The Ohio River Basin covers a region of 204,000 square miles, consisting of the ancestral and historical homelands of more than 40 federally recognized Tribal Nations, as well as those of the Tribal Nations currently within the basin, the Eastern Band of Cherokee Indians and the Seneca Nation of Indians. The Basin encompasses portions of 14 states including Alabama, Georgia, Kentucky, Illinois, Indiana, Maryland, Mississippi, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia and West Virginia.

The draft report, seeks to address several threats to local waters including inadequate water infrastructure, toxic pollution, nonpoint source pollution, mining issues, hydrologic modification, loss of habitat, invasive species and extreme weather and flooding.

“Everyone deserves access to clean, safe and affordable water, yet too many communities continue to have to worry about their children’s and seniors’ health due to point and non-point source impacts of their ground water and recreational waterways,” said Ted Smith, director of the Center for Healthy Air, Water and Soil, a part of UofL’s Christina Lee Brown Envirome Institute. “We see this as an important and needed step to make communities healthier, safer and more prosperous. Combined with other efforts, restoration investments can ultimately contribute to better health outcomes for people in the region.”

The Envirome Institute, in particular the Center for Healthy Air, Water and Soil, contributed substantial content to the report, with a focus on the importance of restoration of the Ohio River Basin as part of supporting community health. UofL faculty led the environmental human health risk analysis in the plan, building off their previously published work on environmental vulnerability analysis and the place-based health framework in place at UofL. 

Among concerns raised by Envirome are the 327 Superfund sites within the basin that have yet to be fully remediated. With historic flooding in Kentucky in recent years, these sites put our water system at risk for increased pollution. Additional issues include agricultural system runoff and heavy metals contamination related to power generation.

“One recent development is the great pressure being placed on fresh water sources in the basin to cool large-scale data centers. Clean water has never been more important to the health and security of this basin,” Smith said.

Comments on the report can be submitted through July 18. A public engagement session will be held in Louisville June 25, 6-7:30 p.m. at St. Matthew’s Episcopal Church, 330 North Hubbards Ln. Additional opportunities can be found on the , including in-person events across the region and a public webinar on June 12.

“We all have a role to play in the restoration and protection of the natural resources that make this region such a special place,” said Harry Stone, past chair of the Ohio River Basin Alliance. “Through collaboration and trust we are putting together a roadmap to improve our environment, our health and our local economies. By continuing to work together, we can secure a healthier environment and a better future for all of the people who call this region home.”

Once finalized, the report will be provided to members of Congress.

Background

Despite progress over the past 50 years to restore the region’s waters by local, state, Tribal and federal partners, serious threats remain: 69 percent of assessed stream miles and 64 percent of lakes in the region do not meet water quality standards due to a variety of pollutants. The report provides a case statement for increased collaboration with, and engagement by, the federal government to accelerate progress in addressing water quality concerns. The report recommends:

• Increasing federal investment in proven restoration actions
• Increasing monitoring and research to guide future actions
• Increasing coordination across the region to manage ecosystems holistically
• Increasing technical assistance to ensure local communities benefit from restoration actions

The plan supports solutions for cleaning up pollution, reducing runoff, restoring wildlife habitat, modernizing water infrastructure, mitigating the impacts of floods and the prevention of non-native, invasive species.

But the Brandeis School of Law at the University of Louisville is trying to change these statistics by addressing barriers to opportunities and providing mentorship to create greater equity, embracing the Cardinal Principles of leadership, diversity and inclusion.

Cameron Lyons and Lauren Neal, both second-year law students of color, are engaged in unique summer experiences. Lyons is taking part in a fellowship with the National Wildlife Federation. One issue he’s helping tackle is equitable access to the Land and Water Conservation Fund that he hopes will result in more outdoor recreation opportunities in disadvantaged areas.

“It is important to have diverse representation in environmental law for the same reason it is important to have diversity in any field – perspective,” Lyons said. “At the local, state and federal levels, attorneys of color contribute a unique perspective that safeguards the environment with respects to vulnerable segments of the population.”

Neal is a community engagement intern for Kentucky Waterways Alliance and a legal intern for the Kentucky Equal Justice Center. She is creating relationships between KWA and communities of color within Kentucky to give underrepresented communities a voice in planning about water sources. Her work with KEJC involves legal research and writing to help impact litigation and legislative (state and local) housing and consumer law issues within Kentucky.  

“Representation can make a world of difference when it comes to bridging the gap of communication so that the cycle of exclusivity and marginalization stops. Having a seat at the table allows for those conditions to be replaced by the empowerment of being present and, moreover, being genuinely heard in shaping the conversations about the environmental injustices that affect these communities,” Neal said.

Behind every great student is a great teacher

Both students credit Tony Arnold, Brandeis law professor and Boehl Chair in Property and Land Use, for mentoring them and making the connections needed to land their summer experiences.

“Professor Arnold has been the biggest mentor and encourager when it comes to my pursuits. He has been an amazing guide and wealth of knowledge on how to pursue my dreams – a true inspiration who has kept me motivated through a lot of tough times,” Lyons said.

Arnold says when law students of color become interested in environmental law and related fields like land use and natural resources, they need mentors who will encourage their interests and connect them to valuable opportunities in the field. 

“Too often Black and Latinx law students are steered, sometimes subtly and sometimes not-so subtly, to fields that are perceived to be most salient to communities of color, such as civil rights, criminal law and affordable housing law, or to fields that are high-paying, such as corporate law or major litigation,” Arnold said.

Although UofL’s Brandeis School of Law has a small environmental law program, mentoring is one of several reasons for the success in connecting law students of color to the niche.

Arnold says aspects of race and ethnicity are integrated into all courses in related fields of environmental, land use and natural resources law. This allows students to explore the ways in which environmental conservation and racial justice are interconnected.

In addition, Arnold’s research has influenced not only knowledge but also public policy and activism, which led to creation of the law school’s Resilience Justice Project. He has been involved in many community issues, including service on the board of the West Jefferson County Community Task Force, and has collaborated with the late Robert Garcia of in Los Angeles. Garcia was one of the nation’s top Latino environmental leaders and one of Arnold’s mentors.

Students have opportunities to work with Arnold on this research. Most recently, half of the co-authors of his most recent article, “Resilience Justice and Community-Based Green and Blue Infrastructure,” are current or former students of color.

“Our students get lots of personalized attention, support and encouragement,” Arnold said. “All students, but especially our students of color, need to know their professors are invested in them and their educational and professional development.”