Tag: FLOW

Keeping Our Great Lakes Clean

 

Some of my favorite childhood memories include hiking trips across Northern Michigan and taking in the beauty that is our Great Lakes. As my own children grew up, we regularly went on family trips across Michigan because I wanted to make sure the natural wonders of our state could be passed along to the next generation.

The Great Lakes mean so much to me personally, as they do to millions of Michiganders. They are more than just an economic engine and drinking water source: they are a way of life in Michigan.

That’s why we must protect our Lakes at all costs – and why I am very concerned about the unique threat posed by the Line 5 pipeline running underneath the Straits of Mackinac. Any pipeline leak – no matter how minor – could devastate the Great Lakes watershed and contaminate much of the safe drinking water 40 million people rely on.

According to the University of Michigan, the volume of water going through the Straits of Mackinac is ten times that of Niagara Falls, and it’s rapidly changing currents could carry oil up and down Michigan’s coasts in the event of a spill. Like you, I was alarmed by recent reports that sections of Line 5 are missing critical protective coatings.

In March, I teamed up with Senator Stabenow to demand some answers from Enbridge, whose past assurances about the structural integrity of Line 5 run directly counter to these reports. Here’s what we want to know:

  • How many areas of the pipeline have lost coating, to what extent has coating loss occurred, and how and when were these areas discovered? 
  • What inspections and remedial action are underway to address existing and future coating loss?
  • If areas along Line 5 lack a coating or wrap, how does that affect the structural integrity of the pipeline?

These are just a few of the many serious questions must be addressed by Enbridge. But while we work to find these answers, we can’t afford to keep our eye off other concerns related to pipeline safety in the Great Lakes.

For example, U.S. Coast Guard officials have told me that we do not have adequate research or a plan for cleanup of oil spills in fresh water, especially under heavy ice cover and adverse weather conditions that we see during Michigan winters.

Last year, I was pleased that my bipartisan pipeline safety bill was signed into law by then-President Obama. Among other provisions, it required the federal agency overseeing pipeline safety to consider ice cover when developing oil spill response plans, designated the Great Lakes a high consequence area – making any pipeline in the Lakes subject to higher standards – and required pipeline reviews and oversight on the age and integrity of natural gas and hazardous liquid pipelines.

I’m also focused on efforts to classify Line 5 – and other pipelines crossing the Great Lakes – as offshore pipelines. Right now, Line 5 is considered an onshore pipeline, meaning it’s held to less stringent regulatory standards and liability requirements in the event of a spill. Given the potential for significant economic and ecological harm from an oil spill in the Great Lakes, this change in classification is critical.

Finally, I’ll be looking at ways to improve freshwater spill research and make updates to our coastal maps and data in order to better safeguard our natural resources.

We must continue to highlight the risks posed by Line 5, and FLOW’s efforts to shine a light on these risks is more important than ever. From keeping our Great Lakes free of pollution to highlighting the dangers of invasive species like Asian Carp, I applaud FLOW’s commitment to protecting this unique ecosystem. Together, we can work to keep our Great Lakes clean and safe for future generations of Michiganders.

 

 

 

Media Release: FLOW Urges State Rejection of Nestlé Corporation’s Bid to Increase Water Extraction

FOR IMMEDIATE RELEASE                                                                              April 21, 2017

Contact: Liz Kirkwood, Executive Director                                                Email: Liz@FLOWforWater.org
FLOW (For Love of Water)                                                     Office: (231) 944-1568; Cell: (570) 872-4956

Contact: James Olson, Legal Advisor                                                                         Office: (231) 944-1568
FLOW (For Love of Water)                                                                                               Cell: (231) 499-8831

 

TRAVERSE CITY, MI – Nestlé Corporation’s bid to massively accelerate its drawdown of groundwater in Osceola County for sale as bottled water falls far short of the bar set by Michigan water law, and must be denied, FLOW said today.

In official independent scientific and legal comments as the state today closes its public comment period, FLOW said the permit application submitted by the world’s largest bottled water company lacks key information legally required by the Michigan Department of Environmental Quality to approve the request. Impartial scientific analysis of a complete application likely would show significant harm to natural resources, according to a review of Nestlé’s submission by scientists hired by FLOW.

“The more deeply you look at this application, the more superficial it proves to be,” said James Olson, founder of FLOW, a Traverse City-based water law and policy center dedicated to upholding the public’s rights to use and benefit from the Great Lakes and its tributaries. “Nestlé has self-servingly offered more baseless assumptions than substance in its application. They’ve put clay material to minimize effects without finding out if it’s really there. They’ve put 14 inches into their groundwater model, when it’s probably closer to 9 inches.”

