Summer 2023 • Issue 18

Legal Frameworks

Published August 2023

Focusing on Legal Frameworks, this issue navigates the complex intersection of water policy, rights, and environmental protection within the Great Lakes basin. It examines critical shifts such as the impacts of the Sackett v. EPA ruling on wetland protections and contrasts national strategies, including Canada’s strengthened freshwater agenda against regulatory setbacks in Ontario. Through discussions on river rights, public trust doctrines, and restoration funding, the content emphasizes the urgent need for robust legal structures to safeguard freshwater resources amid evolving political and judicial landscapes.

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Features

Ontario moves backward on land and water protections in the Great Lakes basin

Ontario's Bill 23 (More Homes Built Faster Act) dismantles environmental protections and the Greenbelt, threatening watersheds and water quality in the Great Lakes basin despite public opposition.

Sackett v. EPA ruling puts half of U.S. wetlands at risk

The Supreme Court's Sackett v. EPA decision removes federal protection from many wetlands, posing a significant threat to Great Lakes water quality, though some states like Michigan and Wisconsin have stronger laws.

A look at Great Lakes Restoration Initiative funding

A congressional perspective on the robust year-over-year funding for the Great Lakes Restoration Initiative, highlighting its critical role in science-based restoration and community revitalization.

Canada's strengthened freshwater agenda and historic Great Lakes investment

Canada announces a historic C$420 million investment in the Great Lakes and a new Canada Water Agency to strengthen freshwater management, restore Areas of Concern, and modernize the Canada Water Act.

Watershed science and the public trust doctrine

Integrating watershed science with the public trust doctrine offers a legal and scientific framework to protect Great Lakes water quality and prevent impairment from upstream activities.

Talking Rivers

The "Rights of Nature" movement is critiqued from an Indigenous perspective, arguing that the St. Lawrence River (Kaniatarowanénhne) is already a relative with agency, requiring responsibility rather than bestowed rights.

Departments

Book Review

Turning the Tide: A Call to Collective Action

A review of the Global Commission on the Economics of Water's report "Turning the Tide," which outlines a seven-step call to action to revalue water as a global commons and address the global water crisis.

In Memoriam

Michael Fraker

A tribute to Michael Fraker (1978–2023), a dedicated researcher and mentor in Great Lakes science who passed away in 2023, remembered for his ecological modeling expertise and commitment to student research.

Member Spotlight

Jordanna Bergman

Jordanna Bergman investigates the ecological connectivity of the Rideau Canal Waterway, studying how anthropogenic barriers affect native and invasive fish movements to support conservation strategies.