The Michigan Court of Claims has issued orders accepting FLOW’s and the City of Mackinac Island’s amicus briefs advancing key legal arguments in Enbridge’s Line 5 oil tunnel lawsuit against the State, rejecting opposing arguments by the Canadian oil pipeline company. The ruling in Lansing by Judge Michael Kelly in late September means that vital issues raised by FLOW’s brief and the city’s brief will be considered by the Michigan Court of Claims, including the public trust rights of citizens to draw drinking water from and otherwise use the Great Lakes, and the soils and bottomlands beneath them, unimpaired by private interests.
Although budget talks between Michigan Gov. Gretchen Whitmer and the state Legislature are strained at best — as the two sides appear deadlocked over road funding — it does appear her request for significant one-time funding for clean water for the fiscal year 2020 starting October 1 will survive the process, with some changes made to fit legislative priorities. On Tuesday, Sept. 24, the Legislature approved the water money and will send the bill to Whitmer’s desk for signature within a few days.
The foot-dragging by public officials to take action against deadly algal blooms and pollution from bad farming practices finally has reached a tipping point. Food and Water Watch, a national public interest organization, and Iowa Citizens for Community Improvement have teamed up in Des Moines to file a lawsuit to force Iowa state officials and commissions for violating their duty to protect the Racoon River and the drinking water of 500,000 people.
Most Michiganders don’t know that September 16-20 is Septic Smart Week — and that an estimated 130,000 septic systems in our state are failing. In many cases that means sewage and associated microorganisms are reaching groundwater, lakes and streams.
It’s been five years since the August 2014 bloom that contaminated Toledo’s water supply for a weekend, leaving half a million without drinking water — an event that many compared to the 1969 fire on the Cuyahoga River at Cleveland. Where’s the outrage and action now? All we have to show for the last five years of “cleanup” for Lake Erie is hundreds of millions, if not billions, of taxpayer dollars spent on agricultural incentives, partnerships and research. But there is no plan to do anything serious regarding agriculture, in which a transformation is needed if the lake is to be restored.
Michigan lies at the heart of the Great Lakes, the largest fresh surface water system in the world. Harboring 95 percent of all fresh surface water in United States and 84 percent of all fresh surface water in North America, the Lakes are an enormous source of natural capital, providing direct health, economic, environmental, and ecological services to 40 million people. The Great Lakes system is a magnificent natural endowment. Sculpted by ancient retreating glaciers that left the largest interconnected body of fresh surface water in the world, the Great Lakes are truly globally unique.
On August 1, a natural gas pipeline operated by an Enbridge subsidiary exploded in Kentucky. The blast killed one person, injured six others, and blew 30 feet of pipeline out of the ground, resulting in a crater that is 50 feet long, 35 feet wide and 13 feet deep. About 66 million cubic feet of natural gas was released by the explosion, with the resulting fire destroying multiple structures and burning vegetation over approximately 30 acres of land. The risk of a similar on-land explosion with Line 5 is also possible because of the natural gas liquids (NGLs) running the length of its 645-mile transit through Wisconsin and Michigan.
The natural world provides a continuous stream of abundant, valuable goods and services. Air, water, soil, flora, and fauna upon which we all depend are relentlessly harvested, used, and abused without an appreciation of our dependency upon this natural capital and the value we derived from it. Nature-based capital, when unimpaired by outside stressors, is continuous and sustainable, providing a constant, renewed flow of natural resources that undergird the global economy.
Ted Curran and his wife Marcia walked into my life and FLOW’s life during the fight by the Michigan Citizens for Water Conservation (MCWC) for the soul of Michigan’s public water and the Great Lakes in its lawsuit against bottled water-giant Nestlé. Ted became a stalwart supporter of FLOW during our early years from 2009-2011 when we formed as a coalition to work to close the dangerous loopholes in the Great Lakes Compact diversion ban for bottled water and water as a product. Little did I know when I first met Ted that when he chose to work on something, he wouldn’t stop until he saw it succeed.
Public notice in a local newspaper in October 2017 announced a permit application for a mammoth swine factory near the Oceana/Muskegon County line along Lake Michigan. Called a concentrated animal feeding operation (CAFO), this proposed pollution factory activated our resistance. Reviving Our American Democracy (ROAD) is a White Lake Area public interest group that has worked hard to stop this outrage ever since.