Nestlé Ice Mountain is seeking a state permit to increase its spring water withdrawal from 150 to 400 gallons-per-minute (gpm), or as much as 576,000 gallons-per-day, from a well in the headwaters of Chippewa and Twin creeks in Osceola County, threatening public resources in the Muskegon River watershed.

“While Flint residents continue to be deprived of safe public drinking water and struggle to pay $200 a month for their home and health, the state is contemplating the giveaway to Nestlé of 200 million gallons of groundwater a year in exchange for a $200 state filing fee,” said Olson. “State regulators are required under public trust law to protect the public’s water resources for sustainable use by the public, not give it away to a private corporation for resale back to the public to which it belongs.”

FLOW legal and scientific team found that Nestlé’s application:

  • Fails to fully evaluate existing conditions. Data collected between 2001 and the onset of pumping in 2009 were not evaluated, nor were the seven years of data gathered since pumping at 150 gpm began. The data provided are insufficient for the public or the DEQ to fully assess the impacts of either past pumping or to provide an adequate baseline for identification of future harm to natural resources.
  • Lacks adequate information about the predicted effects of their requested pumping. The validity of the groundwater model predictions of the pre-pumping conditions of the system is not adequately established, nor are the predictions of effects of existing pumping within the system adequately established.
  • Neglects to consider, or provide a reasonable basis to determine, the individual and cumulative harm from pumping. The application does not address the cumulative effects of pumping at the proposed 400 gpm rate, but rather solely discusses the effects of the increase in pumping from 150 to 400 gpm.

Because of these gaps, the application skirts potentially significant environmental harm, with Nestlé failing to report:

  • Cumulative reductions of stream flows, which would exceed 15 percent in several locations, according to FLOW’s analysis.
  • Significantly reduced, seasonal wetland flooding that likely would occur and that is essential to the proper function of the natural system.
  • Increased harm to natural resources during years of low precipitation.

“If Michigan’s water withdrawal law has any meaning, the DEQ must deny the application,” Olson said.

The DEQ will close the public comment period at 5 p.m. on April 21. Written comments before the deadline can be emailed to deq-eh@michigan.gov or mailed to: MDEQ, Drinking Water and Municipal Assistance Division, Environmental Health Section, P.O. Box 30421, Lansing, Michigan, 48909-7741.

Nestlé’s application, supporting data and documents are posted on the DEQ website: http://www.michigan.gov/deq/0,4561,7-135-3313-399187–,00.html

To learn more about FLOW’s efforts to challenge the Nestlé permit and protect the Great Lakes and Michigan’s groundwater, visit our website at www.FLOWforWater.org.

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PR: FLOW Urges State Denial of Nestlé Corporation’s Water Grab

FOR IMMEDIATE RELEASE                                                     April 12, 2017

Contact: Liz Kirkwood, Executive Director                          Email: Liz@FLOWforWater.org

FLOW (For Love of Water)                                                   Office: (231) 944-1568

Cell: (570) 872-4956

 

FLOW Urges State Denial of Nestlé Corporation’s Water Grab

Public Hearing Is Tonight for Swiss Giant’s Proposal that Threatens Michigan Natural Resources, Flunks Legal Test

 

TRAVERSE CITY, MI – Based on law and science, the State of Michigan should reject a proposal by Nestlé Corporation to dramatically increase its pumping of hundreds of millions of gallons of groundwater a year in Osceola County, northeast of Big Rapids near Evart, for sale as bottled water under its Ice Mountain brand.

The permit application submitted by the world’s largest bottled water company – which faces a state public hearing tonight in Big Rapids – does not comply with state legal requirements, according to an analysis by FLOW’s environmental attorneys and scientific advisors. And the Swiss company’s technical support documents purporting to show little or no impact on natural resources, including headwaters streams, wetlands, and brook trout populations, are based on faulty assumptions, manipulated models, and insufficient data.

Nestlé Ice Mountain is seeking a state permit to increase its spring water withdrawal from 150 to 400 gallons-per-minute, or as much as 576,000 gallons-per-day, from a well in the headwaters of Chippewa and Twin creeks in Osceola County, threatening public resources in the Muskegon River watershed. Nestlé pays $200 per year in state paperwork fees to operate.

