Tag: For Love of Water

The Intrinsic Value of Water and the Public Trust Doctrine

March 22, 2017


World Water Day

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

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

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

Value of Water

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

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

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

Public Trust Doctrine

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

The public trust doctrine embodies four basic principles:

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

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

Public Trust and the Great Lakes

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

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

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

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

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

Happy Birthday, Governor Milliken

Celebrating a great former governor of Michigan

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

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

Environmental Action

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

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

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

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

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

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

Defining Water

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

Happy Birthday, Governor Milliken.

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

FOR IMMEDIATE RELEASE                                                                                         March 9, 2017

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Nestlé Permit Application Public Comment Period Extended – Comments due April 21; Public hearing April 12

Breaking news:

The Michigan Department of Environmental Quality has set a public hearing for April 12, 2017, and extended the public comment period until April 21, 2017, on multinational behemoth Nestlé’s bid to more than DOUBLE its groundwater pumping 210 MILLION gallons per year from a well near the headwaters of two coldwater trout streams northwest of Evart in northern Michigan’s Osceola County. 

FLOW’s seasoned team of scientists and water-law attorneys, which includes successful fighters of prior Nestlé water wars, is committed to defending our public waters, wetlands, and aquatic life, and shutting down Nestlé’s private water grab. Please learn more and join us in this fight for Michigan’s freshwater and our future:

 

Latest news:

Nestlé water public hearing will be April 12 | MLive.com http://www.mlive.com/news/index.ssf/2017/03/nestle_michigan_public_hearing.html

 

MDEQ info: Details on how to comment, attend public hearing, and access public information on Nestlé’s application and the state’s review.

MDEQ Press Release – March 2, 2017 – Nestlé Permit Application Public Comment Period Extended – Comments due April 21; Public hearing April 12 http://www.michigan.gov/deq/0,4561,7-135–406127–,00.html

MDEQ – Nestlé Waters North America’s Submittal of a Permit Application Information Package, under Section 17 of the Michigan Safe Drinking Water Act, 1976 PA 399, as amended http://www.michigan.gov/deq/0,4561,7-135-3313-399187–,00.html

 

Learn more:

Visit the FLOW website to learn what you can do stop Nestlé’s thirst for Michigan’s groundwater!

 

Help FLOW Fight Nestlé’s Water Grab in Michigan:

FLOW FOR WATER’s Fundraiser https://www.crowdrise.com/help-flow-fight-nestls-water-grab/fundraiser/flowforwater

Save Our Surf! Line 5 at the Workshop

Join FLOW (For Love of Water) and Beth Price Photography for a special viewing of the Patagonia supported film ‘Great Lakes, Bad Lines’.

Learn about how you can help shut down Enbridge’s Line 5 Pipeline while exploring the intersection of water, art, and the vibrant surfing community of Northern Michigan

Learn : Get up to speed on Line 5, the nation’s most urgent pipeline – what’s at risk? what happens next? how can you help?

Discuss: Stay after the screening to hear from those most passionate about the water: Liz Kirkwood, Director of FLOW; Beth Price, Great Lakes photographer; and Saeth Gronberg, Great Lakes Surfer.

Mobilize: We must take action to decommission Line 5, and 2017 is the year to do it. Get connected and get organized!

Jim Olson & Dave Mahan on Natural Resources Stewardship

 

 

A Conversation About Climate and Conservation

In this video produced by Joe VanderMeulen for NatureChange, Phil Ellis, Executive Director of the Grand Traverse Regional Community Foundation, moderates as two of Northern Michigan’s most respected and experienced environmental leaders discuss the challenges and choices facing our region.

FLOW’s own Jim Olson and Dr. Dave Mahan, former Associate Director of the Au Sable Institute of Environmental Studies, offer their insight on this important issue. A must watch.

Click here to see more like this.

 

 

FLOW on site at LUSH Fresh Handmade Cosmetics in Grand Rapids

FLOW  has received a grant from LUSH to fund their work safeguarding the Great Lakes for current and future generations.

 The team from FLOW will be on site at the LUSH store in at the Woodland Mall (3195 28th St. SW, Grand Rapids) on Saturday February 25th from 12:00 noon–4:00 p.m. Customers that come by during that time will have the opportunity to learn about the health of the Great Lakes, including some of the most timely issues, such as Line 5.

This is a unique opportunity to learn from the experts at FLOW about threats to the Great Lakes and what citizens can do to make a difference. Charity Pots featuring the FLOW design will also be available for sale in store.

