Tag: FLOW

Environmental groups demand Governor and State take immediate action to protect the Great Lakes from hazardous Enbridge Mackinac Straits oil pipeline

Published on July 2nd, 2014 by - Reports & Media Releases

July 2, 2014

FOR IMMEDIATE RELEASE

Contact: Liz Kirkwoood, Executive Director

231 944 1568 or liz@flowforwater.org

 Michigan Governor Snyder urged to exercise full authority over Enbridge Pipeline No. 5 under public lands easement agreement and Great Lakes Submerged Land Act 

Traverse City – 17 Conservation, water and environmental groups and the Little Traverse Bay Bands of Odawa Indians today sent a letter to Michigan Governor Rick Snyder urging greater state action to regulate Enbridge Pipeline No. 5. The 61 year-old pipeline transports nearly 23 million gallons of crude oil and other petroleum products under the Straits of Mackinac each day.

The letter points out potential violations in operations and public disclosure requirements established by Public Act 10 of 1953 and the Great Lakes Submerged Land Act. Public Act 10 granted the Michigan Department of Conservation public trust authority to allow this particular easement on public trust bottomlands and waters of the Great Lakes provided they are “held in trust.”

The letter cites the lack of disclosure and transparency by Enbridge and the failure of the State of Michigan to enforce accountability and compliance consistent with the requirements of the public trust in the waters and bottomlands of the Great Lakes.

“The lack of information leaves too many questions; it makes it impossible to truly assess the risk of a devastating crude oil spill under the Straits of Mackinac, “said Liz Kirkwood, Executive Director of FLOW and a principal author of the report. “For instance, the 1953 easement agreement sets the maximum operating pressure of pipeline No. 5 at 600 psig. Data from the federal Pipeline and Hazardous Materials Safety Administration (PHMSA), show that Enbridge’s maximum operating pressure significantly exceeds 600 psig, and instead typically runs at nearly twice the allowed pressure at about 1000-1250 psig. We have to get to the bottom of this and other crucial safety questions. ”

 Enbridge had a catastrophic spill on its pipeline near the Kalamazoo River in 2010, causing severe environmental impacts and massive cleanup costs.

“We urge you, the Attorney General, and Department of Environmental Quality (DEQ) to fully assert your authority under the easement, Public Act 10 of 1953, the GLSLA, and public trust law to ensure that any use by Enbridge of Line 5 under the Straits does not, and will not likely, subordinate, interfere with, or impair these public trust waters and bottomlands or the public use and enjoyment of these waters  so essential to the quality of life and economy of Michigan,”  the letter states.

The groups praised the Michigan Attorney General and the Department of Environmental Quality for their joint April 29, 2014 letter to Enbridge. Recognizing that the Straits pipeline present a “unique risk” and an overwhelming magnitude of harm to the Straits, Lake Michigan-Huron, the ecosystem, and the public and private use and enjoyment that depend on them, the Attorney General and DEQ demanded that Enbridge provide critical detailed information about:  pipeline construction, modification, useful life and replacement, (2) existing and potential future uses of the pipelines, (3) pipeline inspection, (4) pipeline leak prevention, detection, and control, (5) contingency planning and spill response, (6) compliance with easement terms, and (7) access to Enbridge records under the easement.

“We appreciate the recognition by the Attorney General and the DEQ of the State’s public trust or stewardship responsibilities to protect these waters, bottomlands, and public uses from potential harm and risk associated with Line 5,” said Jim Olson, founder of FLOW, a Great Lakes water policy center. “But even if Enbridge complies with the requests of the Attorney General and DEQ in this letter, it will not have fully complied with the terms of the easement, Public Act 10, the GLSLA, or public trust law that protects the integrity of the Straits and Great Lakes.”

In the April 29 letter, the Attorney General and the DEQ state, “Strong currents in the Straits could rapidly spread any oil leaked from the pipelines into both Lakes Huron and Michigan, causing grave environmental and economic harm. Efforts to contain and clean up leaks in this area would be extraordinarily difficult, especially if they occurred in winter or other severe weather conditions that commonly occur at the Straits.” These currents could rapidly move this oil spill plume throughout Lake Michigan-Huron.

“The Great Lakes supply drinking water to 42 million people,” said Howard Learner, Executive Director of the Environmental Law & Policy Center. “We can’t afford another potential Enbridge oil pipeline spill like what happened in the Kalamazoo River.   Let’s work to try to prevent another costly disaster. All of the Great Lakes states have a vital stake in avoiding oil spill hazards in the Straits of Mackinac.”

