Tag: FLOW

Longtime FLOW Volunteer Eric Olson Steps Down as Communications Director

Eric Olson, FLOW, Great Lakes, public trust, policy center, water

Click here to view and download the press release as a PDF.

FOR IMMEDIATE RELEASE

Contact: Liz Kirkwoood, Executive Director
231 944 1568 or liz@flowforwater.org

Longtime FLOW Volunteer Eric Olson Steps Down as Communications Director, Maintains Position as Board of Directors Vice Chair

TRAVERSE CITY, MI – Presiding selflessly as an unpaid volunteer Executive Director from 2009 to 2012 and then as Communications and Education Director from 2012 to April 2014, Eric Olson has stepped down from his staff role and now maintains his position as Vice Chair and interim Secretary of the Board of Directors.

Eric Olson has been with FLOW since its infancy, and was the first Executive Director. He joined FLOW to help realize the lifelong dream of his brother—FLOW Founder and President Jim Olson—to start a Great Lakes policy and education nonprofit.

“Jim, of course, infected me with his passion for the Great Lakes, the public trust, and water justice,” says Eric Olson.

“If it were not for my brother Eric joining forces with me to form the original FLOW coalition, FLOW would not be the thriving, cutting-edge water policy and education nonprofit organization it is today,” says Jim Olson.

Some of Eric Olson’s notable contributions to FLOW include:

  • transitioning FLOW from a coalition to a nonprofit,
  • reimagining the FLOW website,
  • launching and managing FLOW’s Facebook page,
  • growing the very beginning of the Great Lakes Society, and
  • networking to bring FLOW together with world-renowned water advocate and National Chairperson of the Council of Canadians, Maude Barlow for a series of speaking engagements and workshops across the Great Lakes Basin.

“Eric has worked tirelessly to build a movement and a coalition of organizations and individuals dedicated to protect the Great Lakes as a commons. We are so grateful to him for his volunteer work and service. Because of Eric, FLOW has become a strong policy and educational center for the Great Lakes,” remarks Executive Director Liz Kirkwood.

Eric Olson, who resides in Rochester Hills, MI with his wife Joyce, gave enormous amounts of his free time to FLOW during what he calls his “semi-retirement” from commercial real estate. He spent countless long weekends travelling hundreds of miles, dedicated to helping forge FLOW from an idea into reality.

“FLOW started because of the need to address questions and threats to the Great Lakes and waters of Michigan, and Eric understood the magnitude of this. He also shared the larger vision of the right of the public to use and enjoy the Great Lakes and our common waters, and the importance communicating this to the public in addition to our research and reports submitted to government leaders. Because of Eric, we now have a strong communications program and several partner organizations around the Great Lakes, in addition to our water policy program and projects,” says Jim Olson.

Eric Olson will remain with FLOW as Vice Chair and interim Secretary of the newly expanded Board of Directors, and his staff leadership legacy will continue to benefit FLOW for many years to come. “I’m looking forward to continue serving on the Board as Vice Chair to ensure FLOW’s leadership in educating the public and our government leaders about the threats facing our Great Lakes and the solutions FLOW is advancing to protect these majestic waters. These solutions not only protect the Great Lakes but also the public’s rights and responsible uses of these waters that have been handed down generation to generation by our forefathers through public trust doctrine,” says Eric Olson.

Serving alongside Vice Chair Eric Olson is newly-elected Board of Directors Chair and attorney Mike Dettmer. Also joining the FLOW Board of Directors this spring are former Executive Director of the Grand Traverse Land Conservancy, Lew Coulter; Senior Editor of Circle of Blue, Keith Schneider; and Food & Water Watch Water Program Director, Emily Wurth.

# # #

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.

Crawford County Avalanche: Township will host meeting regarding hydraulic fracturing

Click here to read the article on Crawford County Avalanche

By Dan Sanderson, Staff Writer – Crawford County Avalanche

April 30, 2014

Grayling Charter Township is hosting an informational presentation regarding Horizontal Hydraulic Fracturing, more commonly known as fracking for oil and gas, for area citizens.

A organization called FLOW, For Love of Water, will make a presentation called  Horizontal Fracking for Oil & Gas in Michigan:  Legal Strategies & Tools for Local Communities. The presentation will be held at 6:30 p.m. on Tuesday, May 13 at the Grayling Charter Township Hall.

“We as township officials are educating ourselves and researching possible zoning and ordinances that could be adopted to help regulate ancillary activity associated with oil and gas exploration and production in our area,” said Grayling Charter Township Supervisor Rick Harland. “This will be a great opportunity to get a good overview of what goes on and a chance to ask questions.”

Hydraulic fracturing involves drilling into geologic formation ranges between 5,000 to 10,000 feet deep, compared to more common oil and gas well that are 600 to 2,000 feet deep. High volume hydraulic fracturing involves the use of more than 100,000 gallons or water. In addition, materials such as sand and chemicals are used to prop open the artificially created or enhanced fractures to extract the oil and gas from the deeper formations.

FLOW is a Great Lakes water policy and  education center, dedicated to advancing public polices to protect the Great Lakes for current and future generations.

According to FLOW, the natural gas and oil industry is largely exempt from key federal environmental laws including the Safe Drinking Water Act and Clean Water Act.

“We all need gas and oil to continue a life style we have become accustom to,” Harland said. “Having said that, it is equally important to protect and preserve our precious rivers, lakes and other sources of fresh water. We believe that we can protect our valuable resources at the same time explore for oil and gas, through regulation and cooperation.”Therefore, states are primarily responsible for regulating activities.

