Tag: easement violations

Enbridge’s Neglect of 64-Year-Old “Line 5” Pipelines Risks Mackinac Straits, Requires State to Stop Oil and Hold Hearings


 


 


 

FOR IMMEDIATE RELEASE TO MEDIA: June 29, 2017

Contacts:

Liz Kirkwood, Executive Director                                                  Cell: 570-872-4956
FLOW (For Love of Water)                                                          Email: liz@flowforwater.org

Jim Olson, Founder & President                                                   Cell: 231-499-8831
FLOW (For Love of Water)                                                          Email: olson@envlaw.com 

 

TRAVERSE CITY –

After the revelation earlier this month that Enbridge for years routinely violated a legal agreement to properly anchor its dual pipelines against the swift currents in the Mackinac Straits, the state of Michigan now must apply the law, stop Line 5’s oil flow, and hold public hearings as it considers the Canadian company’s application to squeeze more life out of its decaying steel infrastructure built in 1953, according to FLOW, a Traverse City-based Great Lakes water law and policy center, in formal comments released today.

While the state’s 1953 easement agreement granting Enbridge conditional occupancy of state bottomlands in the Mackinac Straits allows Enbridge up to 90 days to cure any violations, a 2016 report commissioned by Enbridge shows that the company for years knowingly ignored the erosion problem, which  appears to be unfixable and worsening with time.

“Enbridge’s willful neglect to properly support Line 5 in the Mackinac Straits is a game changer,” said Liz Kirkwood, FLOW’s Executive Director and environmental attorney. “This neglect is a flagrant violation of the company’s privilege to use the bottomlands and waters of the Great Lakes.”

“Leaving the pipeline exposed without support in the currents and forces of the Straits causes metal fatigue and heightens the risk of a spill. There needs to be an investigation of whether a pipeline should be there at all, before considering structural changes to a pipeline that has been compromised by the company’s own actions,” Kirkwood said.

Enbridge’s June 9 “maintenance” application to install up to 22 more pipeline anchors into Lake Michigan’s public bottomlands fails to address a company pattern of violating the easement and avoiding an assessment of Line 5’s impacts and alternatives, while perpetuating the imminent threat to the Great Lakes and the protected public uses that include fishing, commerce, navigation, recreation, and drinking, according to a legal analysis by FLOW.

The Michigan Department of Environmental Quality (MDEQ) is receiving public comment through today on Enbridge’s application, which also is being reviewed by the U.S. Army Corps of Engineers.

“This application is not about anchor supports. It’s about whether Enbridge can expand Line 5 and the new Line 78 from Indiana across lower Michigan to Sarnia,” said Jim Olson, FLOW’s founder and president and a renowned water rights attorney.  “Our cities, villages, and citizens have ended up with Enbridge’s version of the Keystone XL right here in the Great Lakes, and it happened without the public notice, hearings, and independent impact and alternative analyses required by law.”

The application, like many others filed by Enbridge in the last few years, disguises the company’s piecemeal actions that continue to significantly expand oil transport through and around the Great Lakes. Line 5 transports nearly 23 million gallons of oil and natural gas liquids each day through the Mackinac Straits, 80 percent more volume than its past design capacity after several of its so-called “maintenance” upgrades.

The Michigan Pipeline Safety Advisory Board is conducting a parallel review of Line 5 in the Straits, with a draft report on alternatives released today and a risk report that has been stymied by a conflict of interest, but that process is neither under the rule of law nor complies with the Great Lakes Submerged Lands Act (GLSLA) or other state and federal law.

“The advisory board’s review is not legally binding and does not replace the DEQ’s independent obligation to determine whether Line 5 should continue.” Kirkwood said.

Of particular concern is Enbridge’s continued failure to predict and prevent the cumulative impacts on Line 5 of lakebed erosion caused by Straits currents that frequently reverse and can exceed 10 times the flow over Niagara Falls.

“Enbridge’s piecemeal approach to managing washouts and installing adequate support under the Straits crossing of Line 5 has resulted in the line frequently being out of compliance with easement support requirements since the 1970’s,” said Ed Timm, PhD, an engineer advising FLOW. “Washouts are inherently unpredictable and it is likely that damage to the pipe has already occurred because of unsupported spans that were not detected and repaired by Enbridge’s two-year inspection and repair schedule.”