The letter urges the Governor, Attorney General and DEQ to fully exercise authority under the easement, Public Act 10 of 1953, the GLSLA, and public trust law to ensure that any use by Enbridge of Line 5 under the Straits: “does not, and will not likely, subordinate, interfere with, or impair these public trust waters and bottomlands or the public use and enjoyment of these waters – so essential to the quality of life and economy of Michigan.”

The letter enumerates four necessary next steps:

  1. Submit the information the AG and DEQ requested in their April 29 letter and make such information available to the public;
  2. Disclose in detail all oil and other liquids or substances that have been, are, or will be transported through Line 5 pipelines under the Straits;
  3. File a conveyance application for authorization from the DEQ under the GLSLA and public trust law, coupled with a comprehensive analysis of likely impacts on water, ecosystem, and public uses in the event of a release, and demonstrate that Line 5 will conform with the State’s perpetual public trust duties and standards for occupying and using the waters and bottomlands of the Straits and Lake Michigan-Huron; and
  4. Achieve full compliance with all express terms and conditions of the easement.

Enbridge recently increased Line 5 pipeline product flow under the Straits by 10 percent from 490,000 to 540,000 barrels per day, or 2.1 million gallons per day. Enbridge increased Line 5’s pipeline pressure by 20 percent, depending on the viscosity of the product being pumped and transported.  Enbridge has increased the transport of oil in this aging 61-year-old pipeline containing heavy oil characteristics or compounds from tar sands.

“The effects of a catastrophic spill under the Straits would devastate the tourism industry so vital to the economy of northern Michigan,“ said James Clift, Policy Director of Lansing-based Michigan Environmental. The effects of a catastrophic spill under the Straits would devastate the Straits and Mackinac Island as an international attraction, the tourism industry so vital to the economy of Michigan.”

The State of Michigan has not yet conducted a proper public trust analysis under common law, the GLSLA, Constitution or Michigan Environmental Protection Act (“MEPA”). Mandatory evaluation is required under the law to determine whether or not the occupancy and use by Enbridge of Line 5 is “likely to pollute, impair or destroy the air, water or other natural resources or the public trust in these resources,” according  to Kirkwood.  In other words,  Enbridge must affirmatively prove that this five-mile submerged pipeline,  with its recent oil and product changes and increased volume and pressure will not likely harm public trust waters, the ecosystem, and uses for fishing, commerce, navigation, recreation, and drinking supplies that depend on these waters.

“Michigan residents need to get active and make it known they demand accountability,” said Jim Lively, Michigan Land Use Institute.

Environmental and conservation advocates have long been frustrated by the lack of information available about Line 5. The letter points out that the public trust requires complete transparency, disclosure, and accountability on the part of Enbridge. The State of Michigan has unfettered authority to demand such transparency, disclosure, and accountability.

The Great Lakes hold 20 percent of the world’s fresh surface water.

A copy of the full letter is available here.

# # #

FLOW is the Great Lakes Basin’s only public trust policy and education 501(c)(3) nonprofit organization. Our mission is to advance public trust solutions to save the Great Lakes.


FLOW Takes Lead Authoring Line 5 Letter to Governor: Elevating the Public Trust Duty to Protect the Great Lakes

Published on July 2nd, 2014 by - News

On July 1, 2014, FLOW, along with sixteen other conservation, water, and environmental groups and the Little Traverse Bay Bands of Odawa Indians submitted a letter to Michigan Governor Rick Snyder, urging him to address Enbridge’s 61 year-old Line 5 oil pipelines located under the Straits of Mackinac in Lake Michigan-Huron. The letter addressed Enbridge’s lack of transparency and disclosure regarding its current use of Line 5, as well as the Company’s compliance record with the terms and conditions of the 1953 easement and agreements it made under Act 10, P.A. 1953, the Great Lakes Submerged Lands Act (“GLSLA”), and public trust law.

State’s Perpetual Public Trust Duty to Protect Great Lakes

As the State’s primary trustee of the Great Lakes public trust waters and bottomlands, Governor Snyder has the solemn perpetual duty to ensure that the actions of both public and private parties are not likely to harm this shared resource. This means that the State must ensure uninterrupted use for fishing, commerce, navigation, recreation, and drinking supplies for future generations.

