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2021 Utah L. Rev. 501 (2021)
Thirsty Places

handle is hein.journals/utahlr2021 and id is 500 raw text is: THIRSTY PLACES Priya Baskaran* Abstract The United States, among the wealthiest and most prosperous nations in the world, regularly fails to provide clean, potable water to many of its citizens. Recent water crises occur within communities categorized as Geographically Disadvantaged Spaces (GDS'), which often encompass urban and rural areas. What is more, people of color and economically vulnerable populations are often located within GDS, disproportionately burdening these groups with the economic and public health consequences offailing water infrastructure. This Article provides a novel, comparative analysis of communities lacking potable water in Flint, Michigan, and southern West Virginia. This analysis highlights entrenched structural problems present in rural and urban contexts, as implicating compound socioeconomic and race-related inequalities that transcend such seeming geographic divides. Lastly, this Article advocates for infrastructure development policies that address the underlying structural issues plaguing GDS both rural and urban and examines whether the Green New Deal could serve as an effective solution. TABLE OF CONTENTS IN T R O D U C T IO N ......................................................................................................5 0 2 I. COMPARATIVE GDS ANALYSIS: FLINT AND WEST VIRGINIA ..........................507 A. Geographically Disadvantaged Spaces Defined......................................... 507 B. Flint.............................................................................................................511 1. Historical Factors Impacting GDS and Infrastructure Development..... 518 C. Keystone and Gary, West Virginia.............................................................. 527 1. Historical Factors in M cDowell County ................................................. 529 D. GDS and Water Infrastructure A Structural Problem .............................541 II. FUNDING W ATER INFRASTRUCTURE ............................................................... 544 A. Traditional Funding and Financing Mechanisms....................................... 545 B. Federal and State Funding Sources............................................................ 548 1. EPA and Drinking Water State Revolving Funds ................................... 548 * © 2021 Priya Baskaran. Assistant Professor of Law, American University Washington College of Law. This paper was competitively selected for presentation at the Emerging Voices in Civil Rights Panel at the 2020 AALS Annual Meeting and the LatCrit 2019 Conference. I thank the facilitators and participants at the presentation for their insightful comments. For additional suggestions and comments, I would like to thank Ann Shalleck, Ascanio Piomelli, Camille Pannu, Jenn Oliva, and Nicholas Stump. I am especially grateful to Camille Pannu and Katherine Garvey for their incredible scholarly contributions, legal work, and unwavering commitment to rural communities. For exceedingly diligent research assistance, I thank Austin Gutierrez, Amadea Anile, and Kinnon McDonald. 501

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