Case Description

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Geolocation:	42° 4' 0.7867", -81° 20' 23.789"
Total Population	3535,000,000 millionmillion
Total Area	244,106 km"km" is not declared as a valid unit of measurement for this property. km²
Climate Descriptors	Continental (Köppen D-type)
Predominent Land Use Descriptors	agricultural- cropland and pasture, conservation lands, urban- high density
Important Uses of Water	Agriculture or Irrigation, Domestic/Urban Supply, Fisheries - farmed, Industry - consumptive use, Recreation or Tourism

Summary

The current management structure of the Great Lakes is the product of a fifty-year history of formal agreements between Canada and the United States. The agreements reflect changing understandings of the sources of pollution, evolving beliefs on the role of local stakeholder engagement, and varying levels of political will to commit resources to environmental efforts in Canada and the U.S.

Unfortunately, the Great Lakes have suffered a long history of pollution, encroachment by invasive species, and habitat degradation (USEPA). The United States and Canada have sought to mitigate these environmental concerns through a series of Water Quality Agreements since 1972. As Botts and Muldoon (2005) argue, these agreements represent “the first success in dealing with a major environmental problem across an international border” (4) and reflect both the close relationship between the two countries as well as their abilities to move past key political and cultural differences. While these agreements have arguably made a real impact on the water quality of the Great Lakes, there continues to be a great deal of stress on the lakes from high levels of pollutants.

The extent of stakeholder engagement has been uneven over the years, but has generally increased over time. In the early years, the lack of public involvement in the negotiation of the Great Lakes Water Quality Agreements (GLWQA) was less controversial because mitigation efforts were narrower. At that time, scientists linked pollution primarily to poor sewage treatment systems and phosphates in detergents. In the United States (through the Clean Water Act) and Canada (through the Canada-Ontario Agreement) both federal governments committed substantial resources to mitigation efforts, placing fewer burdens on local actors. Over time, the prevailing knowledge of pollution changed. Scientists now understand that pollutants come from fertilizers, construction activities, storm water runoff, combined sewer overflows, atmospheric depositions, and sediments (LEEP, 2014). Such a complex set of pollutants means that a broader range of stakeholders must be involved in the mitigation activities. While involving more players in implementing the obligations under the GLWQA makes sense, the federal government must provide enough funding to support these efforts. This is especially true if the federal governments do not allow local actors to participate in negotiations on the very agreements that dictate the obligations they expect local actors to fulfill. Recently, however, the track record for doing this is mixed.

Natural, Historic, Economic, Regional, and Political Framework

Background

Made up of Lake Superior, Michigan, Huron, Erie and Ontario, the Great Lakes are the largest freshwater system on Earth. They span more than 750 miles along the border between Canada and the United States and serve as an important resource for consumption, transportation, power, and recreation (USEPA, 2012). About 24 million people in the United States (8% of the U.S. population) and 9.8 million people in Canada (32% of Canada’s population) rely on the Great Lakes for water and jobs (University of Wisconsin SeaGrant, 2013).

The Great Lakes and their associated basins share a complex border that incorporates multiple jurisdictions and players. At the national level, the Great Lakes cross the Canadian and the United States border. Their watershed incorporates eight U.S. states and two Canadian provinces. At the municipal level, many cities draw on the lakes including Chicago, Toronto, Cleveland, Toledo, Detroit, and Buffalo. The Great Lakes are also home to various tribal groups and first nations within both countries. All of these parties contribute to the contamination of the Great Lakes and therefore must play a role in mitigation efforts.

Additionally, many non-governmental groups have a stake in the management of water quality in the Great Lakes. Many pollutants come from industrial and agricultural activities, a fact which has resulted in efforts to regulate these industries. Additionally, environmental groups are active in pushing for higher water quality standards.

Governance Structure

The management of water quality in the Great Lake is significantly more complicated than the management of water levels within the Great Lakes, because there is no single body in charge of implementing or enforcing water quality objectives. Federal officials from the United States and Canada agree to the terms of the bilateral agreements. Loosely, a binational body called the International Joint Commission (IJC), consisting of six commissioners (three from the United States and three from Canada) monitors and evaluates the water quality within the Great Lakes. The International Joint Commission then makes recommendations to each nation. Other federal, state, and local actors conduct the actual day-to-day pollution mitigation work.

These GLWQA agreements ultimately are not planning documents, which mean that other actors must devise the actual strategies and mechanisms to reach the agreed-upon objectives. This is less controversial when the actor in charge of implementation is the federal government (or when funding from the federal government is plentiful). However, when obligations fall to more local actors, fulfilling these federal obligations is more contentious.

The Boundary Water Treaty of 1909 and the International Joint Commission

The binational management structure of the Great Lakes (and all other water bodies along the Canadian and the United States border) dates back to the Boundary Water Treaty of 1909. This treaty commits both nations to mitigating pollution due to one line within the treaty that reads: “boundary waters and waters flowing across the boundary shall not be polluted on either side to the injury of health or property on the other” (Article IV Boundary Water Treaty of 1909). While this lays the groundwork for the water quality agreements, it does not specify who will be in charge of actually managing mitigation efforts.