Letter’s Requests to the Governor

The signatories have asked that the Governor exercise his broad legal authority to demand that Enbridge:

  1. Submit the information the Attorney General and the Department of Environmental Quality requested in their joint April 29 letter and make such information available to the public.
  2. Submit detailed information regarding the product contents, use, and safety of Pipe Line 5.
  3. File a conveyance application under the GLSLA.
  4. Achieve full compliance with all express terms and conditions of the easement.

Enbridge’s Track Record

Since 1999, Enbridge has been responsible for over 800 oil spills, leaking a total of 6.8 million gallons of oil into the environment. Michiganders will remember Enbridge’s catastrophic Line 6B pipeline spill along a 35-mile stretch of the Kalamazoo River, discharging some one million gallons of heavy tar sands oil and resulting in a $1 billion cleanup cost. Enbridge’s Lack of Disclosure Raises Questions About Compliance with 1953 Easement Based on Enbridge’s track record and the ecologically sensitive location of Line 5 in the Straits of Mackinac, the signatories urged the State to take swift and meaningful action to ensure full compliance with the terms of the easement and the long-term protection of the Great Lakes. A review of the 1953 easement revealed a lack of transparency, disclosure, and compliance with the following expressed terms and conditions:

  1. Maximum Operating Pressure (MOP): The MOP of the pipeline is 600 pounds per square inch gauge (psig). Recent data raises questions as to whether or not Enbridge is adhering to this pressure requirement.
  2. Complete Records of Oil: Under the terms of the easement, The State of Michigan has express authority to require Enbridge to disclose and make available complete records of oil and all other substances being transported in the Line 5 pipelines.
  3. Maximum Span of Unsupported Pipeline: The records are incomplete as to whether or not Enbridge has complied with the 75 foot maximum span of unsupported pipeline requirement. Enbridge’s recent “maintenance” DEQ permit requests to place anchoring supports on the bottomlands of the lakes raises questions about full compliance with this easement term.
  4. Maximum Curvature Requirement: Enbridge should disclose current data showing that no section of Line 5 violates the maximum curvature requirement of a 2050 foot radius, as specified in section A(4) of the the 1953 easement.
  5. Adequacy of Liability Insurance Provision: The term of the easement requires that Enbridge maintain at least $1 million in insurance coverage. However, the $1 billion cost associated with the breach of Line 6B along the Kalamazoo River raises serious questions regarding the sufficiency of the protection offered by the 1953 easement.

The absence of such information – all of which is mandatory though Public Act 10 of 1953, the 1953 easement, the GLSLA, and the public trust doctrine – makes it impossible to truly assess the risks and ramifications of a devastating crude oil spill in the heart of the Great Lakes. Moreover, as trustee of the Great Lakes, the State of Michigan and its agencies have unfettered authority under the GLSLA and public trust law to demand that Enbridge provide such transparency, discloser, accountability, and compliance.

Next Steps

Line 5 is a Michigan and Great Lakes public trust issue, not a partisan one. The time to act is now given the age of the pipeline and Enbridge’s recent efforts to increase Line 5’s capacity and a change in product to synthetic crudes. Public trust authority empowers the state to require Enbridge to disclose all relevant information on Line 5 and provide much needed transparency and accountability. This, in turn, will  ensure our common waters are protected for current and future generations.

Given the gravity of this situation, all signatories of the letter have asked to meet with Governor Snyder to discuss the aforementioned desired actions at his earliest convenience. Below is the list of groups that have signed-on to this letter.

  • Michigan Environmental Council (MEC)
  • For Love of Water (FLOW)
  • Environmental Law and Policy Center (ELPC)
  • Michigan Land Use Institute
  • League of Conservation Voters (LCV)
  • Freshwater Future
  • Northwest Michigan Environmental Action Council (NMEAC)
  • Concerned Citizens of Cheboygan and Emmet Counties
  • Article 32.org
  • Michigan Citizens for Water Conservation (MCWC)
  • Michigan Resource Stewards
  • SURF Great Lakes.org
  • Straits Area Concerned Citizens for Peace, Justice and the Environment (SACCPJE)
  • TC350.org
  • The Watershed Center Grand Traverse Bay
  • West Michigan Environmental Action Council (WMEAC)
  • Little Traverse Bay Bands of Odawa Indians
  • Straits Area Audubon Society

Click here to read the letter to Governor Snyder

Click here to read the Press Release

News Articles

AP News Article 

ABC12 News Article

Detroit News Article 

Toledo News Now Article 

The State News Article

WGVU News Article

FLOW attends Northern Michigan Pipeline Symposium

Published on June 30th, 2014 by - H2Olson

On Tuesday night June 24, 2014, approximately 150 concerned citizens gathered together at Petoskey High School to learn and ask questions about Enbridge Energy and their future plans for pipeline 5.  A wide range of advocacy and regulatory groups were also in attendance and participated in the discussion panel that followed after presentations form PHMSA, Enbridge, and the EPA.