Rick Henderson, field operations section supervisor for the Michigan Department of Environmental Quality (DEQ) Office of Oil, Gas and Minerals, said the state updated its regulations to address hydraulic fracturing for oil and gas exploration, development and production in 2011.  More rules were proposed in late 2013 and are currently under consideration.

Henderson said that hydraulic fracturing was first used for oil and gas exploration in the State of Michigan in 1952. Throughout the 1980s and 1990s, Henderson added that 12,000 wells were drilled using hydraulic fracturing in the Otsego County-region.  Those wells were shallower and did not involve a high volume  of water usage, but had no negative impact on the environment or public health and safety.

“It’s our goal to protect the resources of the state and public’s health and safety – that’s our number one goal and focus,” Henderson said.

FLOW educates township officials on ordinances they can adopt to regulate related oil and gas activities such as natural gas pipelines, flow lines, gathering lines, treatment or production facilities, compressors and water and chemical mixing stations. In addition, townships can adopt ordinances regulating emission releases, high truck traffic and  transportation issues, land impact, odors, noise, the handling reuse and disposal of wastewater and hazardous solid materials or liquids.

Harland encouraged residents from throughout the area to attend the meeting.

Well May the World Go PART III

traverse city pete seeger community concert well may the world go

By Gretchen Eichberger of the Northwest Michigan Folklife Center

Editor’s Note: Gretchen, along with Tim Joseph of the Spirit of the Woods Music Association, organized the 3-part concert series “Well May the World Go” to honor the legacy of folk music icon and social activist Pete Seeger (1919-2014). Gretchen and Tim graciously offered to donate the proceeds of these events to FLOW, and we are honored to be a part of the great community that has come together to celebrate Seeger’s legacy. Read Gretchen’s blog on her site here. All photos credit Gretchen Eichberger.

THE WHOLE WIDE WORLD AROUND…… BY SONJA…

THE WHOLE WIDE WORLD AROUND…… BY SONJA…

The INSIDE OUT GALLERY was the site for the final concert of the WELL MAY THE WORLD GO  concert series.  We sincerely hope there are more, as all around the nation and world, people continue to gather and pay tribute to Pete Seeger.  Sponsored by Spirit of the Woods Music Association, Northwest Michigan Folklife Center, and Institute for Sustainable Living Art and Natural Design, these concerts celebrated the life and legacy of Pete Seeger, a champion for civil rights and environmental protection.

FLOW for Water was our beneficiary, and we are proud to say that through these concerts,  generous financial support was raised for their mission of protecting our Great Lakes.

traverse city pete seeger community concert well may the world go

Regional folk music artists Robin Lee Berry, Ingemar and Lisa Johannsen, Tim Joseph, Byron Joseph, Patrick Niemisto, Norm Wheeler, Luan Lechler, Sonja Shoup, Glenn Wolf, John Storms Rohm,  Tim Burke, Marley Demers, Peacemeal, Bob Downs, Frank Youngman, Michael Hughes, and Victor McManemy along with many others, turned out to lead the Traverse City community in a high energy afternoon of singing and activisim.  The singing built more emotional ties and harmonies- literally and figuratively.  It appears we as a people in this little pocket of Michigan are a strong unit  – proud and strong of our homeland and the waters that give us life.

At the halfway mark, Liz Kirkwood, Executive Director of FLOW for Water and it’s Founder, Jim Olson, spoke to us about their work.  They are truly folk heros, working for our common good, educating the PEOPLE about the PUBLIC TRUST.

A sincere THANK YOU to everyone who came to sing out , contribute their hard earned money, build community and advocate for our most precious natural resource – WATER.

lake michigan

I recently  stumbled upon the most recent issue of The Sun, and I wish to include this interview excerpt by Howard Jay Rubin with Pete Seeger in 1981 for The Sun magazine. The interview was reprinted in the 2014. April/May issue

HR: Do you think we’re really making progress in this fight against pollution?

PS:  To a certain extent we kid ourselves by thinking we are having successes.  Perhaps we are only slowing down inevitable disaster.  It’s perfectly possible. T.S. Elliot says  “This is the way the world ends/  Not with a bang but a whimper.”

Maybe we’ll just poison ourselves to death.  On the other hand who knows?  We have made progress.  The middle Hudson is swimmable now, where it was not swimmable ten years ago.  And now CLEARWATER is trying to organize a petition campaign in New Jersey and New York State to demand that the cleanup be continued, no slowed down simply because President Reagan wants to balance the budget a little better. There are lots of ways to balance the budget. It’s going to take about 1 billion more to complete the sewage plants along the Hudson, and that’s a lot of money.  It’s five dollars for every man, woman, and child  in the USA.  But we spend a couple of billion dollars on sking; we spend a couple of billlion on T-Bone steaks and fancy foods; we spend more than a couple of billion on vacation homes for our well-to-do people, and several billion dollars on pleasure and boating and trips.  Don’t let anybody tell you that America cannot afford $1 billion to make the water that flows past the Statue of Liberty swimable again.

LOOKING DOWN FROM PYRAMID POINT, LAKE MICHIGAN – LATE APRIL 2014

LOOKING DOWN FROM PYRAMID POINT, LAKE MICHIGAN – LATE APRIL 2014

traverse city well may the world go pete seeger community concert

Virtual Townhall Webinar: A New Vision and Framework to Address Nutrient Pollution and Harmful Algal Blooms in Lake Erie and Beyond

Click here to view and download the press release as a PDF

April 24, 2014

FOR IMMEDIATE RELEASE

Contact: Liz Kirkwoood, Executive Director
231 944 1568 or liz@flowforwater.org

May 13 Virtual Townhall Webinar Convenes Top Experts on Nutrient Pollution

Panelists Discuss Harmful Algal Blooms on Great Lakes

TRAVERSE CITY, MI – Registration is limited for the May 13 12pm ET webinar on Nutrient Pollution, Harmful Algal Blooms, and Dead Zones in the Great Lakes.