This treaty also established the International Joint Commission (IJC). While the treaty and subsequent agreements clearly designated that the IJC has the authority to manage water levels within the Great Lakes, it is much less clear on the IJC’s role in managing water quality (Yoskowitz, 2005). What the Boundary Waters Treaty does allow the IJC to do is research water quality issues. Article XI of the Boundary Water Treaty specifically grants the IJC power to investigate issues and make recommendations to both nations’ governments. When asked to make a recommendation on a specific issue the IJC “appoints a board with equal numbers of experts from each country” who are “chosen for their professional abilities” rather than as representatives of stakeholders (IJC, 2014). Historically, both Canada and the United States have been receptive to these experts’ suggestions and attest that this expert driven joint fact-finding method has been key to avoiding disputes (Botts and Muldoon).

One former commissioner explained that, without formal decision-making authority, the IJC’s main function with regard to water quality is to act as a bully pulpit to encourage federal action when needed (specifically, they make recommendation on when the existing GLWQA needs updating). They also monitor and support implementation action at the state and local level (IJC; Former U.S. Commissioner, personal communication, May 2014).

The first GLWQA in 1972 created the Great Lakes Regional Office and the Water Quality Board within the IJC to act as the monitoring and evaluation body representing both nations. The exact role of these bodies has changed over time. Currently the Water Quality Board is in charge of making formal recommendations to the IJC. Importantly, the Water Quality Board has become increasingly representative, and now includes representatives of the states, municipalities, the private and non-profit sectors, and tribal groups. The Great Lakes Regional Office is largely a research institution, an oversight body, and a convener of stakeholders (Botts and Muldoon).

Canadian Actors

Environment Canada is the prime federal agency that represents Canada in bilateral negotiations and is nominally in charge of implementing the GLWQA. In 1972, the federal government signed the Canada-Ontario Agreement, which stipulates that Ontario is in charge of carrying out the mitigation obligations but will be supported with funding from the federal government. Quebec also plays a role in implementation, but the relationship is not defined by a formal agreement between the federal government and the province (Botts and Muldoon).

U.S. Actors

Deriving from the Clean Water Act first passed in 1972, the lead actor in charge of implementing and negotiating the GLWQA in the United States is the U.S. Environmental Protection Agency (USEPA). Currently, the Federal Government signs the agreements and provides some funding for implementation, but ultimate authority to set and enforce water quality standards is delegated to the states. Much of the implementation processes filters down another layer to the cities that have historically been blamed for a large share of pollutants (though this blame is shifting to weigh more heavily on the agriculture industry). Historically, both states and municipal governments have complained that the GLWQA creates unfunded mandates (Botts and Muldoon).

The Problem:

Pollution issues within the Great Lakes have long been a problem. Public awareness of pollution began in both Canada and the United States following World War II. In 1956 the United States proposed, and Canada agreed to, a request for the IJC to investigate pollution of Lake Erie, Lake Ontario, and the St. Lawrence River. This was later expanded to an even broader study of both water quality and quantity within the lakes due to concerns that water quantity had hit historic lows in the 1960s. Regarding water quality, researchers found that excessive levels of phosphorus contaminated Lake Erie and Lake Ontario, which increased algae growth and depleted oxygen levels. Reacting to these reports, and to an increasingly vocal and concerned public that had embraced the environmental movement of the 1970s, the IJC issued a final report in 1970 recommending a cleanup effort.

1972 GLWQA

The IJC’s report was used to inform bilateral negotiations between the United States and Canada, resulting in the 1972 GLWQA signed by U.S. President Nixon and Canadian Prime Minister Trudeau. One of the primary areas of disagreement was on the allocation of the right to pollute. Canada argued that it should be allowed to pollute up to 50% of the amount the lakes could withstand, which would mean that the United States had to take on a greater burden of implementing new pollution control measures. Canada, which already had a federal ban on phosphates, proposed a more aggressive phosphate reduction proposal than the United States was ultimately willing to accept. In the end the two countries agreed on a slightly weaker schedule for reduction of phosphorous loading (Carroll, 1983).

This agreement also expanded the role of the IJC to include “collation, analysis, dissemination of data relative to water quality objectives and programs, for giving advice and recommendation to government, and for coordinating joint activities including research” (Carroll, 132). To fulfill these new functions the IJC established The Great Lakes Water Quality Board, which was made up of federal and state/provincial representatives. While this board advises on, monitors, and assesses the water quality within the Great Lakes, the actual responsibility for pollution control remained the obligation of private citizens, municipal governments, state and provincial leadership, and/or federal offices in each country (Carroll, 1983).

Overall, the success of this agreement was mixed. It created a common dialogue about binational control of pollution while allowing each nation to manage the solutions within its own political system. It also compelled both federal governments to commit funding to mitigation efforts. This did result in some reduction of phosphates within the Great Lakes. It also propelled gains in scientific understanding of pollutants and their effects. Use of the IJC to monitor the lakes created more accountability between governments. However, the lack of enforcement capabilities left the IJC with little power to force action on their recommendations (Botts and Muldoon).

