where water resources are governed by sovereign tribal nations.

Water resources management on Indigenous lands in the U.S. is a complex issue caused by the lack of high-quality and easily accessible databases. Data availability, discoverability, and accessibility are some of the critical missing pieces of the data sovereignty puzzle and sustainability toward environmental justice for Indigenous communities in the U.S.

This event was co-hosted by the Freshwater Collaborative of Wisconsin and is part of a quarterly online water symposium series in partnership with the Great Lakes Higher Education Consortium and Council of the Great Lakes Region.

Water Policy Specialists Rajpreet Grewal and Cora Sutherland Presenting at the Michigan State University Animal & Natural Resources Law Review Symposium on March 15th, 2024

Michigan State University’s Animal & Natural Resources Law Review is hosting its 2024 virtual Symposium, “Navigating Waters: Legal and Policy Perspectives on Great Lakes Conservation and Management”.  The symposium will center on the legal and policy issues related to conserving and managing the Great Lakes, placing special attention on tackling emerging threats and promoting sustainable practices in the region. Rajpreet Grewal will be presenting on the issue of phosphorus contamination of surface waters and how this ties to HABs and agricultural practices, and the 2023 Phosphorous Conference. Cora Sutherland will be discussing the current state and future potential of Great Lakes off-shore wind power.

Click to RSVP

University of Michigan’s Journal of Environmental and Administrative Law Published “Got Lead in Your Water? The Bipartisan Infrastructure Law May Be Poised to Help”

Humans have no known safe level of exposure to lead. Blood lead levels have devastating consequences, especially for children, affecting their brain development and almost every organ in their bodies. Various government organizations have enacted measures to combat lead contamination in drinking water and its dangerous human health consequences by replacing lead service lines. At the federal level, the Lead and Copper Rule has set deadlines for identifying lead lines and taking remedial action over extended periods of time. At the state level, governments have programs to fund the replacement of lead service lines in their communities, but these funds often fall short of their needs. While these efforts have reduced the problem of lead contamination in drinking water, many of the remaining lead service lines in the U.S. are found buried under aging cities, often with low-income populations.  Litigation brought by public interest groups has spurred faster replacement, but this has only been deployed in a handful of cities.  The greater leverage point is increased federal funding to eradicate the problem. In 2021, the U.S. Congress passed the Bipartisan Infrastructure Law, signed by President Biden. It included a historically large increase in supplemental funds for the replacement of lead service lines over five years. In early 2023, the Biden-Harris Administration announced a campaign to get lead out of water and accelerate the pace of the solutions. 

Seven out of the top ten U.S. states with the most lead service lines are Great Lakes states. Because the Great Lakes are ringed by cities with a high concentration of lead service lines for drinking water and tend to have high poverty rates, we focused research on this region to explore the national issue of identifying and replacing lead service lines to protect drinking water quality.

Our law review article examines the:

  • scope of the problem of replacing lead service lines in states in the Great Lakes region,
  • cost estimates of financing their replacement,
  • significant gap between federal funding and estimated costs, and
  • decisions states need to make now to access and effectively spend federal money from the Bipartisan Infrastructure Law to remove lead from the water of the nation’s disadvantaged communities.

*Update* In October 2024, the final Lead and Copper Rule Improvements that require all lead pipes to be removed within 10 years of the compliance date. This is a significant change from current policy.

Read the research:

Andrian Lee and Melissa Scanlan, Got Lead in Your Water? The Bipartisan Infrastructure Law May Be Poised to Help,

Director Melissa Scanlan Featured on WPR to Discuss Indiana Bill That Loosens Wetland Regulations

Director Melissa Scanlan was interviewed by Wisconsin Public Radio’s Rob Ferrett to discuss a new bill fast-tracked through the Indiana Legislature and signed into law on Monday, February 12. The bill will roll back protections for many of Indiana’s wetlands, and could have much broader impacts on water quality across the Great Lakes and Mississippi River Basins.

Listen to the full interview here: – Wisconsin Public Radio

Director Melissa Scanlan Featured in Media to Discuss Sackett Impacts on Great Lakes, Mississippi River

Map of Sackett vs EPA dispute

The Sackett v. EPA U.S. Supreme Court ruling last year reduced federal jurisdiction over wetland protections, putting the focus on states and tribes. Indiana’s House Bill 1383, signed into law yesterday, eases wetland permitting, drawing criticism from scientists who warn of broader impacts on water quality across state boundaries.

Director Melissa Scanlan was interviewed by the Milwaukee Journal Sentinel’s Caitlin Looby, PhD to discuss.

– The Milwaukee Journal Sentinel

– IndyStar

Director Melissa Scanlan and Water Policy Specialist Andrian Lee Featured in “The Water We Swim In” Podcast to Discuss Federal Funding for Lead Service Line Replacement 

Director Melissa Scanlan and former Water Policy Specialist Andrian Lee were featured in the University of Wisconsin Sea Grant’s The Water We Swim In podcast to discuss the significance of the 2021 Bipartisan Infrastructure Law, and how the money can be directed to the disadvantaged communities who need it most. 

Listen to it , or wherever you get your podcasts! 

Water Policy Publications 2023

In 2023, the Water Policy Program at the UW-Milwaukee School of Freshwater Sciences continued it’s development with the publication of five peer-reviewed articles and five scholarly reports and legal policy briefs. In recognition of the production of these publications, we have developed a 2023 report of Water Policy Publications summarizing and highlighting the cutting-edge research from the program.