 A New Vision and Framework to Address Nutrient Pollution and Harmful Algal Blooms in Lake Erie and Beyond

Join Dr. Don Scavia (University of Michigan), Dave Dempsey (International Joint Commission), Codi Yeager-Kozacek (Circle of Blue Correspondent), and Jim Olson (Founder, FLOW) for an interactive webinar discussion on nutrient pollution and resulting harmful algal blooms (HABs) in the Great Lakes, and how the public and the states together can utilize the public trust doctrine framework as an added decision-making tool to address HABs in Lake Erie and beyond.

Date: Tuesday, May 13, 2014 at 12 – 1:30 pm EST

Speakers:

Dr. Don Scavia (University of Michigan) will set the stage and provide the scientific foundation and causation of phosphorus pollution and resulting HABs in Lake Erie.

  • Dave Dempsey (International Joint Commission) will describe the IJC’s most recent bi-national recommendations to tackle nutrient pollution in Lake Erie. 
  • Codi Yeager-Kozacek (Circle of Blue Correspondent) will share stories about agricultural practices and their impacts across the Lake Erie basin. 
  • Jim Olson (Founder, FLOW) will discuss the states’ roles in applying the public trust framework to set enforceable phosphorus limits and address nutrient pollution.

Moderated by Liz Kirkwood, Executive Director, FLOW

Description: In 2011, Lake Erie experienced an unprecedented harmful algal bloom (HAB) that covered most of its western basin and created a “dead zone” the size of Delaware and Rhode Island combined. The slimy green algae excrete toxins that result in closed beaches, threatened drinking water, and harmed fish and wildlife. The International Joint Commission (IJC) – the bilateral agency founded in 1909 to help manage the Great Lakes and boundary waters of the United States and Canada – just released its 2014 Lake Erie Environmental Priority (LEEP) Report. In the final LEEP report, the IJC encourages states and provinces in the Great Lakes Basin to apply the public trust as a framework for future policy decisions in order to prevent and minimize HABs in Lake Erie:

 “The governments of Michigan, New York, Ohio, Pennsylvania and Ontario should apply a public trust framework consisting of a set of important common law legal principles shared by both countries, as an added measure of protection for Lake Erie water quality; government should apply this framework as an added decision-making tool in policies, permitting and other proceedings…”

With the IJC’s invaluable recent support, the opportunity is ripe to utilize the public trust doctrine as a tool to address HABs in Lake Eerie and beyond. This webinar will inform participants on the root causes of HABs and the threats they present to ecosystems and communities of Lake Erie. After outlining the nature and scope of the problem, the webinar speakers will then discuss specific strategies for citizens and leaders to tackle HABs through the framework of the public trust doctrine. Participants will leave the webinar informed on nutrient pollution, HABs, and one of the most promising new strategies to eliminate them.

Registration: Space is limited to the first 100 registrants. Click here to register.

This is the third webinar of Council of Canadians’ Protect the Great Lakes Forever Virtual Townhalls.

Be sure to invite your friends, colleagues and family to this event!

Learn more about Council of Canadians’ Protect the Great Lakes Town Halls.

 # # #

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. 

Well May the World Go: Mills Community House, Benzonia

By Gretchen Eichberger of the Northwest Michigan Folklife Center

Editor’s Note: Gretchen, along with Tim Joseph of the Spirit of the Woods Music Association, organized the 3-part concert series “Well May the World Go” to honor the legacy of folk music icon and social activist Pete Seeger (1919-2014). Gretchen and Tim graciously offered to donate the proceeds of these events to FLOW, and we are honored to be a part of the great community that has come together to celebrate Seeger’s legacy. Read Gretchen’s blog on her site here. All photos credit Gretchen Eichberger.

Throughout the nation and around the world, people are gathering to celebrate the life and legacy of Pete Seeger.  A revered folk musician and activist, Mr. Seeger championed for many environmental causes and social justice. He believed in the power of song and the power of community.   Here in northwest lower Michigan, we are rallying together to keep Pete’s spirit and cause alive, as there is so much to work for in THIS PLACE. The spirit of community  filled the century old Mills Community House with the songs, stories and poetry honoring legendary folk music musician and activist, Pete Seeger.   Approximately 120 people filled in the late afternoon.   As the concert ended,  the light of the setting sun poured in through the windows.

Singing out at the Mills

Singing out at the Mills

This series of concerts could not come at a more timely fashion.  Along with celebrating the life of this American icon,  the concert series is taking donations at the door, with proceeds benefiting FLOW for Water.    Flow’s mission is to advance Great Lakes policies that protect our common waters.  Flow educates decision makers and communities about the public trust doctrine and the commons as a ways to protect the priceless Great Lakes.  We were fortunate to have both Liz Kirkwood and Jim Olson, of FLOW to share the organization’s important work. Jim spoke of the work of late Joseph Sax, a University of Colorado law professor.

Sax asked:  “How come there’s no public dimension to natural resource law, and the public who uses these areas and actually owns most of them doesn’t have a say in what goes on? His answer, in 1970, was “The Public Trust Doctrine in Natural Resource Law:  Effective Judicial Intervention,” in the Michigan Law Review — a piece that went on to become one of the most influential law review articles ever.   To read a about Joseph Sax’s quest, click here.

The final concet of this series (although we hope there will be more) is slated for 3:00 pm, Sunday, April 13 at the INSIDE OUT GALLERY in the Warehouse District, Downtown Traverse City.  We welcome all singers, poets, and storytellers to sign up to lead and inspire and build community. Please visit this page to be part of this project.