Contrary to assertions by Enbridge, the state taking action to stop Line 5’s oil flow in the Mackinac Straits to prevent a catastrophic oil spill would not disrupt Michigan's or the Midwest's crude oil and propane supply, according to a set of expert reports FLOW released in December 2015. Available capacity and flexibility to meet energy demand in the Great Lakes region already exists in the North American pipeline system run not only by Enbridge, but also by competitors supplying the same refineries in Detroit, Toledo, and Sarnia, Ontario.

“The fact is, Line 5 is not essential,” said Rick Kane, a Michigan-based hazardous materials risk management specialist advising FLOW. “The regional pipeline system can supply crude oil to Michigan and surrounding refineries while eliminating the risk that Line 5 poses to the Great Lakes,” Kane said. “Feasible and prudent alternatives exist to support domestic needs, as well as exports.  However, pipeline company owners will not move to implement any alternatives as long as Line 5 operates and the public continues to carry the risk.”

For more information, visit FLOW’s website at www.FLOWforWater.org/Line-5/ and these links:

  • FLOW’s Public Comments on the Joint Application of Enbridge Energy to Occupy Great Lakes Bottomlands for Anchoring Supports to Transport Crude Oil in Line 5 Pipelines in the Straits of Mackinac and Lake Michigan [2RD-DFDK-Y35G], submitted June 29, 2017.
  • FLOW’s Public Comments on the Joint Application of Enbridge Energy to Occupy Great Lakes Bottomlands for Anchoring Supports to Transport Crude Oil in Line 5 Pipelines in The Straits of Mackinac and Lake Michigan [No. 2hb-Vgko-35je], submitted August 25, 2016.
  • Technical Note Regarding Enbridge Line 5 Non-Compliance with 1953 Easement Requirements, A Mechanistic Analysis of Straits Pipeline Washout Phenomena, by Edward E. Timm, PhD, PE, August 20, 2016.
  • Appendices of August 2016: A & B

 

Enbridge’s June 9, 2017, application and public notice can be viewed at:

  • MDEQ website at https://miwaters.deq.state.mi.us/. The public can view the application or submit comments by clicking on the Public Notice Search and entering “Enbridge” in the Applicant Name section or “2RD-DFDK-Y35G” in the Application Number section.

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PDF of Media Release:

Read FLOW's Comments here:

State Has Ignored Enbridge’s Line 5 Straits Pipeline Violations

Enbridge's Line 5 pipeline during construction and installation, 1953.

Enbridge’s Line 5 pipeline during construction and installation, 1953.

 

Although Attorney General Bill Schuette and top state environmental agency directors yesterday notified Enbridge of violations of its agreement to operate oil pipelines in the Straits of Mackinac, officials only did so several months after being told by experts that powerful currents had washed away critical pipeline support infrastructure.

Schuette, Michigan Department of Environmental Quality, and Michigan Department of Natural Resources Wednesday told Enbridge it was in violation of pipeline requirements in its easement agreement with the state. But researchers documented last April cracks, dents, corrosion and structural defects in the twin Line 5 oil pipelines in the Straits.

Those concerns were raised by FLOW and other organizations in letters and meetings with state officials.  The groups say Enbridge’s easement violations are part of a pattern and practice where the Canadian transport giant avoids accountability because of infrequent pipeline inspections.

“These are known problems that fundamentally threaten our public waters and should have been addressed much sooner than this week,” said Liz Kirkwood, Executive Director of FLOW.  “Now we see some progress from the state in enforcing its agreement.

“But what we need is for the attorney general and governor to act with much more urgency and prioritize protecting the Great Lakes.  That means ending the state’s agreement that allows Enbridge to continue sending oil through the Straits.”

“Unless the attorney general and other state officials follow through, this week’s violation notice will just be window-dressing,” said Kirkwood. “The concerns are too many and too risky for the state to continue to allow oil to flow through the Straits.”

The easement agreement that is at the center of this week’s action by the state is meant to enforce safety and other conditions for operating the risky Straits oil pipelines.  Under the 1953 easement, the state must give Canadian-based Enbridge 90 days to resolve any known easement violations.

Since at least April, said Kirkwood, the state has had substantial legal and factual cause to terminate the agreement with Enbridge.  Kirkwood’s group and others sent an April 13 letter to Schuette and Snyder outlining multiple easement violations, including those cited by the state this week in its notice to Enbridge.  They also discussed these violations and federal and state law violations with top officials in the attorney general’s office.

