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Articles by David Strifling
The Growing Role of Local Governments in Governing Water Resources
With few exceptions, the development and administration of water law (and environmental law more generally) have been the responsibility of either the federal government or the states. In matters related to the control of water pollution, for example, a “cooperative federalism” approach predominates. A federal statute, the Clean Water Act, provides the substance.
The Growing Role of Local Governments in Governing Water Resources
The Growing Role of Local Governments in Governing Water Resources As federal and state governments leave some pressing water issues unresolved, Wisconsin municipalities are increasingly finding themselves on the front lines of water and environmental policy. David Strifling examines how local governments are navigating data centers, critical water infrastructure, and the emerging “rights of nature” movement. No additional resources found.
Congratulations to the Environmental Law Moot Court Team!
Marquette’s environmental law moot court team, consisting of 3Ls Alana Borman, Thais Marques, and Grady Rosin, traveled to New York in late February to represent the Law School at the National Environmental Law Moot Court Competition (NELMCC) hosted by Pace University in White Plains, New York. Several months of grueling preparation paid major dividends at the competition, as the team performed extremely well across a variety of metrics.
Looking back at 2025 Developments in Wisconsin Water Law and Policy
2025 was a momentous year for water law and policy issues, both in Wisconsin and nationally. In this post, I focus mainly on some Wisconsin-specific developments and then summarize a few national-level issues. Water use at data centers.
Marquette University Law School Faculty Blog
Wisconsin’s climate is warming. Despite its characterization in some quarters as a “climate haven” and destination for people migrating away from the worst impacts of climate change, the state is not immune to some of those same consequences. Even setting aside the significantly warming temperature here, the effects already include more frequent, intense precipitation events, increased flood risk, and decreased opportunities for winter recreation.
New Controversies in Wisconsin Administrative Law
Administrative law is enjoying a moment in the sun. Take, for example, the attention recently paid to the subject by the United States Supreme Court, which in a series of opinions (Loper Bright, Corner Post, andJarkesy) marked out a new path forward with respect to important aspects of federal administrative law. This post concerns noteworthy developments in the same field in Wisconsin.
Wisconsin Supreme Court Confirms DNR’s Power to Enforce the Spills Law Amid Increasing Citizen Concerns Over PFAS
The latest edition of the Marquette Law School Poll revealed that 79 percent of registered Wisconsin voters are very or somewhat concerned about a class of emerging contaminants known as PFAS, often called the “forever chemicals,” in their water supply. PFAS have been used across a broad spectrum of commercial applications from firefighting foam to food packaging.
Resolving the Tension Between Agriculture and Water Quality in Wisconsin
Wisconsin is known for its invaluable array of water resources on the one hand and its heritage as an agricultural powerhouse on the other. At first glance, it seems that Wisconsin policymakers face a dilemma, because these two aspects of the state’s identity can be in tension with one another.
Will Wisconsin Chart Its Own Course on Environmental Issues?
In a series of recent cases, the United States Supreme Court has sharply restricted the power of the United States Environmental Protection Agency to effectively exercise jurisdiction over natural resources within the states. These include West Virginia v. EPA (endorsing the “major questions doctrine” and restricting EPA’s power to require cleaner energy generation without clear congressional authorization); Sackett v.
When it Comes to Pollution, How Much is Too Much?
The late Justice Crooks once wrote for a majority of the Wisconsin Supreme Court that “general standards are common in environmental statues . . . [and] the fact that [they] are broad standards does not make them non-existent ones.” That principle is about to be tested in both the United States Supreme Court and the Wisconsin Supreme Court.
Remembering President Lovell’s Leadership on Water Issues
On September 19, 2014, Dr. Michael R. Lovell delivered his inaugural address upon taking office as Marquette University’s 24th president.
Marquette University Law School Faculty Blog
Existing drinking water sources are under increasing strain due to overuse, climate change and other threats. Water recycling, also known as water reuse, may play a significant role in creating the sustainable cities of the future.
What do PFAS do to the body? Why more Wisconsinites are asking that question.
Addressing contamination and protecting drinking water will require bipartisan cooperation. Amber Wichowsky, David Strifling and Jill McNew-Birren Special to Milwaukee Journal Sentinel Polling by Marquette University shows a growing number of Wisconsin residents are worried about "forever chemicals" in their water as testing for PFAS has revealed more contamination in private wells and public drinking water supplies.
2019: The Year of Clean Drinking Water in Wisconsin
Wisconsin is blessed with an abundance of water resources: 15,000 lakes, 43,000 river miles, 659 miles of frontage on two of the Great Lakes, and groundwater supplies sufficient to cover the whole state to a depth of 100 feet, just to name a few. But Wisconsin has its share of water problems, too, including many lead water service laterals, widespread well contamination, and battles over diversions from the Great Lakes.
Minimizing the Risk of Lead Intake at Schools
It might come as a surprise to learn that federal law does not require public or private schools to test their drinking water sources for lead or for any other contaminant. Instead, the Safe Drinking Water Act operates by regulating the “public water systems” that deliver water to the schools.
Groundwater: A “Gaining Stream” Of Controversy
In hydrologic terms, a “gaining stream” is a surface stream augmented by groundwater flow. In a more conventional sense of the term, legal and policy disputes surrounding groundwater are also “gaining” in importance, though localized groundwater-related issues have perplexed the courts for generations. In a 1903 opinion, at the end of a lengthy discourse summarizing various authorities on the subject of groundwater withdrawals, Justice John B.
Water: 2016 Retrospective (and Issues to Watch in 2017)
At this time of year it seems appropriate to both examine the year just ended and look forward to the one to come.[1] 2016 brought numerous developments in the water law and policy sector at the national and state levels, and also here at Marquette University Law School’s Water Law and Policy Initiative. 2017 promises more of the same. Nationally, the Flint drinking water crisis continued to dominate headlines.
Answering the age-old water question: Is it safe?
"Is the water safe to drink?" The ancient question evokes anxieties that are deeply embedded in the human psyche, but have been long forgotten by modern Americans. Yet recent crises in Flint, Mich., and other places have rekindled an earlier era's ambivalent relationship with drinking water. When the Pilgrims arrived at Plymouth Rock, for example, they shunned the pristine New England water sources and quickly began construction of a brewhouse.
Marquette University Law School Faculty Blog
On September 7, 2016, amid great concern about the future of water quality and quantity, Marquette Law School will host a conference titled “Public Policy and American Drinking Water.” The conference will take an interdisciplinary approach to exploring the legal, scientific, engineering, and environmental water issues that fill today’s news and touch all of our lives.
Waukesha Diversion Application Inches Closer To Conditional Approval, But State Law Questions Remain
Waukesha Mayor Shawn Reilly and Racine Mayor John Dickert visited Marquette Law School on February 4 for a wide-ranging conversation about Waukesha’s application to divert water from Lake Michigan pursuant to the Great Lakes Compact. At the time, few observers expressed confidence about the application’s prospects for approval. Now, after several intervening meetings by the Regional Body that governs the Compact, we have more clarity on a path forward.
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