FLOW Executive Director Liz Kirkwood and FLOW Founder and President Jim Olson speak to the group about the public trust doctrine and the commons as a way to protect our great lakes

FLOW Executive Director Liz Kirkwood and FLOW Founder and President Jim Olson speak to the group about the public trust doctrine and the commons as a way to protect our great lakes

http://fox17online.com/2014/03/25/bp-confirms-oil-spill-into-lake-michigan-from-whiting-refinery/#zdeo6c59ezxkXu8E.01

http://www.npr.org/blogs/thetwo-way/2014/03/25/294454330/bp-says-oil-spill-in-lake-michigan-has-been-contained 

oil cleanup

beautiful coast

tales of pete

Luan shares her encounters with Pete Seeger

A captivated audience for John

A captivated audience for John

the group

A heart-felt thank you to all the musicians, storytellers, poets who shared their voices with us. Tim Joseph, Marlene Woods, Victor MacManemy, Luan Lechler, Renee Herman, Carol Voights, Ingemar and Lisa Johansson, Sue and Gary Wood, Marley Jablonski-Demers, John Storms-Rohm, Fred Kraimer, Patrick Niemsto, Tim Burke, Barbara Stowe, and Michael Hughes.

A trio of powerful women before the show

A trio of powerful women before the show

Carol on accordion and John on mandolin

Carol on accordion and John on mandolin

 

Jacob Wheeler of the Betsie Current inquiries with Jim Olson, Founder of FLOW

Jacob Wheeler of the Betsie Current inquiries with Jim Olson, Founder of FLOW

Joe Sax, Legal Giant and Visionary, Leaves the Gift of the Public Trust Doctrine

For Professor Joseph Sax

  • “Of all the concepts known to America law, only the public trust doctrine seems to have the breadth and substantive content which might make it useful as a tool of general application for citizens seeking to develop a comprehensive approach to resource management problems.” – Joe Sax, The Public Trust Doctrine, 66 Mich. L. Rev. 473, 474 (1970).
  • “Any person…  may maintain an action in the circuit for the protection of the air, water, natural resources and the public trust therein from pollution, impairment, or destruction.” – Joe Sax, Codified as The Michigan Environmental Protection Act of 1970.
  • “To those for whom wilderness values… has never been of more than peripheral importance,  this book asks principally for tolerance…”… to the preservationists themselves, in whose ranks I include myself, the message is that the [public] parks are not self-justifying. Your vision is not necessarily one that will commend itself to the majority.  It rests on a set of moral and aesthetic attitudes whose force is not strengthened either by contemptuous disdain … or taking refuge in claims of ecological necessity. Tolerance is required on all sides, along with a certain modesty.” – Joe Sax, Mountains Without Handrails, pp. 108-109 (University of Michigan Press, 1980).
Professor Joe Sax (1936-2014)

Professor Joe Sax (1936-2014)

Joe Sax, father of environmental law citizen suits and the public trust doctrine and Michigan and California professor, passed away last week, leaving a legacy far beyond his 78 years. His wife Ellie Gettes Sax passed away this past December. His sense of justice, family, art, knowledge, wisdom, masterful writing, and passion will be sorely missed by his family, friends, colleagues, and the many students and fans who have had him in class or read his law review articles, essays and books.

But thank you to Joe for the legacy he left—writings that are so sound in research and reason and so visionary in real world application. Like the public trust doctrine from ancient times that he resurrected in the famous 1970 Michigan Law Review, parts of which are quoted above, his body of work will undoubtedly continue to teach students and lawyers how to protect water and the planet for generations to come.

My thoughts go to Joe Sax, his family, and colleagues, and the thousands of law students, lawyers and judges who admire or have been inspired (or jolted) by his work. He will be sorely missed by his family and friends close to him and those who knew him. Fortunately, the beacon of his work burns brightly, as it has done and will do.

I remember the first time I met him as Professor Sax when he spoke at the Michigan State University Union in 1972. I actually didn’t “meet” him that day, but heard him talk to the assembled group about a law (the Michigan Environmental Protection Act) that he had drafted and was signed into law by Governor Bill Milliken.

He spoke mostly about the idea behind it: that the water, watershed, and people who live or work there are all connected as a single natural system, and are collectively protected by this new law and by the public trust. How? Through rights, responsibility, and access (what lawyers refer to as “standing”) to courts to enforce these rights and duties and protect this natural system and trust from harm.

As a recent law graduate then working at the Michigan Supreme Court, I had seen a notice of his lecture posted on the Union bulletin board and wanted to know what it was about. I left the Union that day with one thing on my mind (like so many others, I’m sure): this was I wanted to do as a lawyer.

Little did I know that I’d be so fortunate, and Joe Sax so kind, to study under his personal supervision when I attended Michigan for my Masters in law. That he took me on was a huge gift, one I’ve wanted to return, like so many of us who have been inspired by him, in the day-to-day work that we do by applying and implementing the very values and principles he strived for and espoused so eloquently.

I treasure his trip to Traverse City a few years ago to deliver a keynote on water. I picked him on at the airport and he generously agreed to meet for dinner with Joan and Will Wolfe—friends of his and the citizen duo behind passage of the environmental citizen suit law in Michigan—and all of the lawyers, mostly young, at our firm. Even today they still talk about that evening.

Then there was his keynote address at the State Bar of Michigan Environmental Law Section’s 25th anniversary a few years back, when Joe traveled to East Lansing for another lecture. This time the focus was on accepting the reality of climate change and, as lawyers, beginning to envision pragmatic ways to prepare for the rising oceans and disappearance of habitat in flooded estuaries, wetlands and lowlands.

