Tag: Dave Dempsey

Government Protects Human Health and the Environment, in West Michigan and Nationwide

From left to right, panelists Alan Steinman, George Heartwell, Skip Pruss and Dave Dempsey. Photo by Liz Kirkwood

FLOW held a community engagement session at the Grand Rapids Public Library on Thursday, December 5, to make the economic case for government’s role in protecting human health and the environment—both nationally and locally.

The event followed a similar listening session in November in Traverse City. It punctuated the publication of a series of “Resetting Expectations” policy briefs by Skip Pruss, former FLOW board chair and former director of the Michigan Department of Energy, Labor and Economic Growth. Read those policy briefs here.

The Grand Rapids event featured presentations by Pruss, as well as Alan Steinman, who directs Grand Valley State University’s Annis Water Resources Institute, former Grand Rapids mayor George Heartwell, and FLOW senior policy adviser Dave Dempsey. FLOW executive director Liz Kirkwood opened the engagement session with introductory remarks and closed it with a panel discussion.

Pruss spoke about his early career in government and highlighted the then-prevailing spirit of public service, and public support for and confidence in government’s high aspirations for implementing change. Examples of that change include building the interstate highway system, reaching the moon, launching the war on poverty, and fostering a nationwide public education system which was at one time the envy of the world. Landmark environmental laws passed approximately 50 years ago demonstrated the value of well-conceived governmental interventions. Since its enactment in 1970. economic health benefits related to the Clean Air Act are estimated at $22 trillion.

Watch a recorded video of Pruss’ presentation.

Paradoxically, despite significant achievements, public confidence in government has declined in recent decades, said Pruss, who argued in his “Resetting Expectations” briefs that government should support the renewable energies of tomorrow rather than the dirty fossil fuels of yesterday.

Without government subsidies, the oil and coal industries are going bankrupt: they no longer make good business sense. Meanwhile, a report by the White House Office of Management and Budget demonstrates that environmental regulations have the best cost-benefit ratio of any federal rules. Those regulations also help to level the playing field, and eliminate free riders who don’t abide by the rules.

Across the political spectrum, economists agree that positive externalities—activities that result in additional benefits for society—should be promoted, and negative externalities, which indicate market failure, should be avoided. Negative externalities impose “spillover” costs on society that are not included in the cost of production.

To emphasize his point, Pruss quoted Sir Nicholas Stern, who said that “Climate change is a result of the greatest market failure that the world has ever seen.”

“It’s not just the release of hazardous substances and soil and groundwater contamination and the impact to health and wildlife, it’s also the irreparable loss of these functions of this landscape,” said Pruss while sharing a searing image of the destruction of the Tar Sands region in Alberta, Canada. “The benefits of this landscape that are now gone for future generations. We can’t afford to do that.”

Government environmental protection and investments pay off at the local level, too, added Dr. Alan Steinman and former Grand Rapids mayor George Heartwell.

Steinman opened his presentation with an image of a West Michigan sunset over Lake Michigan, which he said shows how economic development and environmental protection go hand in hand. Steinman then contrasted images of Muskegon Lake as an industrial hub and now, as a favorite recreation spot.

Steinman worked 10 years ago on a project to stabilize Muskegon Lake’s shoreline—a project whose funding didn’t originally intend to highlight economic impacts, but whose cascading benefits included “when the insects came back, the fish came back, and when the fish came back, the people came back.”

Ecosystem restoration is generally considered a 3-to-1 return on investment, but the Muskegon Lake restoration yielded a 6-to-1 return.

Watch Steinman’s presentation here.

Former Grand Rapids mayor George Heartwell started his presentation on an upbeat note: “Let me start with a modest proposition—mayors will save the world!” he boomed. “The work that’s done by cities, by progressive mayors, by visionary and innovative mayors will turn down the thermostat on global temperatures.”

While these superheroes are saving the world, they must also address extreme rain events, flooded sewers and common issues facing cities like Grand Rapids.

Heartwell narrated a Grand Rapids story that evolved from spilling billions of gallons of combined storm water and sewage overflow into the Grand River to separating storm and sanitary sewers and creating storm water treatment systems in neighborhood green spaces that also serve as amenities.

Heartwell shared a litany of steps that Grand Rapids has taken to improve the urban environment and mitigate against the effects of climate change.

“I know it sounds like a very small step toward saving the human species but green infrastructure in every city will at least save us from storm water and flooding damage and buy us the time we need to do other climate change mitigation.”

“If every city did what Grand Rapids is doing, life on our planet would survive, and the seventh generation would look back at us with gratitude.”

Watch Heartwell’s presentation here.

Dave Dempsey stressed the economic value of groundwater to Michigan and the huge costs of failing to protect it from contamination. About 45% of Michigan’s population gets its drinking water from groundwater sources and industry and agriculture also use considerable groundwater for manufacturing and irrigation. Yet a legacy of contamination has cost Michigan taxpayers over $1 billion in cleanup costs, and there are 6,000 more orphan sites—where no private source is available—that may require taxpayer money to clean up. 

Dempsey said Michigan needs stronger groundwater protection policies to support Michigan job creation and reduce health risks from chemically contaminated water supplies.

Watch Dempsey’s presentation here.

Following the presentations, an engaged audience asked the panelists how cities and communities can be empowered to better use their master plans to prevent environmental harms.

Watch the panel discussion here.

Breaking the Cycle of Great Lakes Ruin and Recovery

Above photo: Jane Corwin, US Commissioner/Chair of the International Joint Commission, speaks at a public hearing in Traverse City on July 24, 2019. Photo by Rick Kane.

By Liz Kirkwood

Editor’s note: FLOW Executive Director Liz Kirkwood was recently appointed to be a member of the International Joint Commission’s Great Lakes Water Quality Board.