“This proposal falls well short of passing the legal test,” said James Olson, founder of FLOW, a Traverse City-based water law and policy center dedicated to upholding the public’s rights to use and benefit from the Great Lakes and its tributaries. “Nestlé has rigged the numbers to try to justify its contention that it will not damage natural resources. The state must recognize that charade and deny the permit.”

The Michigan Department of Environmental Quality will hold a public hearing tonight at Ferris State University on Nestle’s request to expand its groundwater pumping operations. The hearing begins at 7 p.m. at Ferris State University Center at 805 Campus Drive in Big Rapids, and will be preceded from 4-6 p.m. by a state information session.

A review of Nestlé’s support documents by FLOW’s technical advisors found that Nestlé’s:

  • Information and evaluation of groundwater, wetlands, springs, and streams is based on an unreliable, manipulated computer model that looks narrowly at the proposed 150 gallons-per-minute pumping level increase, and not the cumulative 400 gallons-per-minute;
  • Application fails to rely on observed existing hydrology, soils, environment, and other conditions, in violation of Michigan’s water withdrawal law, which mandates evaluation of existing conditions;
  • Consultants failed to collect or use real conditions to compare to its unfounded, computer modeling predictions of no effects;
  • Model assumes more water in the natural system than exists, assumes more rain and snowfall gets into groundwater than actually occurs, used only selective monitoring for 2001-2002, and left out monitoring data from 2003 to present because it would show more negative impact to streams, wetlands, and wildlife.

“Our analysis shows there will be significant drops in water levels in wetlands, some of which will dry up for months, if not years, and will be completely altered in function and quality,” Olson said. “There will be significant drops in stream flows and levels, and this will impair aquatic resources and brook trout populations and the overall fishery of the two affected streams.”

Olson said there is no reasonable basis for the Michigan DEQ to make a determination in support of Nestlé’s application, since the state Safe Drinking Water Act requires denial if there is insufficient information. Nestlé’s failure to evaluate the full 400 gallons-per-minute it would be withdrawing fails to comply with the requirement of Michigan’s water withdrawal law. The adverse impacts on water resources violate the standards of the Michigan Environmental Protection Act.

“This is a fatally flawed proposal,” Olson said. “The state has no choice but to deny the application.”

The DEQ will accept written comment until 5 p.m. on April 21. Written comments can be emailed to deq-eh@michigan.gov or mailed to: MDEQ, Drinking Water and Municipal Assistance Division, Environmental Health Section, P.O. Box 30421, Lansing, Michigan, 48909-7741.

Nestlé’s application, supporting data and documents are posted on the DEQ website: http://www.michigan.gov/deq/0,4561,7-135-3313-399187–,00.html

To learn more about FLOW’s efforts to challenge the Nestlé permit and protect the Great Lakes and Michigan’s groundwater, visit our website at www.FLOWforWater.org.

 

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Click here to view FLOW’s recent comment on the Nestlé Application.

 

 

Welcoming Dave Dempsey to FLOW

I share in the excitement with FLOW’s Executive Director Liz Kirkwood, the staff, Board of Directors, and supporters in welcoming Dave Dempsey’s arrival at FLOW.

When we began FLOW in its initial stages nine years ago, Dave Dempsey expressed his enthusiasm and support for our launch and the course ahead.  He knows first-hand how important strong policies and actions are to address the systemic threats we face in the 21st century.

Dave and I have shared a friendship, worked together, and exchanged ideas and our shared passion for the Great Lakes, its people, and beauty for over 30 years.  FLOW, but  more importantly, all of us in Michigan and in the Great Lakes region are fortunate Dave has decided to join us at this time.  His ideas, wisdom, talents, professionalism, and experience will help us find and implement commons, public trust principles and new frameworks to find solutions to the systemic threats that face the Great Lakes and our world.

As you might expect, since Dave arrived, we’ve already rolled up our sleeves higher and waded a little more deeply to strengthen our capacity and efforts in what all of us and our organizations can accomplish as we work together and with many others in the years to come.

 

Gratefully,

Jim Olson

 

To see the recent press release about Dave Dempsey’s arrival at FLOW, please click here.

