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Jenner & Block is representing, pro bono, the Great Lakes and St. Lawrence Cities Initiative (Cities Initiative) in its challenge to a decision by the Great Lakes—St. Lawrence River Basin Water Resources Council (Compact Council) allowing the City of Waukesha, Wisconsin to divert water from Lake Michigan. The Waukesha diversion is the first-ever approval of a diversion of Great Lakes water to a community outside the Great Lakes basin. The case has far-reaching implications for both the region and water law.
The Cities Initiative is a binational coalition of more than 120 cities whose mayors and local officials are working to protect the Great Lakes and St. Lawrence River. In August 2016, on behalf of the Cities Initiative, the Jenner & Block team submitted a request for a hearing before the Compact Council for reconsideration of the diversion and submitted a 64-page written statement detailing the legal and technical reasons reconsideration was appropriate. On March 20, 2017, after additional extensive briefing, the Compact Council held a hearing and allowed oral argument by the Cities Initiative and the City of Waukesha. Partner Jill M. Hutchison argued on behalf of the Cities Initiative. The Compact Council took the matter under advisement at the close of arguments, and a written decision in expected to be issued in early May.
In addition to Ms. Hutchison, the Jenner & Block team representing the Cities Initiative includes Partners E. Lynn Grayson, Steven M. Siros and Allison A. Torrence; Of Counsel Stephen H. Armstrong and Anne (Andi) Samuels Kenney; and Associates Laura C. Bishop, Alexander J. Bandza and Daniel S. Quarfoot.