Liz Kirkwood, FLOW Executive Director

My colleague and mentor, Dave Dempsey, knows almost everything there is to know about the Great Lakes.  He’s encyclopedic, you could say. He’s authored over 10 books, including a classic one entitled Ruin and Recovery (University of Michigan Press, 2001).  

It’s the cycle we here in the Great Lakes are all too familiar with.  

The book tells a story of Michigan’s environmental ruin that began to worsen in the early 1900s, followed by the recovery that began in the 1970s as the public clamored for a clean environment.

It is amazing to imagine that over one hundred years ago, as lax water pollution standards led to the fouling of the Great Lakes, the US and Canadian governments had the vision and foresight to craft an international treaty to address boundary water management and disputes. Known as the Boundary Waters Treaty of 1909, this pact established the International Joint Commission (IJC) to serve as the advisor to both governments in preventing, arbitrating, and navigating water conflicts.  Of the nine major water basins shared by the US and Canada, the Great Lakes is the largest and has global significance because it contains 20 percent of the planet’s fresh surface water.    

In 1972, with increasing international water pollution, the US and Canada entered into the seminal Great Lakes Water Quality Agreement (GLWQA).  The Agreement called for binational action by the governments to reduce phosphorus pollution and meet water quality goals. It also set up the Great Lakes Water Quality Board (WQB) to assist the IJC in watchdogging Great Lakes cleanup.

In the 1980s and 1990s, the IJC was considered the moral authority on Great Lakes issues, candidly assessing progress and problems. Thanks in part to the Water Quality Board, the commission made a lasting contribution to Great Lakes cleanup by defining 43 “areas of concern” (AOCs)—bays, harbors, and rivers with severe legacy contamination—that needed sustained commitment to be cleaned up. Over 30 years later, work continues on the AOCs, along with congressional funding of the Great Lakes Restoration Initiative (GLRI).

The work of the Water Quality Board continues, too. The 28-member board provides advice to the IJC for the benefit of the 40 million people who rely on the lakes for drinking water, sustenance, and way of life.  The IJC recently appointed me to serve on the Board.

The Board represents the crossroads of the Great Lakes, bringing together diverse viewpoints from tribal leaders like Frank Ettawageshik and water affordability advocates like Monica Lewis-Patrick. It is a pleasure to serve with them and to problem solve how we can bring the Great Lakes community together to respond to old and new problems in the Basin. This work depends on developing key priorities and scientific goals to measure progress, coordinating strong and committed implementation among federal, state, and provincial environmental agencies, building stronger and new partnerships and alliances across these lakes, lifting up silenced voices to ensure water justice for all, and educating and empowering all peoples about the vital importance of protecting the health of our common waters.

It’s been almost 50 years since the two nations entered into the Great Lakes Water Quality Agreement, and during this time, we have watched rust-belt contaminated urban cores rebound and polluted ecosystems revived. But we also have witnessed a rollback of major federal environmental regulations and laws, the Flint lead crisis, Detroit water shutoffs, lack of investment and crumbling regional water infrastructure, lack of safe, affordable drinking water, wetland destruction, water privatization, legacy and emerging pollutants like PFAS, and unprecedented climate change impacts.

Our challenge in this new century, then, is to break the constant cycle of ruin and recovery, and replace it with sustained protection and prosperity. This is critical in the context of the climate crisis where we are testing the capacity of our ecosystems to rebound. Instead, we must imagine the future we want, where natural and human ecosystems can thrive and prosper together.

To do this, we must challenge traditional assumptions and ways of thinking. We must draw not only on science but also on traditional ecological knowledge (TEK). Traditional ecological knowledge (TEK) is a relational process for indigenous peoples that is built through experience and relationships that are difficult to incorporate into non-indigenous information systems and decision frameworks. We must design and enact bold policies that acknowledge the interconnectedness of human health, economic prosperity, and ecosystems.

With public trust doctrine protection, we can steward our waters as a shared public resource from one generation to the next and ensure multigenerational equity. Healthy economies and communities depend on healthy ecosystems. It’s as simple as that. The future of the Great Lakes depends on a vision and plan based on a water-economy that embraces a new water ethic at its center.

I am honored to serve on the Water Quality Board for the IJC and it is my great hope that we can work together to develop recommendations thattranslate into meaningful bi-national actions designed to protect the long-term health of the Great Lakes.

Carrying on Governor Milliken’s Environmental Legacy

Gov. William G. Milliken, Traverse City’s native son and Michigan’s longest-serving governor, who passed away October 18 at age 97, left behind an important legacy of environmental protection, good governmental policy, and civility in public discourse.

As Michiganders, we’re deeply proud of Gov. Milliken and mourn his passing, too. FLOW senior policy adviser Dave Dempsey, who wrote Gov. Milliken’s biography, knew him and his wife Helen well, and authored this remembrance.

After he left office, Milliken summarized his environmental values: “In Michigan,” he said, “our soul is not to be found in steel and concrete, or sprawling new housing developments or strip malls. Rather it is found in the soft petals of a trillium, the gentle whisper of a headwater stream, the vista of a Great Lakes shoreline, and the wonder in children’s eyes upon seeing their first bald eagle. It is that soul that we must preserve.”

It is the responsibility of FLOW and other environmental stewards to take up Gov. Milliken’s torch and carry it forward. We must preserve our Great Lakes, wetlands, and drinking water held in public trust for all of us, and stop polluters from soiling these most precious resources—which represents 20 percent of the world’s surface freshwater. We will help carry that torch both with honor and humility.

You can learn more about Gov. Milliken’s life in the family tribute posted here.  FLOW gratefully acknowledges the Milliken family’s suggestion that memorial donations in Governor William G. Milliken’s name be made to FLOW and the Detroit Riverfront Conservancy. We will carry on the Milliken legacy of environmental stewardship and hope for the future.