 

 

PR: Morsels Partners with FLOW in Continuation of Monthly Community Giving Partnership

 

Contact: Misha Neidorfler                                                321 E Front Street
Morsels, LLC                                                                    Traverse City, MI 49684
Phone: 231.421.1353                                                      www.morselsbakery.com
Mobile: 231.715.6281

For immediate release:

Traverse City, MI, March 29, 2017: For the month of April 2017, Morsels
Espresso + Edibles, a specialty bakery, featuring unique, bite-sized baked goods,
will be partnering with FLOW (For Love of Water), continuing an effort to support
the Traverse City community through unique, partnering arrangements. Morsels
has created a custom morsel (their bite-sized bakery goods) for FLOW called,
“for love of rosewater,” which is pistachio-cardamom cake with rosewater
frosting. For each of these morsels sold, Morsels will donate $.25 to FLOW at the
end of the month. The morsels will be available for purchase in the store as well
as on Morsels’ website for shipping from April 1-30.

 
FLOW is a water law and policy center working to protect the common waters of
the Great Lakes Basin through public trust solutions. We educate, engage, and
empower citizens to protect the Great Lakes now and forever. To learn more
about the systemic threats facing our Great Lakes water and how you can help,
we invite you to visit our web site at www.flowforwater.org.

 
Morsels Espresso + Edibles, owned and operated by local couple, Jeff and Misha
Neidorfler, offers a selection of specialty, hand-crafted, bite-sized desserts and
savory treats, along with a Michigan-sourced breakfast and lunch menu, and
features specialty coffee and tea from Intelligentsia Coffee and Kilogram Tea.
Morsels has been in business in Downtown Traverse City since 2008.
FLOW’s unique morsel flavor called, “for love of rosewater.” Morsels creates
specialty, bite-sized baked goods and will donate $.25 of each of these morsels
sold in the month of April to FLOW.


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PR: Great Lakes Policy Expert, Environmental Historian Joins FLOW

FOR IMMEDIATE RELEASE                                                                                                 April 3, 2017

Contact:  Liz Kirkwood, Executive Director                                                                          
Email:  liz@flowforwater.org
Office: (231) 944-1568; Cell: (570) 872-4956

Great Lakes Policy Expert, Environmental Historian Joins FLOW

TRAVERSE CITY – Great Lakes water law and environmental policy non-profit, For Love Of Water (FLOW), has hired Great Lakes policy expert and environmental historian, Dave Dempsey, as Senior Advisor.

For the past six years, Dempsey has served as Policy Advisor to the International Joint Commission (IJC).  The IJC was established in 1909 by the Boundary Waters Treaty between the United States and Canada and is charged with protecting the common waters and water interests of the United States and Canada. 

“We are thrilled and grateful that Dave has chosen to work with our team at FLOW to help protect and preserve the Great Lakes at this critical juncture,” said FLOW Executive Director Liz Kirkwood.

“Dave’s knowledge and experience will enrich and expand the scope of FLOW’s mission to empower citizens and elected officials with information-based risk analysis and with public trust solutions that will protect the health of the lakes, streams and drinking water in the Great Lakes basin for current and future generations,” Kirkwood said.

Dempsey’s 35-year career has included service as Environmental Policy Advisor to former Michigan Governor James Blanchard, presidential appointee to the Great Lakes Fishery Commission, and Senior Policy Advisor for the non-profit Michigan Environmental Council. He has also authored or co-authored nine books including the award-winning William G. Milliken: Michigan’s Passionate Moderate, 2006.

Dempsey said FLOW is unique in its approach to using the centuries-old public trust doctrine as a powerful tool to protect citizens’ legal rights to use the Great Lakes and to hold state governments accountable for ensuring these waters and public uses are protected in perpetuity.

His strong attraction to working with FLOW at this stage of his career, Dempsey said, is based on the opportunity to work with Kirkwood, the FLOW team, and with FLOW Founder Jim Olson, a nationally recognized environmental lawyer, to foster wide understanding and effective use of the public trust doctrine to protect the Great Lakes.  But, Dempsey said, his decision is also deeply personal.  

“In writing about Michigan’s conservation history, I learned about the men and women of the late 19th Century who laid the groundwork for today’s public forests, fish and game.  They were far ahead of their time. FLOW is comparable.  Its forward-looking efforts will prevent environmental and economic devastation by assuring public ownership and protection of our water,” he said. 

 

 Dave Dempsey,

Senior Advisor at FLOW

 

 

 

FLOW is a Great Lakes water law and policy 501 (c) 3 nonprofit organization dedicated to protecting the common waters of the Great Lakes Basin through public trust solutions.