The symposium was structured with a very controlled design. Enbridge along with a number of overlapping agencies and advocacy groups welcomed discussion at tables outside the auditorium before the event started. It was hard to see Enbridge’s table as they were crowded with protesters and students from MI-CATS (Michigan Coalition Against Tar Sands) calling out claims against the energy company. Amongst the 2 bodyguards present with Enbridge, a nervous demeanor was apparent in the shaky voice of their representatives.

Allan Beshore was the first speaker to present. He represented the US Dept of Transportation’s PHMSA (Pipeline and Hazardous Materials Safety Administration) group and provided an explanation of PHMSA’s involvement with the oil and gas industry. The jolly Kansan kept his talk simple and bland with factual information. Allan’s message was that PHMSA is not just a regulating entity but also a group that has a mindset towards providing stewardship to affected communities. Interestingly enough, Allan did note during his presentation that corrosion and equipment failure historically have been the largest occurrence to pipeline breaks.

When Brad Shamla, Enbridge Energy’s Vice President of North American operations took the stage he was met with dissatisfying boo’s from the crowd. Brad focused on the history of Enbridge and made it clear that they have learned a lot from the Kalamazoo spill in 2010. He made sure to underline the fact that Enbridge has invested millions in new green energy technology, safety measures, and attempts to improve the image and culture of their company since the spill in 2010. It was evident that Enbridge wanted to portray their effort to increase public awareness and community outreach also. Thematically the presenters held to a “trust us mentality” assuring citizens they have improved systems since the Kalamazoo oil spill. Yet, nothing seemed too compelling or new in Brad’s talk. While Enbridge has largely grown its employment over the last 4 years, only 250 jobs will be created in Michigan from their proposed pipeline 5 work.

Ralph Dollhopf an on-scene coordinator from the EPA was the last to speak. Ralph discussed the oil and hazardous substance national contingency plan. Reviewing the steps of the process towards executing the plan in the event of a spill.  Concerns about tar sands sinking or floating in water were addressed time and again as Ralph based his explanation off the fact that “weathering factors” play a large role in determining sink/float characteristics of oil. This makes it hard to determine any universal cause plan for a spill without knowing the characteristics of the body of water it occurs in.

Initiating the Q & A session 15 people took the stage representing:

Enbridge

American Petroleum Institute

PHMSA- Pipeline Hazardous Materials Safety Administration

US Environmental Protection Agency

Coast Guard

Michigan Department of Environmental Quality

Michigan Public Service Commission

Tri-County Emergency Management

Regional Health Department

Marine Pollution Control

Pipeline Safety Trust

Michigan Environmental Council

Tip of the Mitt Watershed Council

Panel questions were predetermined and due to time constraints limited to addressing only a portion of all the questions. Enbridge’s V.P. provided open-ended answers and vague clarifications to most questions as the large majority were directed at him. The rest of the representatives held true to a message of how prepared they are in the event of an oil spill. Bill Hazel, Director of Marine Services from Marine Pollution Control made a point that focus needs to not only be on post-spill contingency plans but also pre-spill. It was clear that there was a lack of preventative tools used to contain spills in the event of a pipeline break in the straights. Today in Mackinaw City there is less than 1 mile of boom ready for deployment in the event of a spill.

FLOW’s submitted question for the panel went relatively unaddressed. “Has Enbridge obtained authorization from DEQ under Part 325, Great Lakes Submerged Lands Act for placement and use of the pipeline”?  In response the DEQ avoided directly answering the question stating that the DNR holds the easement and little was known about it, while Enbridge held to the claim that pipeline 5 was grandfathered in under PA 10 back in the 1950s. To be blunt both spokesman seemed unprepared to answer any public trust questions.