To donate to FLOW in honor of Gov. Milliken, please click on our Donate page, fill out all required fields, and write “Governor Milliken” in the bottom field. Thank you.

Remembering Governor William Milliken, Protector of Michigan’s Environmental Soul

By Dave Dempsey

Michigan has many magnificent natural features, but none is quite like Hartwick Pines. A small remnant of the great white pine forest that spanned millions of acres of Michigan before the European arrival, the 49 acres at the heart of Hartwick Pines contain trees as tall as 160 feet and as old as 400 years. When, in 1992, a storm mortally wounded the tallest and largest of the primeval trees, known as the Monarch, it generated news headlines.

Another great tree has fallen. On Friday, October 18, former Governor William G. Milliken passed away at age 97 in Traverse City. The longest-serving governor in the history of Michigan, Milliken distinguished himself in numerous other ways, several of which seem especially important today. 

Former Vermont Governor Richard Snelling in 1982 suggested that Milliken “will surely be recorded in history as one of the nation’s great governors.” The day after Milliken’s passing, the Traverse City Record-Eagle wrote in an editorial that, “We cherish our governor … for his most precious quality: his innate ability to set aside party, politics and partisanship for the good of all Michiganders”.

Perhaps the Governor’s most lasting policy legacy is the framework of environmental laws that came into being during his 14 years in office, from 1969 to 1982. It was a case of the right person at the right time. As public consciousness of a century of environmental neglect and abuse peaked, and a clamor for a new approach grew to a crescendo, Governor Milliken took the initiative to propose or support, and ultimately sign into law the Michigan Environmental Protection Act, the Inland Lakes and Streams Act, the Wetland Protection Act, the Wilderness and Natural Areas Act, the Sand Dune Management and Protection Act, and many more. When the Legislature deadlocked on a proposed recycling deposit on beer and soda containers, he helped lead a citizen initiative to put the proposed law on the ballot. Voters approved it by a two-to-one margin in 1976.

Even in the 1970s, the decade of the first Earth Day, it wasn’t always politically easy to push for a cleaner environment. When scientists identified phosphorus laundry soaps as a major contributor to the algae blooms in western Lake Erie and elsewhere, the proposed remedy was a strict limitation on phosphorus content. Major Republican contributors strongly opposed the change, but Milliken defied them and took aggressive action to bring it into effect. Within only several years phosphorus discharges from wastewater treatment plants plummeted and Lake Erie began to recover.

Another important part of the Milliken record was his concern for the state’s great cities, including Detroit, which was deeply distressed during the 1970s. Working with Democratic Mayor Coleman Young, he invested state and federal resources in the city and won political support unusual for a Republican in the city. Today Milliken’s name crowns Michigan’s first urban state park on the Detroit waterfront.

Milliken’s regard for Michigan’s environment began early. His Traverse City upbringing (and a cottage in nearby Acme) acquainted him with woods and waters. Among his earliest memories were outdoor outings and swimming in Grand Traverse Bay. Deeply rooted in his home community, he frequently returned on weekends to his house on the bay while governor, finding peace and renewal.

But the Governor’s environmental record and values are not his only legacy. His style of governance—shunning the extremes, looking for solutions on which diverse interests could compromise for the public good—was the ultimate trademark of his service. In a time of divided government, when Democrats largely controlled the Legislature, he was able to enact his program through negotiation and cooperation.

Governor Milliken did not demonize his opponents. Public name-calling was foreign to him. And his civility worked. He remained in office longer than any other governor of Michigan in part because voters trusted him to do the right thing.

In researching and writing Governor Milliken’s biography, William G. Milliken: Michigan’s Passionate Moderate, I was honored to spend many hours with him and his wife Helen Milliken, a major historical figure in her own right. They were in person as they were in public—unfailingly gracious, kind, and reflective. There was nothing false or inauthentic about them.

Bill and Helen Milliken

In our time together, both Millikens spoke repeatedly of their appreciation of Michigan’s beauty and the need to continue fighting to protect it. It should not be forgotten that it was Helen Milliken who alerted her husband to the controversy over oil development in the wilds of the Pigeon River Country State Forest, and urged him to take a stand in favor of the forest’s conservation. She was a major influence on his environmental policies.

After he left office, he famously summarized his environmental values: “In Michigan,” he said, “our soul is not to be found in steel and concrete, or sprawling new housing developments or strip malls. Rather, it is found in the soft petals of a trillium, the gentle whisper of a headwater stream, the vista of a Great Lakes shoreline, and the wonder in children’s eyes upon seeing their first bald eagle. It is that soul that we must preserve.”

A part of Michigan’s soul passed from the scene last week, but thanks to Governor Milliken’s work, our soul will renew itself for generations to come.

Dave Dempsey, FLOW’s senior policy adviser, wrote the award-winning biography William G. Milliken: Michigan’s Passionate Moderate (University of Michigan Press, 2006).

A memorial service for Governor Milliken will be held in May 2020. The Milliken family has asked that, in lieu of flowers, donations in his memory and in support of his environmental legacy be made to FLOW and the Detroit Riverfront Conservancy.

It’s Septic Smart Week

Don’t do it in the river! Get your septic system checked, and push your elected leaders for a statewide inspection code. Click here for a (humorous) video of what happens when septic waste reaches our beloved rivers.

 

By Dave Dempsey

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.

As FLOW described in our fall 2018 report on groundwater contamination in Michigan, our state is the only of the 50 states that lacks a statewide sanitary code requiring regular inspection and maintenance of small, mainly domestic septic systems. Some counties, townships, cities and villages are enacting local ordinances in place of statewide requirements.