 

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PR: Citizens Respond to Attorney General Schuette: Get Off the Sidelines on Line 5 and Protect Great Lakes

FOR IMMEDIATE RELEASE

Tuesday, March 28, 2017

Media Contacts: Leonard Page 231-268-8430/ leonard@thepages.net
David Holtz 313-300-4454/david@davidholtz.org

 

Citizens Respond to Attorney General Schuette:

Get Off the Sidelines on Line 5 and Protect Great Lakes

Responding today to a letter from Attorney General Bill Schuette, citizens groups from across the state told state officials that their decision to “stand on the sidelines” by failing to enforce legal requirements on pipeline operator Enbridge Energy Partners is putting the Great Lakes at risk from a catastrophic oil spill in the Straits of Mackinac.

In a March 8 letter to the Oil & Water Don’t Mix campaign, the attorney general, Dept. of Natural Resources Director Keith Creagh and Dept. of Environmental Quality Director Heidi Grether responded to revelations that protective anti-corrosion coatings were missing from 18 areas of Enbridge’s Line 5 in the Straits.  In their letter, Schuette, Creagh and Grether said they would investigate findings in a late 2016 report detailing the missing coatings as well as other evidence calling into question claims by Enbridge that Line 5 is safe.

In their response letter today to state officials, citizens groups told Schuette and other state officials that their failure to assert regulatory authority over Line 5 in the Straits could result in an oil spill that would “devastate our public drinking waters and our water-dependent economy.”

“It is not enough to stand on the sidelines or fail to take action that has the effect of complicity by deferring to Enbridge,” the groups said in their letter to Schuette.  “For nearly two years, we have heard our state leaders declare that the days of this pipeline are numbered and that Line 5 wouldn’t be built today.  However, the State of Michigan has not taken a single preventative measure to make our Great Lakes safer from a catastrophic oil spill.”

The missing Line 5 coatings, the groups said, violated a 1953 easement agreement with the state and should, at a minimum, have resulted in enforcement action against Enbridge.  By instead deferring to Enbridge, the state’s failure to act allows Enbridge to avoid comprehensive review of Line 5 and delays any potential action for months while the state continues to study the pipelines. 

“Attorney General Schuette’s urgency in protecting the Great Lakes and our communities from an oil spill seems to be missing,” said attorney Leonard Page of the Straits Area Concerned Citizens for Peace, Justice and the Environment.  “We need action now, before Line 5 ruptures and destroys our way of life and economy.”

In April 2016 the Oil & Water Don’t Mix campaign wrote Schuette and other state officials, identifying eight violations of the 1953 easement, including missing pipeline anchors, emergency oil spill response plan violations along with issues related to pipeline coatings in the Straits.  While the state notified Enbridge of easement violations, it has yet to require Enbridge to submit to a comprehensive environmental assessment under state law.  A current series of studies being done by the state with $3.6 million in funding from Enbridge are advisory.

“What Attorney General Schuette or any state official can’t tell us is how the structural integrity of these pipelines in the Straits are holding up against age, strong currents, missing anchors and missing coatings,” said David Holtz, chair of Sierra Club Michigan Chapter Executive Committee.  “They can’t tell us that because they are not taking the kind of enforcement actions that could produce answers.  They are not prioritizing protecting the Great Lakes over Enbridge’s profits.”

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Oil & Water Don’t Mix is a campaign supported by 22 organizations and thousands of citizens businesses who want to end the threat of a Great Lakes oil spill by shutting down the flow of oil through Enbridge’s Line 5 in the Straits of Mackinac.

The March 27, 2017 letter to Attorney General Schuette, the March 8 letter to OWDM from Schuette and OWDM’s original letter to Schuette are located here:

http://www.oilandwaterdontmix.org/owdm_response_to_ag_schuette_michigans_legal_duty

The Intrinsic Value of Water and the Public Trust Doctrine

March 22, 2017


World Water Day

Let us ask ourselves today, on World Water Day – led by the United Nations, Watershed Movement, and the Vatican, with the assistance of organizations like Circle of Blue and the World Economic Forum, and many others – just what is the value of water and life? How will we face the world water crisis worsened by greenhouse gases and climate changes?

Everywhere we look, the need for water to survive competes with other uses, and is made more desperate by climate change, droughts, flooding, and rising sea levels. The water crisis is destabilizing countries and communities, leading to insecurity and even war, as we’ve seen unfold in Syria and neighboring countries in the Middle East. Here in Michigan, a similar picture has emerged, as thousands of impoverished Detroit residents struggle to survive in the face of water shutoffs.

