DRAFT FOR DISCUSSION, NOT FOR CITATION. Lead in the Water:

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1 Lead in the Water: How Environmental Organizations, Independent Experts and Citizens Addressed Regulatory Failures in Flint, MI Mark Templeton University of Chicago March 4, 2016

2 Overview Approach and caveats Factual situation Legal responsibilities Regulatory failures How environmental organizations, independent experts and citizens provided leadership and contributed to governance Limits on what these entities and individuals can do

3 Approach and caveats Case study All facts not known Health issues not in dispute A launching point for investigating the reasons for failures of regulatory oversight and the opportunities and limitations of citizens to participate in governance

Factual situation: Flint, Michigan Majority-minority city In 2010, 57% of the population was African- American, 37% White, and 4% other Non-Hispanic whites share of population has fallen from 70% in

4 Factual situation: Flint, Michigan Majority-minority city In 2010, 57% of the population was African- American, 37% White, and 4% other Non-Hispanic whites share of population has fallen from 70% in 1970 High levels of poverty: 41% of residents below poverty line Only one other city of similar size (~100,000 residents) has higher percentage Severe municipal financial problems has led the state to appoint an emergency financial administrator twice High background levels of pollution

Factual situation: Flint s drinking water To save approximately $10 million per year, emergency manager approved switch from Detroit water to Flint River as source for Flint s drinking water system

5 Factual situation: Flint s drinking water To save approximately $10 million per year, emergency manager approved switch from Detroit water to Flint River as source for Flint s drinking water system Water was discolored, tasted badly, had high levels of bacteria Citizens protested Elected officials wanted to switch back Flint water system operators and consultants said water meets state and federal standards Emergency manager rejected calls to switch back

6 Factual situation: Lead in Flint s drinking water High lead found in drinking water of Ms. Walters, who contacted US EPA Additional tests revealed additional problems Learned later that municipal water officials threw out other high results US EPA regional manager expressed concern to his supervisors and Michigan Department of Environmental Quality (MDEQ) that problem was widespread Concerns downplayed or dismissed by US EPA Regional Administrator Flint water system operator and officials MDEQ personnel Michigan politicians

Legal responsibilities Safe Drinking Water Act and Lead & Copper Rule MCLG: 0 parts per billion (ppb) for lead MCL: Action required when 10% or more of samples above 15 ppb

7 Legal responsibilities Safe Drinking Water Act and Lead & Copper Rule MCLG: 0 parts per billion (ppb) for lead MCL: Action required when 10% or more of samples above 15 ppb Anticorrosion treatment Testing Notification MDEQ primacy US EPA as backstop Can intervene 30 days after notice Can intervene immediately if imminent and substantial endangerment

8 Potential rationales for regulatory failures MDEQ-level Lack of understanding of the law Focus on other problems with Flint s water Focus on legal compliance Uncertainty of meaning of test results Focus on relative improvement Desensitized Limited resources Lack of concern about poor, racial minority area Political pressure not to act Lack of information at leadership levels U.S. EPA-level Focus on legal compliance Uncertainty of meaning of test results Sympathy for bureaucrats at other level

Legal FOIA Open Meetings Act Lawsuits Lead & Copper Rule reform Engagement with

9 Environmental organization, independent expert, and citizen engagement in governance Technical Virginia Tech University water quality survey Lead in children s blood survey Legal FOIA Open Meetings Act Lawsuits Lead & Copper Rule reform Engagement with officials and the public Private and public meetings Demonstrations Testimony to U.S. Congress Media

10 Assessment of environmental organization, expert, and citizen engagement in governance Potential Rationale for regulatory failings: MDEQ-level Uncertainty / lack of clarity Meaning of test results Understanding of the law Misplaced focus Focus on other problems with Flint s water Focus on legal compliance Focus on relative improvement Desensitized Lack of concern about poor, racial minority area Limited resources Political pressure not to act U.S. EPA-level Focus on legal compliance Uncertainty of meaning of test results Sympathy for bureaucrats at other level Responses: Analyzed other data, gathered additional data, publicized the findings, rebutted the legal arguments Drew attention to the additional problems, focused on the present public health aspects, forced attention to the community Forced resources to go to this issue Created political pressure to act Drew attention to the health problems Provided additional data Raised pressure to enforce its responsibilities, forced reconsideration of the legal arguments against oversight

11 Potential and actual difficulties of organizational, expert, and citizen participation in governance Potential difficulties: Consumption of government resources to be responsive to good governance laws Poor understanding of risk, cost-benefit analysis Organizational / personal aggrandizement Actual difficulties: Not ex ante Dismissed as political Requires resources and expertise, which are limited Modest initial understanding of risk, cost-benefit analysis

FLINT MICHIGAN LEAD INCIDENT WHAT HAPPENED AND LEASONS LEARNT. Melita Stevens. Dr Melita Stevens, Principal Scientist, Melbourne Water

FLINT MICHIGAN LEAD INCIDENT WHAT HAPPENED AND LEASONS LEARNT Paper Presented by: Melita Stevens Author: Dr Melita Stevens, Principal Scientist, Melbourne Water 79 th Annual WIOA Victorian Water Industry