Septic systems are small-scale wastewater treatment options, used when a home or complex cannot easily be connected to a municipal sewer system. Raw sewage and wastewater (e.g., bath water and dishwater) are first pumped from the home into the septic tank. This is an underground, sealed, concrete tank where the household waste is treated. Here, solid waste sinks to the bottom of the tank and materials such as oil form a layer of scum on top. Bacteria in the tank break down the solid waste, while the wastewater migrates out of the septic tank and into the drain field. Perforated pipes distribute the liquid wastewater throughout the drain field. Once out of the pipes, the wastewater effluent seeps through a gravel layer, then through the soil. Both filter the wastewater before it flows into the groundwater or nearby surface water.

Leaking or malfunctioning septic systems allow organic wastewater compounds like nitrate and E. coli to percolate through the soil and enter the groundwater. Leakage and effluent runoff are also major contributors to E. coli levels in surface water. The Michigan Department of Environmental Quality (MDEQ, now EGLE) has identified 196 rivers, lakes, and beaches with E. coli levels over the EPA limit. Between 2013 and 2014, an estimated 5.7 billion gallons of untreated sewage were pumped into surface water in Michigan. A 2015 study headed by Dr. Joan Rose, co-director of Michigan State University’s Center for Advancing Microbial Risk Assessment and Center for Water Sciences, sampled 64 river systems that drain approximately 84 percent of the Lower Peninsula, for E. coli and the human-specific source tracking marker bacteria called B-theta. The more septic systems in the watershed, the more human fecal source tracking bacteria were found in the water.

Human wastes are not the only pollutants that failing septic tanks are releasing to groundwater and surface water. So-called emerging contaminants like pharmaceutical residues and endocrine disruptors are found in household wastes whether they discharge to publicly-owned sewage systems or septic tanks. Little groundwater monitoring is done to identify these substances in groundwater.

In a 2017 journal article in Environmental Science and Technology, researchers conducted a meta-analysis of 20 different studies on septic systems, identifying 45 contaminants, including pharmaceuticals, personal care product ingredients, chemicals in cleaning products, flame retardants, hormones (both natural and synthetic), and other common substances such as caffeine. The analysis found that septic systems are somewhat effective at removing chemicals such as acetaminophen, caffeine, and alkyphenols, a common group of ingredients used in cleaning products. But some chemicals remain largely untreated, including TCEP, a carcinogenic flame retardant, an anti-epilepsy drug called carbamazepine, and the antibiotic sulfamethoxazole. “In high density areas where you have a large number of homes with their own septic systems, these systems are likely the primary source of emerging contaminants in the groundwater,” said Laurel Schaider, the study’s lead author.

Eleven Michigan counties have ordinances that require septic tank inspection at the time property is sold. Within the first six years of implementing their ordinances, two Michigan counties found 1,000 failed septic tanks and 300 homes without any septic system.

Dave Dempsey is FLOW’s senior policy adviser.

 

Septic Smart Information

The U.S. Environmental Protection Agency (EPA) is promoting Septic Smart Week with a variety of information tools. Those include posters, tips and a new homebuyer’s guide. The Michigan Department of Environment, Great Lakes and Energy (EGLE) also offers helpful information.

 

This trailer for a video documentary produced by Joe VanderMeulen of NatureChange and sponsored by FLOW, the Northern Michigan Environmental Action Council (NMEAC), Leelanau Clean Water, and the Benzie Conservation District underscores the serious health risks posed by a hidden pollution source fouling groundwater, lakes, streams and drinking water across Michigan. Click here for the full video.

 

Déjà Vu: PFAS are Latest in Long Line of Failed Chemical Policies

Photo: Rebecca Meuninck, Deputy Director of the Ann Arbor-based Ecology Center

By Dave Dempsey

The discovery of toxic per- or polyfluoroalkyl substances (PFAS) in many Michigan locations, the fear and concern these chemicals have stirred, and the difficulty posed to government officials and the public on how to respond feel familiar to those residents 50 and over. As the baseball player Yogi Berra once said, “It’s déjà vu all over again.”

PFAS are just the latest symbols of failed chemical policy in a chain reaching back to World War II. That policy has caused disease and death, ruined landscapes and waters, and cost taxpayers scores of billions of dollars. And still politicians haven’t learned.

A Look Back

A look back at Michigan’s history of dealing with chemical crises illustrates the point:

  • Mercury – When fish from the St. Clair River, Lake St. Clair, and the Detroit River were found to have alarmingly high levels of toxic mercury in 1970, the state had to shut down the Lake St. Clair fishery until it completed an exhaustive effort to trace and control the sources. Although much reduced, mercury emissions from coal-fired power plants and other sources continue.
  • DDT – After the state banned most uses of toxic DDT (dichloro-diphenyl-trichloroethane) in 1969 for its effect on fish, wildlife, and human health, it also had to ban several replacement chemicals in succeeding years.
  • PCBs – In 1971, investigators found surprisingly high levels of toxic PCBs in Michigan water bodies, including the Kalamazoo River. This led to a ban on the chemicals in the mid-1970s.
  • PBB & PBDEs– When toxic PBB, a flame retardant, was accidentally mixed with cattle feed in 1973, government responded slowly and the entire Michigan food chain was affected. Chemical companies replaced PBB with compounds like polybrominated diphenyl ethers (PBDEs), which were subsequently found to be toxic to fish, wildlife and people and were banned or phased out.

    There are many more examples, the result of a policy that treats chemicals as though they have constitutional rights like people, “innocent until proven guilty.” It also treats them one at a time.

    Whack-a-mole

    “We’re playing chemical whack-a-mole,” says Rebecca Meuninck, Deputy Director of the Ecology Center, based in Ann Arbor. The Ecology Center has been working to develop chemical policy reform for years and has successfully championed initiatives such as Michigan state government’s Green Chemistry program. The program’s objective is to foster use and development of new chemicals and chemical products that reduce or eliminate the use or generation of hazardous substances while producing high quality products through safe and efficient manufacturing methods.