In writing the narrative for the symposium a true lack of public transparency took shape in the thesis. If there is a necessity to move oil, pipelines seem to be the most efficient means and an agreement must be found to regulate them. Given Michigan’s immense wealth in the natural resource of water, public trust responsibility is very important. Enbridge Energy came to the event hoping to reassure the public that they are prepared for a potential pipe burst but did not answer anyone’s direct concerns. Enbridge is only looking to seek resolution based on their past history which acknowledges the public’s biggest fear of the energy company, another spill. Citizens left the symposium with more doubt unsure of what the future will hold; it’s the public’s Great Lakes and everyone has the right to know what is occurring in their waters.

A special thanks to Tip of the Mitt Watershed Council for organizing and running this event.

News coverage can be found here: Local NBC affiliate’s story   IPR Public Radio’s story 

UpNorthLive: Canadian power company proposes nuclear dump site near lake

Published on June 25th, 2014 by - News

Click here to read the article on upnorthlive.com

By Meghan Morelli

GRAND TRAVERSE CO. — Grand Traverse County commissioners are discussing a resolution that’s making its way around the state to stop a Canadian power company from potentially causing harm to the Great Lakes.

The resolution started with commissioners in Alger, Munising in the Upper Peninsula.  The purpose of the resolution is to stop the company from building an underground nuclear waste facility in Ontario.

The potential facility would be built on the site of the Bruce Power Plant, the largest nuclear facility in the world.  That site sits less than one mile from the Lake Huron shoreline.

The company would like to store low and intermediate level waste there, but those against it say it could drastically impact the Great Lakes that make up 21 percent of the world’s fresh water supply.

For Love of Water, FLOW, a Great Lakes water law and policy center says they’re behind the resolution to stop the company from doing this.

FLOW Executive Director, Liz Kirkwood, says it could have serious negative impacts on our drinking water and the ecosystem in the Great Lakes.

“It could contaminate this water supply that is the basis for our entire economy, fisheries, recreation, and drinking water,” said Kirkwood.

Kirkwood says there has never been a nuclear waste site like this on U.S. territory.

According to FLOW, the Michigan Senate unanimously passed a bill in resolution against this proposal earlier this month.  Senator Debbie Stabenow is also behind the resolution.

Grand Traverse County Administrator, Dave Benda, says he doesn’t expect that any action will be taken on the issue during Wednesday’s commission meeting.

Intern Adventures: Courtney Hammer

Published on June 23rd, 2014 by - H2Olson, News

Hello! My name is Courtney Hammer, and I am thrilled to be spending twelve weeks this summer up in the beautiful Traverse City, Michigan interning with FLOW (For Love of Water). I was raised down south in Roswell, Georgia, but Traverse City is home away from home for me, as I have vacationed up here every summer visiting my grandparents, relatives, and friends.

courtney hammer flow internI will be a senior at Michigan State University this fall. My family bleeds green and white, so I have been a Spartan since birth. I am in the James Madison College at MSU majoring in Comparative Cultures and Politics. I am also working towards a minor in Spanish and a Science, Technology, Environment, and Public Policy Specialization. Throughout my time at MSU, I have been a member of the varsity women’s soccer team.

Over the next few months I will be applying to law schools, and the plan is to start that next chapter of my life in the fall of 2015. I am passionate about both the environment and human rights, so I want to do something that involves an intersection of those two areas.

At FLOW, I am helping out with research and writing projects for our variety of programs, especially concerning nutrient pollution, and I am assisting Jim Olson with the curriculum development for the Water Policy and Sustainability (for the 21st Century) course he will teach at Northwestern Michigan College this fall. I have already learned a tremendous amount about the endless applicability of the public trust doctrine and just how vital of an overarching legal tool it is for the Great Lakes and environmental policies at large. For instance, I have specifically seen how it should impact local government capabilities with fracking and the State’s regulation of the Line 5 pipeline under the Straits of Mackinac. Additionally, with nutrient pollution, I have learned just how crucial it is in terms of enforcing best management practices to mitigate both agricultural and stormwater runoff.

That is just a snippet of who I am and what I have been doing at FLOW. I am excited to see what the rest of the summer has in store for me!

Record-Eagle Editorial: NMC can help create a future water agenda

Published on June 19th, 2014 by - News

Click here to read the editorial in The Record Eagle. AND Click here to read the feature article from the Record-Eagle.