 

PR: In Wake of New Pipeline Concerns, Groups Call On Snyder, Schuette to Begin Shutting Down Line 5 in the Straits of Mackinac

FOR IMMEDIATE RELEASE

Monday, February 20, 2017

Media Contact:  David Holtz 313-300-4454/david@davidholtz.org

 

In Wake of New Pipeline Concerns, Groups Call On Snyder,

Schuette to Begin Shutting Down Line 5 in the Straits of Mackinac

Gov. Rick Snyder and Attorney General Bill Schuette must require Enbridge to shut off the flow of oil through Line 5 pipelines in the Straits of Mackinac following disclosures that the Canadian oil transport company’s pipeline has lost its protective coating, citizens groups said in a letter to the governor and attorney general that was released today.  

The alarming disclosures, contained in a report filed by Enbridge in September with the U.S. Environmental Protection Agency, documents areas along the pipeline in the turbulent Straits where anticorrosion protective coating is missing.   The report was submitted by Enbridge as part of a federal court order directing the company to investigate the impact of invasive mussels that have accumulated along the nearly 5-mile twin pipelines in the Straits.

“It’s shocking that Enbridge is going around the state claiming Line 5 is as good as new and will last forever while at the same time they know these pipelines are falling apart in the worst possible place for an oil spill,” said Liz Kirkwood, Executive Director of FLOW.  “Gov. Snyder and Attorney General Schuette must initiate the process of shutting down these dangerous pipelines and should begin doing it today—before they rupture.”

In a letter sent Friday to Snyder and Schuette, the groups say failure to maintain protective anti-corrosion coating violates the state’s 1953 easement agreement allowing Enbridge to operate pipelines in the Straits.  Enbridge has twice previously violated the agreement by failing to maintain required pipeline anchors. 

“Research shared with you previously warned that pipeline corrosion had negatively impacted protective coating; the missing protective coating, corrosion, and the weight of invasive mussels and Enbridge’s decision to increase the volume of oil flowing through the Straits pipelines creates a substantial and unacceptable risk of failure,” the groups told Snyder and Schuette in their Friday letter.  “The further admission and documentation from Enbridge that the protective pipeline coating is falling off and missing increases the likelihood of damaging corrosion and a pipeline rupture and the disastrous consequences that would follow.  Under the terms of the easement, public trust duties, and the Great Lakes Submerged Lands Act, as trustees you are required to act to prevent a catastrophic oil spill in the Great Lakes.”

In a previous letter sent to to Attorney General Schuette in April 2016, the groups outlined the process for terminating the state’s easement with Enbridge based on several easement violations and subsequently met with Schuette’s senior staff to discuss the process.   Thus far, however, there has been no action taken to begin decommissioning Line 5.  Instead the state has commissioned a study of alternatives to Line 5, with the results expected to be released in June.

“This latest revelation is yet another a wakeup call for the state,” said David Holtz, Chair of the Sierra Club Michigan Chapter Executive Committee. “The question is whether the state will continue to hit the snooze alarm or rise up to the threat from aging oil pipelines in the Great Lakes.”

Research conducted by organizations supporting the decommissioning of Line 5 has shown that pipeline corrosion and structural integrity questions point to an urgent need for the state to act.

“We’ve always known that this 64-year-old pipeline was constructed only to last just 50 years. Now we’re seeing the disastrous effects of placing big oil and gas interests before public health,” said Food & Water Watch Michigan Organizer Mariah Urueta. “If Gov. Snyder and Attorney General Schuette continue to side with Enbridge and refuse to shut down Line 5, Michigan’s water, communities and way of life are in dire jeopardy. Line 5 is no longer a pipeline -it’s a ticking time bomb that will destroy our resources if we don’t defuse it and shut down Line 5 today.”

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Enbridge report: http://bit.ly/enbridge-biota-report

Letter to Snyder & Schuette:  http://bit.ly/snyder-schuette-letter

The Great Lakes are no place for fish farming, but there might be one nearby

The waters of the Great Lakes are held in trust by the state as a shared public commons for the benefit of citizens for navigation, boating, fishing, health and sustenance. The courts of all eight Great Lakes states have recognized this principle, which means the states must manage these waters as a trustee for the benefit of all citizens to prevent interference with these public purposes – a duty of stewardship.

Net-pen fish-farming in the Great Lakes poses a major interference with existing protected riparian and public uses of these hallowed waters – landowners, fishermen, boaters, tourists, and citizens. Private fish farming would displace and interfere with the public trust in these waters.