    The price of a piecemeal approach to chemical policy can be measured not just in damage to human health and the environment, but to taxpayer pocketbooks. Between the commencement of state-funded toxic cleanup program in the late 1970s and today — a 40-year period — Michigan citizens have shelled out more than $1.5 billion to handle cleanups of messes created by private parties. Created by everyone from small businesses to corporate giants, these toxic sites have become the public’s problem because many of the businesses involved have gone bankrupt or have chosen to contest their responsibility.

    Solutions?

    What can we do about this problem? We need a new national chemical policy that requires full testing and safety evaluation of chemicals before they are introduced to the market and to our air, water, and bodies. Although this is common sense, chemical manufacturers have successfully resisted these reforms through the political process.

    Meuninck says legislation passed and signed into law by former President Obama in 2016 has the potential to help.  Key provisions include:

    • A mandatory requirement for the Environmental Protection Agency (EPA) to evaluate existing chemicals with clear and enforceable deadlines;
    • Risk-based chemical assessments;
    • Increased public transparency for chemical information; and
    • Consistent source of funding for the EPA to carry out the responsibilities under the new law.

    “These are important changes, but they’re only as good as the EPA that’s supposed to implement them,” Meuninck said.  “Otherwise, it could go horribly wrong.”

    REACH

    A potential model for a new U.S. policy is the European Commission’s 12-year-old REACH (Registration, Evaluation, Authorization, and Restriction of Chemicals) regulation. REACH shifts the burden of identifying chemical hazards, means of mitigating hazards, and managing risk from government to business.

    Among other things, REACH:

    • Places responsibility on industry to manage the risks from chemicals and to provide safety information on the substances.  Manufacturers and importers are required to gather information on the properties of their chemical substances, and to register the information in a central database.
    • Calls for the progressive substitution of the most dangerous chemicals (referred to as “substances of very high concern”) when suitable alternatives have been identified.

    “One of the main reasons for developing and adopting the REACH Regulation,” the Commission says, “was that a large number of substances have been manufactured and placed on the market in Europe for many years, sometimes in very high amounts, and yet there is insufficient information on the hazards that they pose to human health and the environment. There is a need to fill these information gaps to ensure that industry is able to assess hazards and risks of the substances, and to identify and implement the risk management measures to protect humans and the environment.”

    But the European approach is far from becoming U.S. policy, despite the best efforts of skilled, effective public interest groups like the Ecology Center. It is difficult to say what chemical crisis might prompt needed change here at home. That change is badly needed — without another crisis coming first.

    Dave Dempsey is the Senior Policy Advisor at FLOW

    Fact Check: When Line 5 Shuts Down, Detroit Jets Will Still Fly and Union Refinery Jobs Will Still Exist

    As the time for the State of Michigan to take action on Line 5 at the Straits of Mackinac approaches, an increasingly desperate Enbridge is enlisting allies to engage in what can only be deemed a deceitful Chicken Little campaign. Behold, for example, Enbridge’s full-page advertisement Wednesday in the Traverse City Record-Eagle, which wildly alleges that “Shutting down Line 5, even temporarily, would mean lost union jobs, refinery closures, gas price spikes and greater harm to the regional economy every year.”

    The campaign is designed to scare officials into giving the company what it wants — a 99-year lease to use the people’s waters and lakebed to transport dirty tar sands oil from western Canada primarily to Sarnia, Ontario.

    The latest and one of the most outrageous fabrications regarding the impact of a Line 5 shutdown emerged last week from management of the PBF refinery in Toledo, Ohio. No doubt at Enbridge’s behest, PBF warned of a refinery shutdown and loss of a thousand jobs if the supply provided by Line 5 is no longer available. The Toledo refinery, PBF suggested, has no other source of petroleum.

    This assertion is absurd on its face — What kind of refinery management would leave itself vulnerable by receiving crude from only one source? — but also directly contradicts statements PBF says in its own investor filings, as well as reports from market analysts. They emphasize the PBF refinery has several sources of supply and can adjust them depending on market conditions.

    “The [PBF] refinery only processes light/medium and sweet crude and gets most of its WTI crude through pipeline from Canada, the mid-Continent, the Bakken region and the U.S. Gulf Coast,” an analyst says.  Another credits PBF with using “its complex crude processing capacity to source the lowest cost input.”  PBF says in its 2016 filing with the Securities and Exchange Commission that crude is delivered to its facility through three primary pipelines, Line 5 from the north, Capline from the south, and Mid-Valley from the south. Crude is also delivered to a nearby terminal by rail and from local sources by a truck to truck unloading facility in the refinery property.

    The fact is that multiple alternative pipelines, rail and truck sources are and will be available to enable PBF to continue refining petroleum as it is today. No evidence points to job loss in Toledo from a Line 5 shutdown. And PBF itself said in a September 2017 news story challenging EPA regulations because of alleged job losses that the Toledo refinery employed 550, not 1,000 workers.

    Exploiting worker and community fears with bogus claims is the latest in a series of unconscionable tactics deployed by Enbridge to pressure Michigan officials into letting the company occupy the Straits with its current antiquated pipeline and later, a tunnel under the lakebed.

    In another last-gasp attempt to distort decision-making and alarm the public, PBF claims the (nonexistent) Toledo refinery shutdown will seriously impinge on the supply of jet fuel at Detroit Metropolitan Airport, driving up fares or reducing flights, or both. The claim is that 40% of the jet fuel used at the airport comes from refined Line 5 petroleum. But PBF and the Marathon Detroit refineries appear to supply only about 9% of the jet fuel used at the airport each day, and again alternative pipeline sources can more than make that up.