In the face of this, there is a cry for the recognition of the human right to water. The United Nations, through two resolutions, has recognized the human right to water and sanitation, yet countries routinely ignore it. Large private interests push for ways to control water, diminishing or opposing the human right to water in favor of serving their own needs and profit motives. And the health of millions of people continues to be threatened.

Value of Water

So the question becomes, just what is the value of water? What are our shared rights, and what of our responsibility to see that climate does not overwhelm the earth, leaving it unfit as a home for our children and other species? What private uses could possibly subordinate the paramount fundamental value of water and life, family, children, health and the common good for people now and for future generations?

The value of water is intrinsic, it is valuable in and of itself, a gift. It is common to all, yet necessary for each person, plant, and animal. Water falls and percolates and flows over the earth, forms springs, wetlands, creeks, streams, lakes, and oceans, and all along the way, of necessity, water flows in common to all life along either side of the watercourse. Water flows and defines watersheds, and watersheds define the ever-present nature of the water cycle. Water falls into the watershed and collects, evaporates, transpires, or flows out of the watershed. Every watershed is a unique building block of life on earth. If the integrity of water and watersheds is protected from harm, from one generation to the next, if it is assured above all rights, needs, and competing use as a commons for all, for the common good, then there is a basis for life to sustain itself now and into the future.

How do we protect the intrinsic value of water as commons for the common good and for each person, plant, animal, and community in a watershed?

Public Trust Doctrine

The answer lies in an ancient principle, drawn from Western civilization, but recognized through custom, culture, and heritage throughout the world, known as the “public trust doctrine.” In modern times, this doctrine was uncovered and elevated by the late Professor Joseph Sax in his seminal 1970 article in the Michigan Law Review. Professor Sax recognized that there is a set of legal principles surrounding water – whether lake, stream, or ocean – that protect its primary uses: navigation, boating, fishing, swimming, drinking, and sanitation. He envisioned a widely applicable tool to manage and address the foreseen and unforeseen threats and demands for water in the world’s future.

The public trust doctrine embodies four basic principles:

  1. Navigable waters cannot be controlled by private interests for primarily private purposes; these waters must be maintained for public purposes.
  2. These public trust waters cannot be materially impaired or diminished from one generation to the next.
  3. Governments where the water flows have a solemn and perpetual duty to protect the integrity of the quantity and quality of water from exclusive or dominant private control and impairment.
  4. Citizens, the people who live in a state or watershed, have a right and duty as beneficiaries to see that these principles are respected and honored.

If we as people, collectively and individually in our watersheds and communities, adhere to these principles, we will respect, honor, and protect the intrinsic value of water. In doing so, we assure water will be available and sustainable for everyone, including the least of us. If we do this for each watershed and the hydrosphere, we will assure that water is protected for the common good and each person of this and future generations. If we do this for the common good, the various competing uses and needs will be subordinate to the overarching public trust, and accommodated within the larger framework.

Public Trust and the Great Lakes

For example, the International Joint Commission, an international body charged by a treaty signed by Canada and the United States to protect the quality and flows and levels of the waters forming the boundaries, or flowing in and out of the two countries, released a report in 2016 on the protection of the Great Lakes in North America. These lakes, together with the St. Lawrence River basin, contain more than 20 percent of the world’s fresh surface water. The IJC recommended that to face the systemic threats to the Great Lakes in the coming decades – climate change, water levels, algal blooms creating massive “dead zones,” privatization and export, invasive species, waste from water mining, virtual water loss associated with other land uses such as farming that export products to other countries – that the two countries, eight states, and two provinces implement public trust principles as a “backstop” to other efforts, voluntary and regulatory. Why? Because, to assure protection and balancing of all needs and uses, there must be a common set of all-encompassing principles that catch the wild pitches, the errors, the miscalculations; in short, principles that like a lighthouse beacon keep societies, communities, businesses, and people from going off course or smashing on reefs.

Take, for instance, the Lake Erie “dead zones” caused by inadequately treated waste and a combination of climate change rainfall events and heavy phosphorous runoff from farms. In 2011, the western one-third of this lower Great Lake turned into an green toxic soup of algae, killing fish, impairing fishing and swimming, and harming tourist and water-dependent businesses. In 2014, algal blooms mushroomed again, this time closing down the drinking water system for 400,000 people in greater Toledo, Ohio. By honoring the public trust rights and responsibilities defined by public trust principles, theses systemic threats and their causal connections – phosphorous discharges and climate change – can be seen as a fundamental violation of the common good of water. By first protecting water as a commons through these public trust principles, everyone is equally required to adjust behavior to conform to the paramount obligation to protect the intrinsic value of water.