He wondered aloud how we as lawyers might start thinking about setting aside land use zones now for the new wetlands and sensitive habitats or spawning grounds that will be needed in the future as water levels rise along the shores of the oceans?  Or,  how should we as a society start to address the dropping water levels of the Great Lakes, preparing for the need of new wetlands in exposed lake or river beds?  Figuring out who will own these new exposed lakebeds if they become permanently dry upland property? Will these be considered private riparian or public trust lands or both?

I think about friends who had him as a professor or mentor, at Michigan and later at Berkeley, and can only imagine the stories they have, I’m sure quite similar to my own. Joe Sax wrote and taught eloquently—an artist within the linear framework of law-but he was also a tremendous influence and affected many, many people, in so many good ways.

He left a legacy of accomplishments, although that is not the way he would view them, given his respect, and I think love, for soundly researched, firmly reasoned, and artfully structured and worded writings on law, justice, the arts and culture. Rather, he left a legacy of contributions, giant contributions.  While not close to a list of his body of work, at the end of this post is a list of a few works that cannot go unmentioned.

So many other organizations, leaders, professors, and friends of Professor Sax could say or tell far more than I ever could. But we at FLOW are deeply grateful for Joe Sax and his life, and in mission we hope to fulfill in some pragmatic measured ways what he envisioned.

For in what is still the early morning of the 21st century, the world faces seemingly insurmountable threats, some that point toward global collapse if we continue on the selfish and material path that we now live as civilizations and economies. We have a choice between living in a world of top-heavy wealth of a few that pushes people and the earth’s commons to the point of collapse, or reasserting the fact that “no man (sic) is an island,” that we live in a commons and are tied by those commons to survive and live.

FLOW’s hope is to apply what Joe Sax’s envisioned for the public trust doctrine as an umbrella or benchmark that protects those parts of our world that are the commons, particularly the water that runs through all.  FLOW’s articulation and application of this vision is described in a recently published article:

A possible answer is the immediate adoption of a new narrative, with principles grounded in science, values, and policy, that view the systemic threats we face as part of the single connected hydrological whole, a commons governed by public trust principles. The public trust is necessary to solve these threats that directly impact traditional public trust resources like the Great Lakes and its tributary waters.  The most obvious whole is not a construct of the mind, but the one in which we live – the hydrosphere, basin, watershed, through which water flows, evaporates, transpires, is used, transferred, and is discharged in a continuous cycle.  Every arc of the water cycle flows through and effects and is affected by everything else, reminiscent of what Jacques Cousteau once said, “We forget that the water cycle and the life cycle are one.” All Aboard: Navigating the Course for Universal Adoption of the Public Trust Doctrine.

Professor Joe Sax, we re-dedicate our work to you and what you stand for.

Memorial Services for Joe and his family will be held Sunday, March 23, 2014, Congregation Emanu-El, San Francisco.

[Please note that the editorializing in the parenthesis in the list below are wholly mine and should not be attributed to Professor Sax. Better to read these selections yourself]:

  • Defending the Environment – A Strategy for Citizen Action (1972) (a ground-breaking book that called for legal standing and access to the courts for citizens and urged responsibility and duty for government and everyone to protect the natural bounty of this world).
  • The Public Trust Doctrine in Natural Resources Law: Effective Judicial Intervention  (a seminal landmark article that compiled and offered the public trust doctrines as a broad and deep approach to address the systemic threats to our most special places, parks, and common waters).
  • The Michigan Environmental Protection Act of 1970 (the first model and adopted citizen suit law to protect the air, water, natural resources and the public trust in those natural features and our common air and water).
  • Takings, Private Property and Public Rights, 81 Yale L. J. 149 (1971) ( some property, whether public or private, are so inextricably related to public health and welfare that protection of such lands and features preserves what is public without taking private property rights, where none can be said to have been truly expected in the first place).
  • The Michigan Environmental Protection Act of 1970: A Progress Report, 70 Mich L. Rev. 1003 (1972) (Joe Sax and Roger Connors published a thorough monitoring of cases and decisions under the new MEPA; Roger Connor was the first of several Professor Sax “protégés” who worked under him to help interpret and understand the facts, data, and law evolving under what was later labeled by the Michigan Supreme Court “the common law of environmental quality”).
  • Environmental Citizen Suits: Three Years Experience under the Michigan Environmental Protection Act, 4 Ecology L. Q. 1 (1974) (Joe DiMento published the second “report” on the MEPA with Joe Sax, this time fleshing out some of the political, statistical, and jurisprudential implications).
  • Michigan Environmental Protection Act in its Sixth Year, 53 J. Urban. L. 589 (1976, University of Detroit Law School) (Jeff published the next report, this time shaping the growing number of trial and appellate court decisions, upholding the constitutionality of the act, demanding high level of judicial review, and imposing duties on government to consider impacts and prevent and minimize environmental degradation).
  • Helpless Giants: National Parks and the Regulation of Private Land, pp. 108-109, 75 Mich L. Rev. 239 (1976) (Joe Sax had a passion for wilderness, particularly protecting the values of our national park system, and considered the authority of the National Park Service to protect those values from activities that impacted them adjacent or near the parks).
  • Mountains Without Handrails: Reflections on the National Parks (University of Michigan Press, 1980) (Joe Sax’s reasoned plea for preserving the values of wilderness and the National Parks through deep personal engagement in the parks to appreciate the “genius” of what energized the creation of the park in the first place).
  • William O. Douglas Award (for extraordinary legal achievement, Sierra Club, 1984).
  • Distinguished Water Attorney Award (Water Education Foundation, 2004).
  • The Limits of Private Rights in Public Waters, 19 Env’t’l Law J. 473 (1989). (Professor Sax pointed out that for 2,000 years water has been understood as public in the sense that it is within the crown or sovereign people, represented by government; and at the very least water has never been owned by anyone, and as such there is no right and should be no expectation of private ownership of water, merely use consistent with the larger public values represented by these common waters).
  • Playing Darts with Rembrandt (University of Michigan Press, 1999) (Here, Joe Sax goes beyond the boundaries of traditional thought, and in riveting short-story like tales of battles, scars and defacing or covering up great works of art and culture makes the case for limitations on the right to destroy or impair art, that is, unless you are the artist her/himself).
  • The Blue Planet Prize (Glass Foundation, 2007) (awarded to Joe Sax for his pioneering work and invention of the environmental citizen suit to democratize a government too much influenced by its own ends or the ends of those who influence it and protect to a degree the ecosystem on whom all depend).