    It is worth noting that impacts of a Line 5 shutdown on Metro Airport jet fuel have never before been raised as an issue in the Line 5 debate or when Line 6B ruptured and was closed down in 2010. Its introduction at the 11th hour after more than five years of controversy over the fate of Line 5 is a transparent effort to alarm the public with false information and bring pressure on state officials.

    Enbridge has a track record of misleading the public and governments about its performance, and its recent efforts are consistent with the company’s apparent philosophy of saying anything to keep Line 5 petroleum — and profits — flowing.

     

    Key Facts, in a Nutshell

     

    Jobs, let’s talk jobs! 

    Continuing to operate the decaying Line 5 risks jobs. Many jobs. Shutting down Line 5 will protect hundreds of thousands of jobs in Michigan’s tourism economy.

    According to a FLOW report in May 2018, direct spending by tourists supports approximately 221,420 jobs, and the total tourism economy in 2016, including direct, indirect and induced impacts, supported 337,490 jobs—approximately 6.1% of total employment in Michigan.

     

    Toledo PBF Refinery 

    • Enbridge’s and fossil-fuel industry allies have a track record of false and unsubstantiated claims and lack of transparency.
    • The numbers are inflated:
    • Enbridge and refineries and some politicians are misleading the public. They falsely claim that the 2 Toledo refineries and 1 Detroit refinery, and by extension the jobs there, are fully and wholly dependent on Line 5, including a large number of jobs at these refineries. The refineries supposedly affected are: Marathon – Detroit; BP-Husky-Toledo – which carries no Line 5 feedstock because it’s a tar sands refinery that takes feedstock from Line 78 (formerly Line 6B), and PBF-Toledo.  PBF states in its 2018 annual report for stockholders that it “processes a slate of light crude oils from Canada, the Mid-continent and the U.S. Gulf Coast.”
    • The refineries rely on multiple pipelines and suppliers, and they say so in writing.
    • Marathon refinery primarily uses dilbit, which Line 5 doesn’t currently carry.

     

    Detroit Metro Airport

    • In a letter to Michigan Governor Gretchen Whitmer, Ohio Governor Mike DeWine claimed, “our refineries supply the majority of aviation fuels to Detroit Metro Airport” and asserted shutdown of Line 5 would lead to airline schedule disruptions.
    • But 2020 jet fuel consumption at Detroit Metro will total 1,658,000 gallons per day, according to a 2010 estimate by the airport. Based on numbers published by PBF, BP Husky and Marathon Refineries, Line 5 appears to supply only about 10% of the jet fuel at Detroit Metro Airport, not 40% as claimed by Ohio Gov. DeWine. Both Marathon and PBF have other crude oil sources, and therefore other pipelines could provide feedstock to satisfy regional jet fuel needs. Alternatively, other nearby refineries in Illinois, Indiana and Ohio could make up this shortfall.

     

    Bottom line: Shutting down Line 5 will protect hundreds of thousands of jobs. A Line 5 shutdown would not significantly impact jobs at Toledo refineries. There is absolutely no evidence that a shutdown would impair operations at Detroit Metro Airport.

     

    Sources:

    Marathon 2019 total capacity:  140,000 bpd https://www.marathonpetroleum.com/Operations/Refining/Detroit-Refinery/

    Increase of Heavy Crude to 115,000 bpd https://www.myplainview.com/news/article/Marathon-refinery-seeks-support-for-second-8578737.php                           

    https://www.ogj.com/general-interest/companies/article/17286350/marathon-to-upgrade-expand-detroit-refinery

    BP Husky capacity and crude feed: https://www.hydrocarbons-technology.com/projects/bp-husky/

    PBF Capacity: 170,000 bpd https://investors.pbfenergy.com/~/media/Files/P/PBF-Energy-IR-V2/documents/annual-reports-and-proxy/pbf-energy-2018-annual-report.pdf

    PBF Truck terminal at Toledo:  22,500 bpd; https://www.pbflogistics.com/~/media/Files/P/PBF-Logistics-IR-V2/reports-and-presentations/20190514-pbfx-may.pdf (Appendix)

    Jet Fuel Consumed per day at DTW: https://www.metroairport.com/sites/default/files/business_documents/masterplans_2009archive/04_-_demand_capacity_facility_requirements_2-16-10.pdf

     

    An earlier version of this blog inadvertently reported that jet fuel consumption at Detroit Metro totals 1,658,000 barrels per day. 1,658,000 gallons is the correct amount.

    Reflecting on Earth Day 1970 in Michigan and the Origin of the State’s Environmental Movement

    Above: Poster for the ENACT (Environmental Action for Survival) Earth Day Teach-In on the University of Michigan – Ann Arbor campus in March 1970.


    “Man has so severely despoiled his natural environment that serious concern exists for his survival…What began as an idea and a desire to do something about saving our environment by a small study group has now mushroomed into an officially recognized organization with nearly 200 members.”

    — From the newsletter of ENACT (ENvironmental ACTion for Survival), University of Michigan, Nov. 19-28, 1969

    The public concern awakened in 1962 by Rachel Carson’s Silent Spring had deepened with news of the exploding world population and declining wildlife species like bald eagles, which plummeted to just 82 pairs in Michigan during the 1960s after DDT exposure thinned their eggshells. As pollution darkened skies and choked rivers, many new activists drew a link between environmental problems and threats to the survival of the human race. The new movement of environmentalists suddenly became a major force in Michigan during the late 1960s and early 1970s.

    Jane Elder, who worked for the Michigan chapter of the Sierra Club in the 1970s, said, “I and many others of the new environmental movement came of political age during the closing scenes of Viet Nam and the crest of civil rights. We knew we could change the world, and saving the environment was part of that agenda. We saw a generation of activists stop a war. Our motivations were driven in part by collective vision and passion, not the inside game.”