By: Record-Eagle Editor

June 19, 2014

If you want to study volcanoes, you go to Hawaii. If you’re going to study fresh water policy, Traverse City and Northwestern Michigan College’s Great Lakes Water Studies Institute are naturals.

NMC also is home to one of the few college-based maritime programs in the country and sits right on Grand Traverse Bay and a few short miles to Lake Michigan.

Now NMC is ramping up its water expertise through a new course titled “Water Policy and Sustainability” that represents a new alliance with the Traverse City-based advocacy group FLOW — For Love of Water —- and its founder, Jim Olson.

Olson is an attorney with the firm Olson, Bzdok and Howard and a recognized expert in environmental and water law and policy. He co-designed and will co-teach the course.

Olson said the course will look at water policy from a historical and current policy perspective and “then build upon the history and present water laws and policy to ask the question: Are we ready for what’s coming in the 21st Century?”

The future is what matters here. In Michigan, there can be no bigger issue than fresh water. It is our greatest asset and its value will only increse. How we prepare ourselves to protect that asset through sound policy and robust laws could determine our future.

Olson says water is “common to all of us and that imposes limits on what we must do to preserve it from one generation to the next.”

Preserving the resource likely includes fending off — or at least controlling — efforts from outside the Great Lakes watershed to tap into what appears to be an unlimited resource that could all too quickly look all too limited.

Water Studies Institute education coordinator Constanza Hazelwood said the course is part of an effort to expand the Institute’s global policy curriculum. Any talk about water policy must be global to matter.

NMC has an opportunity to become a leader in future debates over water policy and to set the agenda. We as a state and nation need to learn how to talk about water and how to protect — and share — the asset.

NMC, Olson and FLOW all bring different skills and perspectives to the debate, and all three need to be heard.

Dark Snow is “Not Cool” – Peter Sinclair on Climate Change and Showstoppers

Published on June 18th, 2014 by - H2Olson, News

Peter Sinclair is tall and brawny, and while the climate change communications expert looks like he could scale a mountain or scramble a glacier (and soon he will), he doesn’t look like a baseball player on steroids. What looks like a baseball player on steroids, he says, is climate change. While a baseball player on steroids may have an overall improved performance, like more home runs, it’s not possible to connect the steroids to any single home run.   Climate change and global warming is the same way, says Sinclair, climate change causes cumulative losses, sometimes devastating to earth and humanity.  The overall trend is that climate change contributes to weather extremes, and it is happening at a more frequent pace. But just like the ball player, it’s not practical to attribute climate change to any one specific weather event or another. Today’s cool rains, for instance, cannot disprove global warming. All you have to do is ask an insurance company’s actuary or risk analysis department. The extreme events and frequencies are rising fast.

Sinclair, a native of Midland with a family background in environment and energy activism, visited Traverse City Monday to give a presentation on global climate change issues. At lunch with Sinclair and water attorney-cum-nonprofit-policy-advisor Jim Olson, the conversation kept returning to the notion that the media and grassroots communications need to step up and drive home the reality that climate change is here, global warming is now and it is serious.

Our climate baseball player has been dosing for some time, and even if we successfully cut carbon emissions, we’ll still be dealing with the repercussions of the past, and the consequences are dire. Like addiction, the consequences of actions can take decades to subside. The actions of our past have created climate conditions contributing to significant issues, like warming average lake temperatures, making our Great Lakes more invasive species-friendly, and more apt to bloom with toxic algae. We might not see the greenhouse gasses of yesteryear, or of today, but the rippling impacts manifest in our everyday struggles. Sinclair and Olson are both acutely aware of is the invisibility of their respective fields, and the importance of bringing issues like climate change and the hydrological cycle out of hiding and into focus. FLOW’s work connects the dots between serious systemic threats like climate change to the impacts on water and the hydrologic cycle and our daily lives, and helps us understand the commons through which we must holistically address these threats.

Sinclair’s video series aim to make those kinds of connections, and his “Climate Change Crock of the Week” YouTube segments became so popular with politicians, journalists, and scientists, that now Sinclair contracts with Yale Climate Connections on a new series, “This is Not Cool.” Sinclair’s foray into the climate change video world was kick-started into gear after he was among the first to train with Al Gore in Nashville about seven years ago, an effort that has expanded globally into what is now the Climate Reality Leader Corps. The difference is Sinclair’s knack for irony, smart editing, and droll scripts that debunk the climate denial myths and translating without trivializing the science and scientists that prove climate change is indisputable.