I could go on, but the above selected titles are only illustrative of how deep his passion and love for beauty and the natural world and his sense of justice ran (and, through his legacy, will run). And these writings reveal how his modest but irrefutable strong force of reason and values overwhelmed (and will continue to overwhelm) or piqued his audience.

Celebrating Pete Seeger’s Legacy at Brown Town Hall

By Gretchen Eichberger of the Northwest Michigan Folklife Center

Editor’s Note: Gretchen, along with Tim Joseph of the Spirit of the Woods Music Association, organized the 3-part concert series “Well May the World Go” to honor the legacy of folk music icon and social activist Pete Seeger (1919-2014). Gretchen and Tim graciously offered to donate the proceeds of these events to FLOW, and we are honored to be a part of the great community that has come together to celebrate Seeger’s legacy. Read Gretchen’s blog on her site here. All photos credit Gretchen Eichberger.

This simple white building, perched atop a hill in northern rural Manistee county is the humble home of some of the sweetest community gatherings I’ve yet to witness. Within these four walls, ideas are discussed, music is made and strong community connection are formed. This past Saturday night, citizens gathered to sing out together honoring the legacy of Pete Seeger.

BrownTownHall

Brown Town Hall in Manistee, MI

Every chair in the hall was occupied. People stood in the kitchen lulling babies to sleep, sipping tea, and clearing platters from the potluck. The Nephews- Tim and Bryon Joseph along Marlene Zylstra opened the evening with a rousing rendition of WELL MAY THE WORLD GO. And the people sang out with them. The singing was spirited and soulful, sincere and peaceful. It filled our hearts and brought smiles upon each face.

The jubilant crowd

The jubilant crowd

Well may the world go,
The world go, the world go,
Well may the world go,
When I’m far away.

Well may the skiers turn,
The swimmers churn, the lovers burn
Peace, may the generals learn
When I’m far away.

Sweet may the fiddle sound
The banjo play the old hoe down
Dancers swing round and round
When I’m far away.

Fresh may the breezes blow
Clear may the streams flow
Blue above, green below
When I’m far away

The songs continued, led by veteran song leaders along with presentations by young and flourishing musicians Jaimie Herbert, Galen Grabowski and Marley Jablonski. Jaime sang her original songs that inspired authenticity and celebration. Galen introduced the Beehive Design Collective, an artistic group that creates graphics, share stories, tours, connects with local to global efforts, and shapes our collective experience together. Marley led the group in a joyous singing of our second National Anthem by Woody Guthrie, THIS LAND IS YOUR LAND.

Galen

Galen

Jaimie

Jaimie

Marley

Marley

Seasoned folk musicians Victor McManemy and Carol Voights led in HOW CAN I KEEP FROM SINGING, SOMOS EL BARCO, RAINBOW RACE, and  I CAN SEE A NEW DAY.  Stories and poems were sprinkled between the songs with Victor sharing his encounters with Pete, as well as his song experience as a song leader with Green Peace. Carol read her original poetry honoring Nelson Mandela and Pete Seeger, and Byron Joseph read excerpts from a Pete Seeger biography.

Carol Voights sings out

Carol Voights sings out

Victor

Victor

John Storms-Rohm sang the lyrical OLD DEVIL TIME.

John Storms-Rohm

John Storms-Rohm

The evening concluded with the Nephews and Marlene returning to the stage for a emotional TURN TURN TURN AND WHERE HAVE ALL THE FLOWERS GONE? We all bookended the evening with WELL MAY THE WORLD GO. Trevor Hobbs and John Storms Rohm accompanied the ensemble on keyboard.

Marlene with The Nephews

Marlene with The Nephews

The people stood together applauding one another. Chairs were quickly stacked and stored, dishes were gathered, and we all departed energized and happy. Donations were accepted at the door, with proceeds benefitting FLOW for Water. And so… the legacy of Pete Seeger lives on. We are spreading the word of social justice, and speaking and singing out against pollution which is crucifying our noble and beautiful Great Lakes. It is through this gentle force of goodness and our courageous acts of citizenship that we strive to make our world better for our future generations. You can join in the singing on March 23 at the Mills Community House in Benzonia, and on Sunday, April 13 at the Inside Out Gallery in Traverse City.

Desmog: Concerns Mount About 61-Year Old Enbridge Pipeline in the Great Lakes

Click here to read the article on Desmog

By Derek Leahy, Desmog Canada

March 6, 2014

Of the 30 million Canadians and Americans depending on the Great Lakes for water very few would guess there is an oil pipeline sitting in their drinking water supply. It is anyone’s guess if this 61-year old Enbridge pipeline, known as Line 5, is pumping bitumen from the Alberta oilsands through the Great Lakes.