    The Pioneering Work of Joan Wolfe in Michigan

    One of the most effective of the new advocates was a bird-lover, mother, and volunteer, Joan Wolfe of Rockford, north of Grand Rapids. Born in Detroit in 1929, Wolfe grew up in Highland Park with parents who contributed considerable time to community affairs. Her mother was president of the local hospital auxiliary and of the Girl Scout Council; her father was president of the Highland Park school board and of the state chapter of the American Institute of Real Estate Appraisers. By contrast, her husband Willard had no family tradition of community activism, but had become an active fly fisherman. In his childhood living on the Detroit River at Grosse Ile just before World War II, he had seen “tremendous weed growth” and stayed out of the polluted water, but hadn’t then made broader observations about the condition of the outdoors. He was delighted to find trout in the Rogue River, which wound through the Rockford area, when the Wolfes moved there in the late 1950s. But the same stream was also fouled by effluent from the Wolverine Tannery and a paper mill. “There was no outcry,” Will Wolfe said in 1999. “It was still too close to the Depression. The problem was too close to the bread and butter of the community.”

    Soon both of the Wolfes would become activists. In the early 1960s, Joan Wolfe became president of the Grand Rapids Audubon Club. In that position she tried to call the attention of Audubon members to issues that connected bird conservation to larger trends such as habitat loss and pesticide use.

    A fire on the Cuyahoga River at Cleveland in July 1969 helped galvanize public sentiment for Earth Day the following year. A fire also erupted on the Rouge River in southeast Michigan in October 1969, alarming the public and inspiring calls for tougher environmental laws.

    Her most important work began in 1966. Working with 11 sponsoring organizations, Joan Wolfe coordinated an all-day seminar that October at the Fountain Street Church in Grand Rapids to educate the community about problems facing the local, state, and national environment. It was one of the biggest events of its kind in that era, attracting over 500 people, half of them college students. Officials of the state conservation and public health departments spoke on the need for better sewage systems and the dangers of persistent chemicals, but others addressed threats caused by growing population and a social attitude that science could fix any natural resource problem. Dr. Howard Tanner of Michigan State University’s Department of Natural Resources said the predicted U.S. population of 400 million in the year 2000 posed special challenges, adding, “if we don’t put a level on our population and give thought to its distribution, we’re just stupid. There’s no other word for it.” Merrill L. Petoskey, assistant manager of the Southern Michigan Region of the department of conservation, called humankind “too reckless and too greedy. It’s almost past time when we can repair the damage we have caused.” 

    The process of planning the seminar had resulted in general agreement among the sponsoring organizations that the community needed a coordinating organization. In February 1968, Joan Wolfe pulled together a dinner of Grand Rapids community leaders to ask their support for something she was calling the West Michigan Council on Environmental Action. The roster of the meeting was extensive and impressive.  Paid for by the Dyer-Ives Foundation, the dinner was attended by representatives of the local League of Women Voters, the West Michigan Tourist Association, the local Garden Club, the Anti-Pollution Committee of the utility workers local union, the Isaac Walton League, the Grand Rapids Press and WOOD-TV, the president of Grand Valley State College, and other dignitaries.

    The group agreed on the need for a council of organizations and individuals who would work together on environmental causes, and they signed up to support it.  At the new council’s first meeting the following month, Wolfe was named president. The council grew quickly to include 45 organizations and more than 400 individuals. The organization also launched its issues work quickly, speaking at numerous hearings held by government agencies. An official of the state water resources commission exclaimed at a public hearing in 1968, “This is the first time we’ve heard from the grass roots.”

    Gaylord Nelson Takes It National

    U.S. Senator Gaylord Nelson of Wisconsin had proposed a national environmental “teach-in” on college campuses to be held in April, urging that it become an opportunity for learning about the nation’s and world’s grave environmental problems. Fueled by campus activism, the teach-ins evolved into Earth Day and stunned skeptics. An estimated 10,000 schools, 2,000 colleges and universities, and almost every community in the nation participated in events to celebrate and clean-up the environment. Cars were banned for two hours on Fifth Avenue in New York City. The U.S. Congress adjourned for Earth Day so that members could attend teach-ins in their districts.

    All three major TV networks covered the events around the country. A geology student attending Albion College, Walter Pomeroy, appeared on a CBS-TV prime-time special on April 22, Earth Day: A Question of Survival, hosted by Walter Cronkite. In contrast to protests on other campuses that Cronkite called sometimes “frivolous,” the Albion activities Pomeroy organized included the cleanup of a vacant lot to create a small urban park.

    Albion called itself “Manufacturing City U.S.A.,” CBS reported, and not all its foundries had installed air pollution control equipment. But Pomeroy told reporter Hughes Rudd that he had arranged meetings with the local polluters to promote dialogue.  “We were afraid,” he said, “that if we picketed the factories, it would actually turn the community against us.” The special showed Pomeroy’s fellow students jumping up and down on the non-aluminum cans they’d collected in the cleanup, making them easier to return to the manufacturer with a message that it should switch to recyclable materials. Michigan television stations also broadcast specials in the season of Earth Day. WOOD-TV in Grand Rapids broadcast a series, Our Poisoned World, detailing serious local air, water, and noise pollution, and the problem of garbage disposal.

    Michigan One of the Hotbeds of Earth Day Action

    At a five-day teach-in on the University of Michigan campus in Ann Arbor in March, in which an estimated 50,000 persons participated, Victor Yannacone, who in 1967 had filed the Environmental Defense Fund lawsuits to stop the spraying of DDT and dieldrin, spoke on use of the courts to halt pollution. He told students, “This land is your land.  It doesn’t belong to Ford, General Motors, or Chrysler…it doesn’t belong to any soulless corporation.  It belongs to you and me.” A new student group called ENACT organized the week’s events, which included an “Environmental Scream-Out,” a tour of local pollution sites, music by popular singer Gordon Lightfoot, and speeches by entertainer Arthur Godfrey, scientist Barry Commoner, consumer advocate Ralph Nader, and Senators Nelson and Edward Muskie of Maine.