1978 GLWQA

The 1972 agreement required that after five years the parties would “review the operation and effectiveness” of the original agreement. This gave the governments an opportunity to act on findings from the inflow of funding and research on The Great Lakes resulting from the 1972 agreement. Of particular salience, scientists found that the presence of polychlorinated biphenyls (PCBs) in fish in the Great Lakes was a threat to human health and put the fishing industry in jeopardy. Even more, scientist came to recognize the fallacy that pollutants were exclusively the result of “direct discharge of industrial wastes into waterways or into the air” (Botts and Muldoon, 55). This realization meant that simply preventing spills alone would not be enough to clean up the Great Lakes.

Unlike 1972, this agreement was largely negotiated behind closed doors. Neither the public nor the IJC were party to the agreements. Instead, the State Department, U.S. Environmental Protection Agency, Environment Canada, and the Department of External Affairs led the negotiations. Within these meetings, representatives from the United States pushed Canada to adopt an industrial pollution control program rather than tailor discharge to the assimilative capacity of the receiving water. The United States also wanted Canada to adopt basin-wide water quality standards. Canada rejected both, stating that it should be allowed to meet common objectives through its own methods (Botts and Muldoon).

The United States also wanted to eliminate the IJC’s Great Lakes Regional Office in Windsor, which Canada did not allow. Instead, the two sides agreed to limit the regional office’s role to technical assistance and require that the appointed portion of the IJC be in charge of public information. In 1979, the IJC established a standing committee to assist in providing public information, which “stressed that information ought to be provided while studies and activities are being carried out, not just after decisions are made” (Botts and Muldoon, 78). The following years saw a rise in civic activity and environmental organizations within the Great Lakes region.

The final agreement took an ecosystem approach to management that would be more integrative than the previous point-source pollution focused approach. It also agreed to “virtual elimination” of toxic substance discharges. While both of these concepts persist, their meanings were not well defined in this agreement and have been contested over the years (Botts and Muldoon).

1987 GLWQA

The Most Recent Agreement

Attempts at Conflict Management

Outcome

The Aftermath

Issues and Stakeholders

Participants in Water Management:

1) Environmental Protection Agency: Represents the United States in Great Lakes Water Quality Agreements (GLWQA). Sets national minimum water quality standards. Helps provide funding for water quality obligations in addition to those designated by Congress.

2) Environment Canada: Represents Canada in GLWQA. Provides funding assistance to Provinces.

3) International Joint Commission (IJC): Consists of 3 commissioners appointed by United States government and 3 commissioners appointed by Canadian government. Oversees the implementation process of the GLWQA. Reviews and monitors the health of the Great Lakes. Provides recommendations to the United States and Canadian Governments. Receives public feedback and organizes stakeholder engagement processes.

Water Quality Advisory Board: Includes federal, provincial, state, tribal, and municipal representation. Also includes members representing agriculture and business interests, and environmental non-governmental groups from each country. Serves as principle advisor to the commission. Makes periodic reports and recommendations to the IJC regarding water quality in the Great Lakes.

Great Lakes Regional Office: Made up of a binational staff of primarily scientists. Carries out scientific and technical investigations into Great Lakes Water Quality. Oversees Areas of Concern and Lake-wide Management Plans. Also provides administrative services for the IJC

4) 8 U.S. Bordering States: Includes Minnesota, Wisconsin, Illinois, Indiana, Michigan, Ohio, Pennsylvania, and New York. State governments are in charge of implementing actions to meet federal obligations. States are particularly concerned with preventing unfunded mandates. Some states would like to participate in policy and agenda setting.

5) Quebec and Ontario: These provinces are in charge of implementing actions to meet federal requirements. There is a formal agreement between the Canadian Government and Ontario, which stipulated that Ontario will be in charge of program design and implementation but will receive necessary funds from federal government.

6) Municipal Governments: Cities are in charge of implementing actions to meet federal and state/provincial requirements. Mayors from municipalities in both Canada and the Great Lakes are organized through the Great Lakes and St. Lawrence Cities Initiative since 2003 to better coordinate city interests and meet requirements. Cities are particularly concerned with preventing unfunded mandates.

7) Tribal Governments: Tribal governments and first nations are increasingly interested in seeking recognition as an interested party in the management of the Great Lakes. While they appear to be only loosely organized, some tribal groups depend on the Great Lakes for important economic and cultural needs.

8) Agricultural Groups: While urban areas were the traditional targets for pollution controls, increasingly scientists are realizing that phosphates are entering the Great Lakes from fertilizers used by those in agriculture. Therefore, agricultural groups are becoming increasingly concerned about impending regulations.

9) Business Interests: Business groups are primarily concerned with minimizing regulations, especially for those involved in the chemical industries. Instead, they would prefer the government to take on the burden of meeting their voluntary commitments.

10) Environmental Groups: Environmental groups are concerned with improving water quality, protecting fish habitats, and addressing climate change.

Participants in Water Management:

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