U.S. pipeline regulations do not require Enbridge to make public if Line 5 is transporting bitumen. Enbridge says the pipeline carries light crude oil mainly from the Bakken shale in North Dakota. The pipeline begins in Superior, Wis., and cuts through Straits of Mackinac, where Lake Huron and Lake Michigan meet, in the U.S. to get to its end destination of Sarnia, Ont.

“(U.S.) Pipelines in general are considered a national security risk,” says Beth Wallace, a regional coordinator with the National Wildlife Federation based in Ann Arbor, Mich.

“So PHMSA is not willing to provide records of Line 5 that provide detailed information about the location, integrity or product transported,” Wallace told DeSmog Canada. The Pipeline and Hazardous Materials Safety Administration (PHSMA) oversees pipelines for the U.S. Department of Transportation.

The National Wildlife Federation conducted an underwater dive last year to investigate and film the condition of Line 5. The federation discovered some of the pipeline’s steel supports meant to keep Line 5 secured to the bottum of the Straits had broken. Other sections of the pipeline were covered with debris.

Line 5 To Transport Bitumen Soon, If Not Already

The National Wildlife Federation believes if Line 5 is not transporting bitumen now, it will be in the near future.

“If Enbridge is granted authority to increase capacity on the Alberta Clipper pipeline, there will be an incredible increase in the amount of heavy bitumen pushed into Superior, Wisconsin, where Line 5 begins,” Wallace says.

A U.S. decision on Enbridge’s Alberta Clipper is expected next year. Earlier this week, Enbridge announced its Line 3 pipeline will be replaced by a new pipeline with expanded capacity. Both pipelines ship oil and bitumen from Alberta to Superior, Wis.

Concerns of a Bitumen Spill in the Great Lakes

Residents of Michigan experienced the worst bitumen spill in U.S. history when Enbridge’s Line 6B pipeline ruptured, spilling more than three million liters of bitumen and oil into Michigan’s Kalamazoo River. Bitumen — the tar-like form of petroleum in oilsands —sinks in water, unlike conventional oil. Enbridge has dredged the Kalamazoo multiple times in an attempt to remove the bitumen from the river. The cleanup is still going on four years after the spill.

The environmental damage a bitumen spill can cause plus Enbridge’s spill record — estimated at eight hundred pipeline spills between 1999 and 2010 — has Canadians worried about a Line 5 rupture as well. Georgian Bay, Ontario’s most vibrant bay, makes up the eastern part of Lake Huron.

“We are very concerned about Line 5,” says Therese Trainor of the Manitoulin Area Stewardship Area Council in Manitoulin Island, Ont.

“Georgian Bay is one of the most unique ecosystems in the world. We have flora and fauna here you cannot find anywhere else. We could lose this in an oil spill,” Trainor told DeSmog Canada.

There is no land between Lake Huron and Lake Michigan to stop the Straits of Mackinac’sswift water currents from spreading an oil spill into either lake. The National Wildlife Federation estimates in its Sunken Hazard report that if Line 5 has a large oil spill it could reach Georgian Bay.

Condtions in Straits of Mackinac Make it a Terrible Place For A Oil Spill

“This (Straits of Mackinac) is a terrible place for a rupture,” says pipeline safety expert Richard Kuprewicz.

Kuprewicz, a pipeline safety expert with 40 years of experience in the energy sector, says pipeline ruptures are difficult enough to cleanup, but conditions in the Straits of Mackinac would make things much worse. Line 5 at its deepest is 90 metres underwater and the straits freeze over in the winter.

What emergency responders could do about a burst pipeline nearly 100 metres below in the either stormy or frozen straits is questionable.

“Pardon the expression, but cleaning up and containing a Line 5 rupture in the straits would be a crap shoot,” says Wallace of the National Wildlife Federation.

There are no reports of Line 5 rupturing in the Straits of Mackinac. The 76-centimeter (30-inch) wide pipeline splits into two smaller 50-centimeter (20-inch) wide pipelines with thicker pipe walls (2.5 cm) in the straits. An external coal-tar coating minimizes corrosion on the pipeline. Coal-tar coating has had “mixed success” in the past protecting pipelines, according to Kuprewicz.

“Just because a pipeline hasn’t leaked or ruptured in the past doesn’t mean it won’t in the future. The past does not predict the future,” Kuprewicz, president of research group Accufacts Inc.,  told DeSmog Canada.

Line 5 has ruptured on land, notably in 1999 at Crystal Falls, Mich., spilling 850,000 litres of oil and natural gas liquids.

Michigan Needs To Protect the Great Lakes Commons

Liz Kirkwood, executive director of the Michigan-based Great Lakes advocacy group FLOW (For Love of Water), argues Enbridge should be required to secure permission from the state of Michigan under the Great Lakes Submerged Lands Act before the pipeline company can transport bitumen through the Straits of Mackinac.

“As a trustee of the Great Lakes, the state of Michigan is obligated to assess possible impairments to the public’s use of the Great Lakes and protect the lakes for the enjoyment of present and future generations,” Kirkwood says.

Michigan’s Great Lakes Submerged Lands Act requires companies to obtain state permits to build or modify structures in the Great Lakes. Line 5 was built in 1953. The Act came into effect in 1955.

Circle of Blue: Joint U.S.-Canada Agency Calls for Big Phosphorus Reductions in Lake Erie

Click here to read the article on circleofblue.org

Joint U.S.-Canada Agency Calls for Big Phosphorus Reductions in Lake Erie

Curbing harmful algal blooms and oxygen-deprived dead zones in the Great Lakes requires pollution to be drastically reduced.