Presently Sinclair is working with the “Dark Snow” project, a mission to Greenland led by expert climate scientists and a pro media and communications team. For two weeks, the team will weather intense sun, extreme cold, and a constant, slippery battle to get their data. Describing his experience from last year’s Greenland excursion, Sinclair says “it’s like climbing the Sleeping Bear Dunes for four hours before you can even get your first measurement… and it’s ice.”

Despite the challenges of battling the elements, they will help show the climate scientists in action and are trying to raise funds to set up a live stream from their encampment. All the ice core and surface water samples will be analyzed to measure the on-the-ground effects of climate change on Greenland’s ice sheet. The team is specifically investigating how and why dark snow is accelerating the ice melt there. Why? With causes of climate change running amok under a cloak of invisibility, it’s important to be able to identify tangible “showstopper” issues, says Sinclair. By finding out the cause of dark snow, scientists can identify a “limiting factor” that can be prevented or mitigated in a meaningful way. Rather than trying to stop the whole juggernaut of climate change, finding a lynchpin to stop the wheels of climate change from turning is just as important for avoiding critical catastrophes, like hyper-accelerated ice melt in Greenland.

At FLOW, Olson is working on gaining traction for identifying the “limiting factor” of phosphorus loading that is feeding the growing harmful algal bloom problem in the Great Lakes. Of course, climate change effects on the Lakes accelerate and increase the magnitude of the algal bloom problem. Which is why solutions for preventing further global warming is critical, too. Identifying the “showstoppers” is a critical mission for the Dark Snow project and for FLOW’s work in the Great Lakes, but these projects aren’t happening in a vacuum. Both Sinclair and Olson are studying and working on the “nexus” intersection of water, energy, agriculture, and climate change issues. Of these, issues like carbon tax regimes and price parity of renewable energy are increasingly relevant to Great Lakes water levels and Greenland’s ice sheet albedo.

As Sinclair points out, “we still have a choice” in our future, and we should choose climate change solutions like greening our energy supply and optimizing energy demand efficiency. Making small choices on a collective scale isn’t as difficult as moving – or in Sinclair’s case, climbing – mountains, and with leaders like Sinclair and Olson, solving essential, trim tab issues like dark snow and algal blooms can deliver a real home run for our shared environment and our future.

Record-Eagle: NMC and advocacy group test unity waters

Published on June 17th, 2014 by - News

Jim Olson FLOW

Click here to read the article in The Record Eagle. AND Click here to read the Record-Eagle Editorial about this program.

By Michael Walton

June 17th, 2014

Northwestern Michigan College officials will expand NMC’s water studies programming through a course launching this fall with the help of a local water policy and education group.

NMC and For Love of Water — or FLOW — joined to create the course “Water Policy and Sustainability.”

Jim Olson, founder of FLOW and a partner in the Traverse City-based law firm Olson, Bzdok and Howard, said the course offers something unique.

“That is, the course will look at water policy historically, in present times, and then build upon the history and present water laws and policy to ask the question: Are we ready for what’s coming in the 21st Century?” he said.

Olson, an expert in environmental and water law and policy, co-designed and will co-teach the course.

Olson will focus on three areas: the connections between water and things like food, energy and transportation; the hydrological cycle; and the balance between an individual’s right to access water and the necessity to protect the resource for future generations.

“To solve the problems in this century, we have to understand water is not only individual to each of us, but it is common to all of us and that imposes limits in terms of what we must do to preserve it from one generation to the next,” he said.

Constanza Hazelwood, education coordinator for NMC’s Great Lakes Water Studies Institute, said water is an increasingly important resource both regionally and globally.

“We hear more and more that water is scarce, water is an issue in boundary conflicts, and the students want to learn more about, how they can look at our freshwater assets in light of those developments around the world,” Hazelwood said.

The new course is part of an effort to expand the Water Studies Institute’s global policy curriculum, Hazelwood said. It also dovetails with NMC’s wider efforts to develop relationships with education institutions in China, including the Kaifeng-based Yellow River Conservancy Institute.

Individuals interested in enrolling can visit nmc.edu/water.

Water cut offs in Detroit a violation of human rights

Published on May 26th, 2014 by - H2Olson, News

By Guest Blogger Maude Barlow, National Chairperson for the Council of the Canadians and longtime partner of FLOW.
Read the original post here.

