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Renewed Public Investment in Water Infrastructure Promotes Equality

Clean water: We can't take it for granted, as the people of Flint, Michigan, can attest. And they're not alone. In too many communities across the nation, drinking water fails to meet minimum safety standards, forcing consumers to buy bottled water and avoid the stuff coming out of their taps.

We cannot say that we didn't see this coming. Part of the problem is that, as a society, we have always undervalued clean water. Municipal water rates only pass along a fraction of the total cost – the true cost – of the enormously complex endeavor of inserting ourselves into the natural hydrologic cycle. Nature does not recognize the distinction between "drinking water" and "wastewater." Expecting safe and clean drinking water when you put your glass under a tap requires the expensive task of managing water from source to tap to toilet and back.

For much of modern American history, obtaining clean water in sufficient quantities was the principal mission of an army of local, state, and federal officials (literally an Army, in the case of the Corps of Engineers), in part because it allowed for growth. So, we subsidized water rates, invested in water infrastructure, and – eventually – recognized that rapid growth in population and industrialization required regulation of water beyond merely keeping waterways navigable.  But that is ancient history.

The infrastructure of yesterday is aging and needs to be replaced at the same time that many of our public officials have decided it is time for our government to play a smaller and less hands-on role in our lives. So, even as the U.S. Environmental Protection Agency and American Society of Civil Engineers have regularly reminded us of our ever-growing water infrastructure needs, backed up by additional studies conducted by the Government Accountability Office, Congressional Research Service, as well as the private sector, trade groups, and international nongovernmental institutions, policymakers have continued to allow public investments to decline.

Good governance means accepting sound analysis, debating reasonable courses of action, and enacting needed policy changes. Bad governance denies science, dismisses the repeated warnings of experts and advocates, disclaims responsibility for providing basic needs and public goods, and offloads obligations wherever possible to the free market, whether it's a workable strategy or not. And so has dawned the age of the water crisis.

But crises of the Flint variety, those brought on by negligence and an obsession with short-sighted cost cutting, tend to disproportionately affect the most vulnerable in society. Flint's disproportionately low-income residents generally aren't rich enough to load up on bottled water while the government undoes the damage it helped cause to the water supply and infrastructure. It's worth noting, too, that the overall cost of fixing the infrastructure will likely exceed $100 million, a monstrously large sum given that the crisis was triggered by state-appointed emergency managers' efforts to save $2.5 million by cutting corners.

Not only do environmental crises disproportionately affect the most vulnerable people, but they also keep those people vulnerable. The lead in Flint's water, like so many chemicals and toxic pollutants, produces long-lasting health effects that impoverish and alter the course of peoples' lives. Lead, for example, has been linked to everything from learning disabilities to higher crime rates in areas with higher rates of poisoning. In this way, pollution and other environmental harms lead to an inequality of opportunity. 

Of course, these problems are not inevitable. They were created by intentional decisions made by people, and people can come together through government to address and fix them. Just as a strong financial commitment to public school systems can promote greater equality for people of diverse backgrounds and socioeconomic status, a strong investment in environmental and other forms of public infrastructure can level the playing field and provide a solid and equal foundation for everyone.

For example, the end of the 20th century saw a substantial decline in industrial pollution brought about by the creation of basic permitting and regulatory regimes and backed by enforcement sufficient to deter shortcuts, which led most companies to internalize more of the cost of pollution control as part of the cost of doing business. Creating the incentives to internalize environmental externalities, as economists would call them, has proven to be much more cost-effective through prevention than cleaning up after spills, reacting to disasters, and trying to restore degraded environments. 

Moving forward, good governance will require not only a recommitment of focus on regulatory protections in a way that reduces the environmental impact and costs for those most affected by that burden, but also supporting an adequate baseline level of funding for water and other infrastructure that ensures that all Americans – not just the wealthy – can once again rely on basic public goods like clean water.

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Evan Isaacson | May 18, 2016

Renewed Public Investment in Water Infrastructure Promotes Equality

Clean water: We can't take it for granted, as the people of Flint, Michigan, can attest. And they're not alone. In too many communities across the nation, drinking water fails to meet minimum safety standards, forcing consumers to buy bottled water and avoid the stuff coming out of their taps. We cannot say that we […]

James Goodwin | May 17, 2016

Want to Address Economic Inequality? Strengthen the Regulatory System

The growing problem of economic inequality in the United States continues to draw significant attention – and for good reason. By 2011, America’s top 1 percent owned more than 40 percent of the nation’s wealth, and ours ranks as one of the most unequal economies among developed countries. Meanwhile, the median wage rate for workers […]

Rena Steinzor | May 13, 2016

We Need to Get Back to Work

Originally published on RegBlog by CPR Member Scholar Rena Steinzor. Rulemaking has slowed to a crawl throughout the executive branch. If an agency does not have a statutory mandate to undertake such a brutal and resource-intensive process, the choice to accomplish its mission through any other means will be tempting. Of course, if the policy issues are […]

Mollie Rosenzweig | May 12, 2016

Feds Open Criminal Investigation of Dole Listeria Outbreak

The U.S. Department of Justice (DOJ) recently launched a criminal investigation of Dole Food Company, continuing a trend of criminal enforcement against those responsible for deadly food safety lapses. The investigation stems from a Listeria outbreak in bagged salad that sickened 33 people, four of whom died.  Between September 2015 and January 2016, 33 people […]

Katie Tracy | May 11, 2016

New Oxfam Report: Poultry Industry Denies Worker Requests for Bathroom Breaks

Can you imagine working for a boss who refuses you the dignity of taking a bathroom break? According to a revealing new report published today by Oxfam America, denial of bathroom breaks is a very real practice at poultry plants across the country, and line workers at these plants often “wait inordinately long times (an […]

Evan Isaacson | May 10, 2016

Trading Away the Benefits of Green Infrastructure

In the world of watershed restoration, there are multiple tools and tactics that government agencies, private landowners, and industry can use to reduce pollution and clean up our waterways. In Maryland, two of those approaches seem destined to collide. On the first track is nutrient trading, a least-cost pollution control concept predicated on the idea […]

James Goodwin | May 9, 2016

New Study Brings ‘Trickle Down’ Illogic to Regulatory ‘Costs’ Estimates

These days, it seems a week doesn’t go by without some conservative advocacy group releasing a new study that purports to measure the total annual costs of federal regulation. In this case, it’s literally true. Last week, the reliably anti-regulatory Competitive Enterprise Institute (CEI) put out its annual tally, provocatively titled “Ten Thousand Commandments,” which […]

Dave Owen | May 5, 2016

The Surprising Evolution of Federal Stream Protections

Originally published on Environmental Law Prof Blog by CPR Member Scholar Dave Owen. Right now, the United States' second-most-heated environmental controversy—behind only the Clean Power Plan—involves the Clean Water Rule, which seeks to clarify the scope of federal regulatory jurisdiction under the Clean Water Act. According to its many opponents, the rule is one big power grab. […]

Brian Gumm | May 4, 2016

New Paper: Americans Hurt By Forced Arbitration Agreements with Big Banks, Credit Card Companies

NEWS RELEASE: New Paper Shows Americans Hurt By Forced Arbitration Agreements with Big Banks, Credit Card Companies Forthcoming Rule from Consumer Financial Protection Bureau Offers Some Solutions, but More Can Be Done to Protect Consumers Opening a checking account or using a credit card is an essential, everyday activity for many Americans, but most financial […]