    Business Week magazine said the Ann Arbor event had attracted the greatest turnout of any teach-in to that date.  Noting that President Richard Nixon and college administrators hoped environmental issues would turn students away from Vietnam War protests, the magazine fretted that it appeared “the struggle for clean air and water is producing as many radicals as the war.  And if the rhetoric at Michigan is any guide, business will bear the brunt of criticism.”

    Action Took Different Forms on Different Campuses

    Tom Bailey, a Marquette high school student, worked with students at Northern Michigan University to plan Earth Day activities.  One was a “flush-in.” Students flushed fluorescent dye tablets down dorm toilets at a synchronized moment in an effort to prove that sewage was directly discharging into Lake Superior. 

    Events like these not only attracted the attention of the press, but also gave future environmental professionals their first major public exposure. Bailey later worked for the state Department of Natural Resources, as had his father, and became executive director of the Little Traverse Conservancy. One of ENACT’s founders on the University of Michigan campus, John Turner, later became director of the U.S. Fish and Wildlife Service.  Doug Scott, a graduate student active in ENACT’s teach-in planning, moved on to the national staff of the Wilderness Society and the Sierra Club.

    Student concern and action did not stop on Earth Day. Walt Pomeroy of Albion College contacted activists on other campuses who agreed the next logical step was the formation of a student lobby for the environment.  Described as “lobbyists in blue jeans” by one newspaper, the new Michigan Student Environmental Confederation received a surprisingly warm welcome from some in the Capitol.

    “Soon we made friends in the legislature on both sides of the aisle,” said Pomeroy in 1999. “We learned a day at a time. And since we were in the Capitol almost every day, our network of friends and supporters expanded from just student groups to a diversity of community, environmental and sportsmen groups. Legislative priorities turned into victories…We started an environmental organization with a good cause, not much financial support and worked with the sportsmen and other environmental groups. We created the path – the opportunity – for others to also organize environmental groups and hire staff. None had existed solely to focus on state environmental legislative policies prior to the creation of MSEC. Many followed and are now part of the accepted political landscape in Lansing and throughout Michigan.”


    About the Author:

    Dave Dempsey, Senior Advisor

    FLOW Senior Advisor Dave Dempsey has 35 years’ experience in environmental policy. He served as environmental advisor to former Michigan Governor James Blanchard and as policy advisor on the staff of the International Joint Commission. He has also provided policy support to the Michigan Environmental Council and Clean Water Action. He has authored several books on the Great Lakes and water protection.

    This article has been edited and excerpted from Dave Dempsey’s book, Ruin and Recovery: Michigan’s Rise as a Conservation Leader.


    FLOW Praises Governor for Action on Line 5


    FOR IMMEDIATE RELEASE:                                                                      March 28, 2019

    Liz Kirkwood, FLOW Executive Director                                                   Email: Liz@FLOWforWater.org
    Office: (231) 944-1568, Cell: (570) 872-4956                                           Web: www.FLOWforWater.org

    Jim Olson, FLOW Founder and President                                                Email: olson@envlaw.com
    (231) 499-8831 

    Dave Dempsey, FLOW Senior Advisor                                                     Email: dave@FLOWforWater.org
    (612) 703-2720


    In the wake of an opinion by Attorney General Dana Nessel invalidating a law that sought to give away Great Lakes public trust bottomlands to Enbridge for 99 years for a private oil tunnel, Governor Gretchen Whitmer has now ordered state agencies to pause permitting on Line 5, an action hailed by FLOW (For Love of Water), a Great Lakes law and policy center based in Traverse City.

    “We welcome the Governor’s swift, prudent action to halt the legal effect of the law and tunnel and side agreements,” said Jim Olson, founder and president of FLOW. “Now, it’s time to bring the existing perilous Line 5 in the Straits under rule of law and decommission it as quickly as possible.”

    “The backroom deals creating Enbridge’s proposed oil tunnel couldn’t survive public scrutiny, and now we know they can’t survive the rule of law,” said Liz Kirkwood, Executive Director of FLOW. “It’s time to focus on Michigan’s true energy future and protect Michigan’s Great Lakes and our economy from a Line 5 pipeline rupture. The path forward for Michigan is for Gov. Whitmer to immediately begin the process of decommissioning Line 5 in the Straits of Mackinac.”


    The Forgotten Great Lake?

    Photo credit: Dave Dempsey

    The idea that Lake Huron is an overlooked or forgotten lake has even seeped into our government. A report issued by the Michigan Department of Environmental Quality posed the question whether Huron is a victim of amnesia.

    It’s not the biggest Great Lake, the dirtiest, the most populated or the purest. It’s just unlike any other lake on earth.

    It’s probably most forgotten because relatively few people surround it and therefore are closely associated with it.  If there were such a statistic as person-hours of remembering, Huron would score low.

    Even the most spectacular features of Huron can be easy to overlook.  Twenty years ago, I spent considerable time with a friend searching for the dwarf lake iris at Thompson’s Harbor State Park.  An exquisite miniature, the iris grows in all the world primarily on the shores of northern Lower Michigan and richly deserves its title as the official state wildflower.

    Dave Dempsey, Senior Advisor

    It benefits from Huron and the cool, moist lakeshore air, and sand or thin soil over limestone-rich gravel or bedrock. Like any plant or animal whose prime habitat is the shoreline, the subtle dwarf lake iris is threatened.

    More people should know Lake Huron, enjoy it and respect it.  It need not be the best kept secret in the Great Lakes.