Great Lakes Law

Federal court orders the state to deliver bottled water and inform residents about lead contamination in Flint’s drinking water

“In modern society, when we turn on a faucet, we expect safe drinking water to flow out. As the evidence shows, that is no longer the case in Flint. The Flint water crisis has in effect turned back the clock to a time when people traveled to central water sources to fill their buckets and carry the water home.” – U.S. District Court Judge David M. Lawson, Opinion and Order Granting Plaintiffs’ Motion for Preliminary... Read more →

The Flint Water Crisis, KWA and Strategic-Structural Racism – Guest post by Professor Peter Hammer

The following guest post is by my colleague Professor Peter Hammer, Director of the Damon J. Keith Center for Civil Rights at Wayne Law. In his testimony before the Michigan Civil Rights Commission last week, Professor Hammer offers an explanation of the causes and methods behind the Flint water crisis that goes far deeper than the standard account. (The Flint Water Crisis, KWA and Strategic-Structural Racism is also available on SSRN.) He explains why and... Read more →

Transnational Environmental Law Clinic Comments on Proposed Wastewater Treatment Plant

The following student post is by David Furman (B.S. Accounting, Oakland University, J.D., Wayne State University Law School, expected 2015). While in law school, David has clerked at a mid-sized law firm and is currently employed in the regulatory department of an international electrical transmission corporation. David is working as a student attorney this semester in the Transnational Environmental Law Cling. Also, special thanks to former Clinic student Andew Gonyea who worked on this project... Read more →

Water access and shut-offs in Detroit: a legal analysis – guest post by Matthew Clark

Water affordability and access is a complex and contentious issue, even in regions that enjoy a relative abundance of freshwater. Widespread poverty, state tax policy, and years of infrastructure underinvestment have made water shut-offs a pressing challenge in Detroit. This guest post by Matthew Clark summarizes the legal issues and offers some suggestions for policy reform. Matt will be graduating from Wayne Law this spring, and his experience includes clerking with a local law firm,... Read more →

Property rights in wind – lessons from Texas oil, gas, and water law

Alan Alexander, a former student who continues to work with me on several projects, has just published a superb note, “The Texas Wind Estate: Wind as a Natural Resource and a Severable Property Interest.” Looking at Texas, a historic leader in energy law, the note draws lessons from management of other resources such as oil, gas, and water in proposing legal reforms for property rights in wind. This is an increasingly important area of the... Read more →

SEC issues interpretive guidance regarding disclosure of climate change risk

This guest post on the SEC’s new interpretive guidance on disclosure of climate change risk is by Eric Jamison. This topic has not been on the radar for many people involved in water policy, but it is an important new legal development for many water-related businesses, including those involved in water infrastructure and delivery, energy production, and wastewater treatment. Eric is a second year law student at Wayne State and has a background in business... Read more →

The Evolution of the Law and Politics of Water

Apologies for the shameless shilling of a product, but if you are looking for a last-minute holiday gift for the water wonk in your life, consider the new book, The Evolution of the Law and Politics of Water. (I contributed a chapter on the Great Lakes but don’t get any royalties, although I did get one free copy of the book to put on my shelf.) Here’s the description from the publisher (Springer): The Evolution... Read more →