In their April 13 letter to Schuette and Snyder, FLOW and other groups identified eight specific violations of the easement agreement and state law, including:

  • Concealing information about cracks, dents, and rust with continued, sweeping assertions and misrepresentations that the Straits pipelines are in “excellent condition, almost as new as when they were built and installed” and have “no observed corrosion.” Of the nine rust spots on the eastern Straits pipeline, corrosion has eaten away 26 percent of the pipeline’s wall thickness in a 7-inch-long area, according to newly released company data.
  • Failing to meet the pipeline wall thickness requirement due to manufacturing defects. Newly released Enbridge data reveals that manufacturing defects in the 1950s resulted in pipeline wall thickness of less than half an inch in perhaps hundreds of sections and up to 41 less thick than mandated on the west Straits pipeline. Enbridge continues to boast about its “nearly one-inch-thick walls of Line 5’s steel pipe travelling under the Straits.” 
  • Failing to meet the “reasonably prudent person” provision by claiming that its steel pipelines lying underwater just west of the Mackinac Bridge since 1953 can last forever and do not require a plan for eventual decommissioning. The 63-year-old pipelines were built to last 50 years.
  • Failing to demonstrate adequate liability insurance, maintain required coating and wood-slat covering to prevent rust and abrasion, adequately support the pipeline resulting in stressed and deformed segments, and adhere to federal spill response and state environmental protection laws, including Act 10 of P.A. 1953, the Great Lakes Submerged Lands Act (“GLSLA”), the Michigan Environmental Protection Act (“MEPA”), and public trust law.

The twin Enbridge Line 5 oil pipelines lying exposed in the Mackinac Straits, where Lake Michigan and Lake Huron meet, are a high-risk shortcut moving up to 23 million gallons of oil and propane a day primarily from western Canadian oil fields to eastern Canadian refineries, as well as on to Montreal and export markets. Research shows there are alternatives to Line 5 that do not threaten the Great Lakes, which hold 20 percent of the world’s fresh surface water.

To date, more than 60 cities, villages, townships, counties and tribal organizations across Michigan have voted to call on the governor and attorney general to stop the oil flowing through the Straits, including Mackinac Island, Mackinaw City, and the cities of Cheboygan, Petoskey, Charlevoix, and Traverse City. Dramatic new research from the University of Michigan released in late March shows an Enbridge oil pipeline rupture in the Mackinac Straits could impact more than 700 miles of Lake Michigan and Lake Huron coastlines, as well as more than 15% of Lake Michigan’s open water and nearly 60% of Lake Huron’s open water.

 

Enbridge Operating Line 5 Illegally

Citing new research and documentation revealing cracks, dents, corrosion, and structural defects in the twin oil pipelines in the Mackinac Straits, 22 environmental and tribal groups today formally requested that Gov. Snyder and Attorney General Schuette shut down “Line 5” oil in the Straits based on Enbridge’s multiple easement violations. The violations mean Enbridge is operating illegally and has broken its legal agreement with the state and people of Michigan.

Enbridge’s ongoing violations related to pipeline design threaten the very safety and health of the Great Lakes, and thus trigger the state’s duty to enforce its agreement with Enbridge. Under the 1953 easement, the state must provide Canadian-based energy transporter Enbridge 90 days to resolve any known easement violations.  The state now has substantial legal and factual cause to terminate the agreement with Enbridge to stop the oil flow and protect the Great Lakes, public water supplies, and the Pure Michigan economy, according to an April 13 letter to Snyder and Schuette, signed by partner groups in the Oil & Water Don’t Mix campaign.

“The law and this easement agreement are clear: state leaders cannot wait another year or more while Enbridge continues to violate safety conditions it agreed to and withholds safety inspection and other data from the public and the state,” said environmental attorney Liz  Kirkwood, Executive Director of FLOW (For Love of Water) in Traverse City. “Gov. Snyder and Attorney General Schuette must start the clock to terminate the state’s easement agreement that allows Enbridge to operate the Line 5 pipelines on state-owned bottomlands and waters.”