For this World Water Day, let us protect water and the human right to water as a commons and public trust. Let us move from competing public and private uses to well recognized rights, under an overarching framework of respect and responsibility. A public trust framework could provide the bridge between the intrinsic, real value of water, and the needs and uses for water on which all life depends.

The intrinsic value of all water, like life, is a gift from God, and compels us to protect water for the common good, now and for future generations. If we do this, we will make wise decisions about water, food, energy, economy, community, and peace and security. Let us start with recognizing and respecting the intrinsic value of water.

Jim Olson
President and Founder
FLOW (For Love of Water)

Happy Birthday, Governor Milliken

Celebrating a great former governor of Michigan

If Michigan has ever had an environmental governor, it was William G. Milliken, Traverse City’s son, who turns 95 on March 26.

The woods and waters of the Traverse City area, Milliken said, and particularly summer days at a family cottage near Acme, bonded him to nature in his childhood. That embedded appreciation carried forward into his political career.

Environmental Action

When Milliken became governor in January 1969, the public was clamoring for environmental action. He delivered.

In a January 1970 special message to the Legislature, he said, “The preservation of our environment is the critical issue of the Seventies.” The message contained a 20-point program, including proposals that ultimately became a shorelands protection act and a natural rivers conservation law.

An even bigger achievement that year was the passage, with Milliken’s support, of the Michigan Environmental Protection Act, or MEPA. Granting any citizen standing to sue for the protection of natural resources and the public trust in these resources from pollution, impairment, or destruction, the law had national significance and was imitated in many states.

In 1976, he defied Amway Corp. co-founder and major Republican Party donor Jay Van Andel by backing a tough limit on phosphorus in laundry detergent, a product manufactured by the company. Reduction of the nutrient almost immediately shrank algal blooms in Michigan waters.

The same year, the legislature deadlocked on a proposal to attach a deposit to some beverage containers. Convinced the law would reduce litter and promote recycling, Milliken joined forces with the Michigan United Conservation Clubs to put the proposed container deposit law on the 1976 ballot. Voters approved the law by a roughly 2-to-1 margin. It is still considered the most successful law of its kind in the nation.

Milliken signed over a dozen major environmental bills into law, many of them evolving from his proposals: wetlands conservation, hazardous waste management, inland lakes and streams protection, and what is now the state Natural Resources Trust Fund, a public land acquisition and protection program capitalized by proceeds from oil and gas drilling on state lands. He left office on January 1, 1983 after almost 14 years in office, the longest tenure of any Michigan governor.

Defining Water

In 2011, Milliken said Michigan citizens must think of water “as something sacred, not to be treated as a commodity for barter and trade. If we Michiganders observe this principle in public policy and private actions, there will be no limit to the prosperity of our state. Water will then continue to define Michigan, enrich us in ways that include but reach far beyond dollar values, and be our legacy to generations to come. It is no wonder that our Supreme Court once declared that our streams, lakes, and Great Lakes are held in a ‘high, solemn and perpetual trust.’”

Happy Birthday, Governor Milliken.

PR: State of Michigan Takes a “Holiday” from Preventing Line 5 Oil Spill Disaster in Great Lakes

FOR IMMEDIATE RELEASE                                                                                         March 9, 2017

Contact:  Liz Kirkwood, Executive Director                                               Email: Liz@FLOWforWater.org

FLOW (For Love of Water)                                                     Office: (231) 944-1568, Cell: (570) 872-4956

 

State of Michigan Takes a “Holiday” from Preventing Line 5 Oil Spill Disaster in Great Lakes

Snyder Administration Watches and Waits as the 64-year-old Dual Pipelines Missing Their Anti-Rust Coating and Structural Supports Continue to Use Mackinac Straits as a High-Risk Shortcut to Private Profits

TRAVERSE CITY, MI – The Snyder administration, in two letters (here and here) released Wednesday, indicated it will seek more information, but take no enforcement action, while continuing to accept Enbridge’s assurances that all is well with dual oil pipelines in the Mackinac Straits that the Canadian company itself has indicated are missing portions of an external, anti-rust coating and lacking 18 anchor supports to prevent the pipes from grinding and bending along the bottom and bursting.

