Lawful ways to clean up lakes

Lake pollution is a world-wide worry and scientists, environmentalists, economists, accountants and lawyers are all researching possible solutions.

In New Zealand, nitrogen leaching from farms is especially problematic, and the challenge is to find the right blend of farmer-led action, incentives and regulations that will help the farming sector achieve a future that is profitable and looks after the environment.

In Mexico, they have similar problems - 96 percent of surface fresh water is polluted, which means it's crucial for that country to find some workable solutions, too. Arturo Andere Fonseca, an environmental lawyer from Mexico has come to Waikato University to study for his PhD. He wants to study the legal characteristics of successful market-based regulations such as nutrient trading schemes, to prevent what's known as eutrophication of lakes. That's when lakes receive excess nutrients that stimulate excessive plant growth.

Already at Waikato, major research is being carried out into lake restoration. Water quality expert Professor David Hamilton heads a multi-million dollar study on protecting and restoring Rotorua lakes and at the Management School accountants and economists are looking at financial implications of water restoration projects around Lake Taupo - information that Arturo will draw on.

"I'm doing a comparative study of legal methods being used for lake protection in New Zealand, Mexico, Finland and the United States. I think I can learn a lot in New Zealand, and also from Finland where their work into lakes restoration is quite advanced," says Andere. To help him with his study, Arturo has been awarded a $3,500 Postgraduate Study Abroad Award from Education New Zealand to be used for his travel to Mexico, US and Finland.

"I'm grateful for this because I have to travel to do the research," says Andere. "I need to talk to researchers in each country and the various environmental and civil authorities to see what's working for them. I'll be looking at such things as the workability of tradable permits or 'cap and trade' regulations and see what common legal characteristics work best."

Arturo says every country approaches the problem differently even when the issues are the same or similar. There are many areas for conflict, he says. "Different values between the parties involved, issues of property allocation and social justice. I've spent six months preparing for this project to make sure I have a strong foundation on which to base my research."

Arturo plans to use is scholarship for travel towards the end of March and says he's also looking for other means of financial support to assist with the project.

His supervisor, Professor Barry Barton from Waikato University Law School says the cap-and-trade approach shows a lot of promise for controlling water pollution, especially non-point discharges. "A cap-and-trade system has obtained a considerable measure of acceptance for the Taupo catchment, and shows promise for the Rotorua lakes. But they are legally more complex than ordinary regulation, and we need research like Arturo's to work our way through the issues."