 

Click here to read Jim Olson’s full guest commentary on bridgemi.com!

 

FLOW Releases New Fact Sheets Regarding Line 5

FOR IMMEDIATE RELEASE                                                                               February 6, 2017

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

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

 

Research Identifies Viable Options to Enbridge’s Aging “Line 5” for U.P.’s Propane Supply and Michigan, Midwest Demand for Oil

Developing and Implementing Alternatives to Aging Pipelines in the Mackinac Straits is Key to Preventing Great Lakes Oil Spill Disaster

TRAVERSE CITY, MI – Just one to two propane rail cars or a few tanker trucks a day could replace the Line 5 pipeline’s Upper Peninsula propane capacity without risking energy security in the U.P. or a catastrophic Great Lakes oil spill, according to experts for FLOW, a water law and policy center dedicated to upholding the public’s rights to use and benefit from the Great Lakes.

FLOW’s latest research shows that Line 5 supplies only about one-third to one-half of the Upper Peninsula’s propane, considerably less than the 65-85 percent that pipeline-owner Enbridge asserts, based on FLOW’s estimates using publicly available data. And importantly, FLOW’s estimate represents a relatively small quantity of propane to transport, as the Upper Peninsula is sparsely populated and fewer than 1-in-5 U.P. residents lives in housing heated by propane. (Click here to see the new FLOW fact sheet on Line 5 and U.P. propane supply option.)

Enbridge’s inflated propane claims have needlessly fostered concern among local residents and state lawmakers that shutting down the aging pipeline to prevent a catastrophic oil spill in the Mackinac Straits would result in freezing Upper Peninsula residents in their homes.

“It’s clearer than ever that Line 5 is not vital to Michigan’s energy security and, in fact, threatens ourPure Michigan economy and the drinking water supply to communities from Mackinac Island to metropolitan Detroit,” said Liz Kirkwood, an environmental attorney and FLOW’s executive director. “What’s needed now is a little ingenuity and a willingness to look for answers beyond the status quo with a steel pipeline transporting oil and liquid natural gas that was installed underwater in 1953.”

FLOW’s latest findings serve as an update to FLOW’s December 2015 expert report that concluded that decommissioning the twin pipelines in the Mackinac Straits to prevent a disastrous oil spill would not disrupt Michigan’s or the Midwest’s crude oil and propane supply, contrary to Enbridge assertions.

FLOW’s research is meant to inform deliberations by a state advisory board that meets next on March 13 in Lansing. The State of Michigan in partnership with the Michigan Pipeline Safety Advisory Board is overseeing the completion of two independent studies funded by Enbridge: one on the financial risk to communities and the Pure Michigan economy of a Line 5 oil spill in the Mackinac Straits and the other on alternatives to the aging pipeline that could avoid such a disaster. These two studies are expected by mid-2017.

FLOW supports decommissioning Line 5 to protect the Great Lakes, tribal fishing rights, and citizens’ public trust rights to navigate, boat, drink, fish, swim, and benefit from these precious waters. The State of Michigan must act with urgency to identify a viable plan for meeting Michigan’s energy needs without threatening the Great Lakes or public-owned bottomlands, which the Enbridge pipelines occupy under a 1953 easement with the state.

FLOW’s December 2015 research determined that available capacity and flexibility to meet energy demand in the Great Lakes region already exists in the North American pipeline system run not only by Canadian-based Enbridge, but also by competitors supplying the same refineries in Detroit, Toledo, and Sarnia, Ontario.

Furthermore, at least 90 percent of the 540,000 barrels per day of oil and liquid natural gases moved through Line 5 end up in Canadian refineries, undermining claims that the pipeline is an important source of crude for the Marathon refinery in Detroit. (Click here to see the new FLOW fact sheet on alternatives to Line 5.)

“Our work to date has led to the conclusion that Line 5 in the Straits of Mackinac can be shut down, without resorting to additional oil trains, tank trucks, or lake tankers to serve regional refineries, as Enbridge would have you believe,” said Gary Street, a retired chemical engineer and former director of engineering at Dow Environmental – AWD Technologies. “In addition, straightforward steps can be taken to assure customers in the Upper Peninsula of an on-going supply of propane, which is offloaded from Line 5 in Rapid River near Escanaba before ever reaching the segment that would be decommissioned in the Mackinac Straits.”

For more information:

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