Rosenbloom: Catching Nutrients in a Net
In Catching Nutrients in a Net: Collective Action, Institutional Impediments, and the Mississippi River Watershed, Jonathan Rosenbloom (Albany Law) investigates the role of local governments in the regulation of pollution in the Mississippi River watershed. In his analysis, Rosenbloom goes beyond the traditional “tragedy of the commons” explanation for local government action and instead looks to the dynamics of federal and state regulations that preempt local governments.
Using a model that encompasses both vertical regulatory coordination as well as horizontal self-coordination, Rosenbloom explains that local governments are subject to both federal and state regulatory power, such as the federal Clean Water Act. Rosenbloom points out that these federal and state regulations often fail to effectively regulate nutrient runoff pollution from agricultural activities, creating issues for the agriculture-dense Mississippi River watershed.
Rosenbloom next focuses on Iowa and its local government authorities as a case study for the regulatory dynamics impacting the watershed. In response to an attempt by a local government to protect the watershed, the Iowa Supreme Court struck down an ordinance that imposed a runoff regulation stricter than that of the applicable state law. Since one could comply with state law without complying with the local ordinance, the local ordinance was preempted. Additionally, in a 2017 case, the Iowa Supreme Court ruled against the Des Moines Water Works in its efforts to curtail nutrient runoff of local farmlands.
In response to the preemptive barriers faced by local governments, Rosenbloom makes several policy recommendations that could allow local governments to mitigate nutrient pollution and improve water quality through diverse and creative methods. These policy recommendations leverage existing local government authority over vegetation, soil, and water management to maneuver federal and state preemption challenges. While not a total solution to the greater issue of watershed management, these policy initiatives can allow local governments to play a crucial role in efforts to safeguard the Mississippi River watershed in the face of escalating environmental threats.