The letters – signed by Attorney General Bill Schuette, Michigan Department of Natural Resources Director Keith Creagh, and Michigan Department of Environmental Quality Director Heidi Grether – describe “inviting” Enbridge to explain the company’s September 2016 report that identifies 19 areas along the submerged steel pipes where the anti-corrosion coating is missing. Enbridge’s report euphemistically calls the missing portions “holidays,” industry jargon for areas where the coating has worn or fallen off. The report outlines a plan for assessing Line 5’s integrity where the coating is gone and acidic waste excreted by invasive mussels that blanket the pipes could be causing corrosion.

Enbridge claims that the report is merely “hypothetical,” even though the report flatly states that the external coating is missing and the words “hypothetical” and “theoretical” are not found in the document.

“The State of Michigan is moving in slow motion to question Enbridge’s claims that its own report doesn’t mean what is plainly says,” said Liz Kirkwood, an environmental attorney and executive director of FLOW, a Traverse City-based water law and policy center dedicated to upholding the public’s rights to use and benefit from the Great Lakes. “When the pipelines finally fail, will the state invite Enbridge to explain what the thick, black substance is pouring out of the 64-year-old pipes and into the drinking water source for nearby Mackinac Island, St. Ignace, and roughly 5 million Michiganders?”

The state issued its March 8 letter in response to February 17 correspondence from the Oil & Water Don’t Mix campaign, which FLOW co-leads with several other leading organizations, that raised grave and detailed concerns about the condition of Line 5 and called for its immediate shutdown.

An Enbridge representative is expected to explain its report at the March 13 quarterly meeting in Lansing of the governor-appointed Michigan Pipeline Safety Advisory Board, whose members include Attorney General Schuette. The advisory board is overseeing the completion of two nominally independent studies funded by Enbridge: one on the financial risk to communities and the Pure Michigan economy of a Line 5 oil spill in the Mackinac Straits and the other on alternatives to the aging pipeline that could avoid such a disaster. These two studies are expected by June 2017.

Enbridge is infamous for leaking more than one million gallons of heavy tar sands oil into the Kalamazoo River watershed near Marshall, Michigan, in 2010, fouling nearly 40 miles of the river and shore, sickening numerous people, harming wildlife, and forcing more than 100 families to permanently abandon their homes and property.

The failure to adequately maintain the Line 5 pipelines, including a lack of supports to prevent bending of the pipeline – is a breach of Enbridge’s 1953 legal easement agreement with the State of Michigan that allows the company to occupy public waters and state bottomlands. The failures documented in the Enbridge report add to the mounting evidence of the unacceptable risk that this infrastructure poses to the Great Lakes.

A three-minute video of Line 5 pipelines in the Straits, researched and edited by FLOW’s engineering expert Dr. Ed Timm, reveals the physical deterioration of Line 5, with missing and dislodged coating, broken bands, detached wooden structural slats, unsupported segments, and possible rust and pitting.

In addition, a just-released technical note prepared by Dr. Timm regarding Line 5 reinforces the urgent need for the state to immediately shut down Line 5 while it evaluates the integrity of the aging infrastructure that pumps nearly 23 million gallons of oil a day through the Mackinac Straits before eventually reaching refineries in Sarnia, Ontario. Specifically, this technical note concludes the following:

  • Line 5 is not immune to corrosion and stress cracking despite its thick walls, contrary to Enbridge’s claims;
  • The asphalt enamel based coating system is compromised or missing on many areas of the pipe;
  • The extent of the coverage by invasive mussels on the pipelines makes it “impossible” to evaluate how much of the coating system is compromised;
  • The easement-required wooden slats that were designed to protect from point loads and abrasion are missing entirely on portions of the pipelines; and
  • The peak currents in the Mackinac Straits are nearly twice the maximum velocity considered when the pipeline was designed, adding significant stress;
  • A full study of the integrity of the coating system that includes a careful examination of the impact of the biofouling on the pipelines is critical to making a proper fitness-for-service evaluation.

“The evidence demands that the State of Michigan respond and fulfill its affirmative fiduciary duty,” wrote Jim Olson, an environmental attorney and FLOW’s president, in a March 9 follow-up letter to the State of Michigan. “It is not enough to stand by the sidelines and merely request additional information from Enbridge given the high risk of a catastrophic oil spill in the Great Lakes that would devastate our public drinking waters and our water-dependent economy. ‘Pure Michigan’ should not just be an advertising slogan.”

For more information, visit the FLOW website at www.FLOWforWater.org

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FINAL FLOW-Line 5 Media Release-Pipeline Coating 3-9-2017