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Irrigation, PVF & Waterworks Executive Message

Scott Bardreau Vice President

The Tides of Change:
Climate Litigation’s Impact on the Waterworks and Irrigation Industries under the Trump Administration

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As the United States welcomes in some states and braces in others for the return of a Trump administration, industries deeply intertwined with environmental regulations—including waterworks and irrigation—find themselves on the brink of a potential storm. With climate litigation poised to take center stage, these sectors must grapple with the legal, economic and operational impacts of what could be an unprecedented wave of lawsuits. Elon Musk and Vivek Ramaswamy, who are advising President-elect Donald Trump, announced a plan to swiftly quash a number of regulations. The pair didn’t specify the precise steps they would take to implement their plan, but any sweeping moves likely face a great deal of opposition in the House.

A Rising Wave of Climate Litigation

Climate litigation, once a small area of environmental law, has gained momentum over the past decade. Governments, advocacy groups and even private citizens have increasingly turned to the courts to address climate change impacts and hold corporations accountable. This trend shows no signs of letting up, particularly in a political environment where regulatory rollbacks are expected to decrease government spending.

The incoming Trump administration has signaled its intention to dismantle climate-related policies, reduce the Environmental Protection Agency (EPA) and bolster fossil fuel interests. Such moves could and likely will bring climate activists and states to escalate legal challenges, especially against industries that are contributors to greenhouse gas emissions or fail to reduce climate-related risks.

Challenges for the Waterworks Industry

The waterworks industry—encompassing infrastructure for potable water, wastewater and stormwater—is highly vulnerable to climate impacts. Rising sea levels, intensified storms and an unprecedented surge in prolonged droughts already strain existing systems. Flood-related lawsuits, especially those alleging negligence in planning or failure to address known climate risks, could surge.

While climate litigation presents clear risks, it also offers opportunities for industries to innovate and adapt. Proactively investing in resilient infrastructure, sustainable practices and advanced technologies can shrink legal exposure and position companies as leaders in climate adaptation.

IMARK Waterworks suppliers such as ADS continue to explore smart water management systems and green infrastructure to better handle extreme weather events. IMARK Irrigation providers like K-Rain meanwhile, adopt precision irrigation technologies that optimize water use and minimize environmental impact. Collaborating with policymakers, environmental groups and communities could also help build trust and avoid litigation.

Municipal water authorities and private companies alike may find themselves targeted by litigation alleging inadequate infrastructure to manage flooding or water quality issues exacerbated by climate change. These lawsuits could drain financial resources, delay projects and complicate compliance efforts.

Irrigation Under the Microscope

For the irrigation industry, the stakes are similarly high. Agriculture relies heavily on irrigation systems to maintain productivity, especially in regions prone to drought. Legal challenges may arise over water rights, the environmental impact of irrigation practices and disputes over equitable water distribution amid climate-induced scarcity. Farmers and irrigation providers could face lawsuits for excessive groundwater extraction or failure to adapt to sustainable practices. Additionally, regulatory uncertainty might stall innovation and investment in climate-resilient technologies, leaving the industry ill-prepared for future challenges.

Opportunities Amid the Challenges

While climate litigation presents clear risks, it also offers opportunities for industries to innovate and adapt. Proactively investing in resilient infrastructure, sustainable practices and advanced technologies can mitigate legal exposure and position companies as leaders in climate adaptation.

For example, waterworks companies can explore smart water management systems and green infrastructure to better handle extreme weather events. Irrigation providers can adopt precision irrigation technologies that optimize water use and minimize environmental impact. Collaborating with policymakers, environmental groups and communities could also help build trust and avoid litigation.

Navigating the Legal Landscape

Preparation will be key for waterworks and irrigation stakeholders navigating this turbulent period. Engaging legal experts to assess vulnerabilities, develop robust compliance strategies and stay ahead of evolving climate-related regulations will be crucial. Additionally, fostering transparency and accountability in operations can help pre-empt some of the legal challenges these industries might face.

Conclusion

As the specter of climate litigation looms large under the incoming Trump administration, the waterworks and irrigation industries must brace for significant challenges. IMARK Waterworks suppliers such as ADS continue to explore smart water management systems and green infrastructure to better handle extreme weather events. IMARK Irrigation providers like K-Rain meanwhile, adopt precision irrigation technologies that optimize water use and minimize environmental impact. Collaborating with policymakers, environmental groups and communities could also help build trust and avoid litigation.

By adopting a proactive approach that prioritizes resilience, sustainability and innovation, these sectors can not only lessen risks but also thrive in a world increasingly shaped by the realities of climate change. The tides of change are inevitable; it is how these industries navigate them that will determine their future.