In their letter, the groups identified eight specific violations of the easement and state law, including:

  • Concealing information about cracks, dents, and corrosion with continued, sweeping assertions and misrepresentations that the Straits pipelines are in “excellent condition, almost as new as when they were built and installed” and have “no observed corrosion.” Of the nine rust spots on the eastern Straits pipeline, corrosion has eaten away 26 percent of the pipeline’s wall thickness in a 7-inch-long area, according to newly released company data.
  • Failing to meet the pipeline wall thickness requirement due to corrosion and manufacturing defects. Newly released Enbridge data reveals that manufacturing defects in the 1950s resulted in pipeline wall thickness of less than half an inch in perhaps hundreds of sections and up to 41 percent less thick than mandated on the west Straits pipeline. Enbridge continues to boast about its “nearly one-inch-thick walls of Line 5’s steel pipe travelling under the Straits.”
  • Failing to meet the “reasonably prudent person” provision by claiming that its steel pipelines lying underwater just west of the Mackinac Bridge since 1953 can last forever and do not require a plan for eventual decommissioning. The 63-year-old pipelines were built to last 50 years.
  • Failing to demonstrate adequate liability insurance, maintain required coating and wood-slat covering to prevent rust and abrasion and adequately support the pipeline, resulting in stressed and deformed segments.
  • Failing to adhere to federal emergency spill response and state environmental protection laws, including Act 10 of P.A. 1953, the Great Lakes Submerged Lands Act (“GLSLA”), the Michigan Environmental Protection Act (“MEPA”), and public trust law.

The twin Enbridge Line 5 oil pipelines lying exposed in the Mackinac Straits, where Lake Michigan and Lake Huron meet, are a high-risk shortcut moving up to 23 million gallons of oil and propane a day primarily from western Canadian oil fields to eastern Canadian refineries, as well as on to Montreal and export markets. FLOW’s research shows there are alternatives to Line 5 that do not threaten the Great Lakes, which hold 20 percent of the world’s fresh surface water, and do not disrupt Michigan’s oil and gas supply.

“Enbridge has consistently failed to provide appropriate documentation to the state and the public that supports its position that Line 5 is fit for service”, said Ed Timm, PhD, PE, a retired chemical engineer and former senior scientist and consultant to Dow Chemical’s Environmental Operations Business, who advises the Oil & Water Don’t Mix campaign. “The historical record and the documentation that Enbridge has provided raise many questions that suggest this unique pipeline no longer conforms to its original design specifications and easement requirements.”

Dozens of local communities and organizations, hundreds of businesses, and thousands of individuals and families support efforts by the Oil & Water Don’t Mix campaign to prevent a catastrophic oil spill by stopping the oil flowing through Line 5 in the Mackinac Straits, which University of Michigan experts have called the “worst possible place for an oil spill in the Great Lakes.” Enbridge has a long history of oil spills from Line 5, which runs from Superior, Wisc., to Sarnia, Ont., and is responsible for 2010’s million-gallon oil spill disaster into the Kalamazoo River that cost $1.2 billion to clean up to the extent possible.

“I think pipelines are the safest way to transport oil, but because of the conditions of the Straits and the age of the pipelines, it is past time for an independent analysis to ensure the safety of this line for the citizens of Michigan,” said James Tamlyn, Chair of the Emmet County Board of Commissioners, which passed a resolution in December calling on the Snyder administration to shut down Line 5 in the Straits of Mackinac. “There’s one thing we all agree on and that’s the importance of protecting our clean water.  It defines us and without it, our communities and businesses would be wiped out.”

To date, more than 30 cities, villages, townships, and counties across Michigan have voted to call on the governor and attorney general to stop the oil flowing through the Straits, including Mackinac Island, Mackinaw City, and the cities of Cheboygan, Petoskey, Charlevoix, and Traverse City. Dramatic new research from the University of Michigan released in late March shows an Enbridge oil pipeline rupture in the Mackinac Straits could impact more than 700 miles of Lake Michigan and Lake Huron coastlines, as well as more than 15% of Lake Michigan’s open water and nearly 60% of Lake Huron’s open water.

“The effects of an oil spill in the Mackinac Straits would have catastrophic consequences for our area and for all Michiganders for years to come,” said Bobie Crongeyer, a community leader with Straits Area Concerned Citizens for Peace, Justice & the Environment, which has advanced resolutions to shut down Line 5 in many communities. “Tourists will find other places to vacation, while we will be left with the devastation that Enbridge leaves behind, including a poisoned fishery and drinking water supplies and a shattered economy.”

115-CE Pipeline Fact Sheet-rev

Read the full letter issued to Governor Snyder and Attorney General Schuette.