Maude Barlow Detroit MI Great Lakes

Maude Barlow speaks in Detroit, MI

I recently visited Detroit, Michigan and am shocked and deeply disturbed at what I witnessed. I went as part of a Great Lakes project where a number of communities and organizations around the basin are calling for citizens to come together to protect the Great Lakes as a Lived Commons, a Public Trust and a Protected Bioregion. We are also deeply worried about the threat of extreme energy such as diluted bitumen from the tar sands of Alberta and fracked oil and fracking wastewater from North Dakota being transported by pipeline and rail near the lakes and on barges on the lakes and are calling for a ban of these dangerous toxins around and on the Great Lakes.

But the people of Detroit face another sinister enemy. Every day, thousands of them, in a city that is situated right by a body of water carrying one fifth of the world’s water supply, are having their water ruthlessly cut off by men working for the Detroit Water and Sewerage Department. Most of the residents are African American and two thirds of the cut offs involve children, which means that in some cases, child welfare authorities are moving in to remove children from their homes as it is a requirement that there be working utilities in all homes housing children.

People are given no warning and no time to fill buckets, sinks and tubs. Sick people are left without running water and running toilets. People recovering from surgery cannot wash and change bandages. Children cannot bathe and parents cannot cook. Is this a small number of victims? No. The water department has decreed that it will turn the water off to all 120,000 residences that owe it money by the end of the summer although it has made no such threat to the many corporations and institutions that are in arrears on their bills as well. How did it come to this?

Detroit is a victim of decades of market driven neoliberal policy that put business and profit ahead of public good. Social security programs have been slashed and their delivery privatized. Investment in essential infrastructure has been slashed. Every winter, hundreds of aging pipes spew water from leaks and the water has not been turned off in thousands of abandoned houses and boarded up businesses where frozen pipes also lose huge amounts of water.

With globalization and the hollowing out of the once mighty auto industry, wealth and businesses fled to he suburbs, draining the city of its tax base and the water department of its revenues. (There are one million fewer people living in Detroit than there were in the 1950s.)

The burden of paying for the water and sewer services landed squarely on those who stayed, mostly poor African Americans. Rates rose 119% in a decade in a city with record high unemployment and a 40% poverty rate.

To make matters worse, as a cost cutting measure, the water department stopped sending bills, expecting residents to just figure out their own bills. It then installed “smart metres” that read backwards and many families were hit with bills in the thousands of dollars. Many of these bills were from former tenants, and many included water bills from near by abandoned houses but that didn’t matter to the authorities.

Recently, the city of Detroit was declared bankrupt by the state and a high priced bankruptcy lawyer was named Emergency Manager with a mandate to get the city back on its feet financially. Nothing is off the chopping block, not the city’s famous art collection or its water utilities which are about to be privatized. As the feisty Charity Hicks, a leader of the resistance to the cuts and a founding member of the Detroit People’s Water Board, which includes welfare and human rights groups and environmentalists, points out, authorities see these unpaid bills as a “bad debt” and want to sweeten the pot for a private buyer. Hence the rush to implement a ruthless plan of cut offs for anyone more than two months behind in payments.

It is important to acknowledge the class and race dimension of this assault. There have been no stories on the cut offs in the mainstream US media. One cannot imagine that fact if the people losing their water were middle class white people. But the feeling is that Detroit is a lost cause and the people there deserve what they are getting.

L Brooks Patterson is the elected CEO of the affluent Detroit suburb of Oakland. In a recent interview in the New Yorker, he affirmed that a statement he had made 30 years ago was still valid. “A number of years ago I made a prediction and it’s come to pass. I said, ‘What we’re gonna do is turn Detroit into an Indian reservation where we herd all the Indians into the city, build a wall around it and then throw in blankets and corn.'”

This man wins his elections with huge majorities.

What is happening in Detroit is a social crime and a violation of the human right to water and sanitation as recognized by the United Nations. It is a violation of the “Obligation to Respect,” whereby a right once realized cannot be removed.

The situation in Detroit is a travesty and the governments of Michigan and the United States itself must be held accountable.

President Obama must step in.

As more and more of the public space is privatized and sold off to corporations, is this our collective future? Never before have the differences between the 1% and the poor been greater in America.

The daily cut offs of water in Detroit, water needed for life and dignity, are an affront to the notion that we have advanced very far in our understanding of human rights or in its practice. We all stand guilty if we do not shout out against this terrible injustice on our continent.