By Codi Kozacek

February 28, 2014
Current phosphorus targets for Lake Erie and its tributaries are not enough to keep the lake from suffering toxic algal blooms and hypoxic dead zones that threaten public health and fisheries, according to a new report released by the International Joint Commission (IJC), a U.S.-Canada agency that oversees the Great Lakes and other transboundary waters.

The report proposes a 46 percent cut in the average annual phosphorus load in Lake Erie’s central and western basins to reduce the hypoxic dead zone, and a 39 percent cut in the average annual phosphorus contributed by the Maumee River to reduce harmful algal blooms.

Just as significantly, the Commission recommended achieving those reductions by applying Public Trust Doctrine legal principles to write and enforce restrictions that have been unattainable using conventional regulation. The Public Trust Doctrine, based on ancient governing and legal principles, establishes the Great Lakes as a “commons,” the conviction held by societies, stretching back thousands of years, that a select group of resources — air, water, hunting grounds, rivers, oceans, lakes — are so vital that they are community assets to be collectively protected and shared.

Once a resource attains such high value, securing its vitality emerges as a basic human right, like liberty. The Joint Commission views the Public Trust Doctrine as a necessary legal tool to update federal and state water pollution statutes, which essentially give cities, industries, and farmers the authority to pour specific amounts of contamination into the lakes. The U.S. Clean Water Act, in fact, largely exempts farms, the most important source of phosphorous, from regulations that would limit phosphorous pollution. By declaring the Great Lakes as a “commons,” the newly-applied doctrine could give governments fresh authority to protect waters from any source that would cause harm.

“Functionally, the public trust guarantees each person as a member of the public the right to fish, boat, swim, and recreate in Lake Erie, and to enjoy the protection of the water quality and quantity of these waters, free of impairment,” said FLOW, an environmental organization in Traverse City, Michigan that has played a crucial role in promoting use of the Public Trust Doctrine to clean up the Great Lakes. “The effects of harmful algal blooms – from “dead zones” that suffocate aquatic species, to toxic secretions that close beaches and pose health hazards to boaters, fishers, and swimmers – are clear violations of the public trust. Thus, as sworn guardians of the Great Lakes waters under the public trust, the states have a duty to take reasonable measures to restore the water quality and ensure that the public can fully enjoy their protected water uses.”

Jim Olson, attorney and founder of FLOW who has been practicing environmental and water law for 40 years, said the IJC report is a significant acknowledgement of the role the public trust doctrine can play in protecting the Great Lakes.

“The IJC is being sound and thorough in science, pragmatic in the necessity for a new approach, and profoundly visionary by moving us to the public trust principles as a compliment to the existing legal framework,” he told Circle of Blue. “So if that framework is failing, because parties can’t agree or states can’t ask for a phosphorus limit, the citizens and the IJC can step in an demand it be done because of this legal obligation on the part of the states and provinces.”

Phosphorous is clearly harming the Great Lakes. Lake Erie experienced its largest algal bloom ever in the summer of 2011. Toxic blooms in the fall of 2013 shut down an Ohio drinking water plant for the first time in state history. Algal blooms also are inundating the shores of Lake Michigan near Green Bay in Wisconsin, and along the shores of Sleeping Bear Dunes National Lakeshore in northern Michigan, a region that ABC TV’s Good Morning America declared in 2011 to be “the most beautiful place in America.”

Phosphorus is the driving factor behind both the algal blooms and the hypoxic dead zone, say scientists. Excessive amounts of the nutrient encourage algal growth. When large blooms die and decompose, they suck up oxygen from the surrounding water. This creates dead zones, where oxygen content is so low that fish and other organisms can’t survive.

Both problems were especially severe in Lake Erie in the 1960s, leading the U.S. and Canada to set targets for the amount of phosphorus entering the lake. The current target amount is 11,000 metric tons annually for the whole lake. Annual phosphorus loadings have mostly been below this target since the mid-1980s. Nonetheless, the resurgence of algal blooms and dead zones has prompted calls for a reassessment of phosphorus targets.

To achieve the necessary reductions, the IJC report gives specific recommendations to state and federal governments in both countries. The recommendations focus on reducing phosphorus from the agricultural industry—which has been largely overlooked by laws governing water pollution—and on reducing dissolved reactive phosphorus, a type of phosphorus that is more available to algae. The recommendations include:

  • Listing Lake Erie as an impaired waterway under the United States’ 1974 Clean Water Act. The designation would allow the U.S. Environmental Protection Agency and state regulatory agencies to set a Total Daily Maximum Load for the lake and its tributaries with legal requirements for nutrient reductions.
  • Establishing Lake Erie within a public trust framework in both the United States and Canada to take advantage of common law protections of the lake as a resource for fishing, shipping and water.
  • Expanding incentive-based programs encouraging farmers to adopt practices that reduce phosphorus, and create restrictions on when and how fertilizer is applied to farm fields.
  • Banning phosphorus fertilizers for lawn care.
  • Increasing the amount of green infrastructure in cities.
  • Expanding monitoring programs for water quality in the Lake Erie basin.

The report will be transmitted to governments in the U.S. and Canada, but the IJC does not have the authority to take further action.

“The report shows the urgent need for the governments to take action,” Lyman Welch, director of the water quality program for the Chicago-based Alliance for the Great Lakes, told Circle of Blue. “Voluntary measures have not been able to address this problem today.”

In the 1970s the Clean Water Act helped address the nutrient load from point sources, and was largely successful in reducing the nutrients flowing into Lake Erie. But non-point runoff, the pollution that flows off the land, is not addressed very well by the Clean Water Act requirements, he added.

“The report gives several steps that can be taken by state and fed governments in the United States and Canada to address agricultural pollution in Lake Erie. We hope that the U.S. and Canada act on these recommendations by the IJC expeditiously to address a serious problem.”