Tag: Lake Michigan

Picnics with Less Plastic


In preparation for Cherry Festival and the warm days ahead, we wanted to highlight one of our favorite summer activities. For many, picnicking in a park or near Lake Michigan is a summer tradition. In keeping with our #getoffthebottle campaign and dedication to reducing our single-use plastic footprint, we've made some easy swaps to make your family's picnic zero waste. 

Happy picnicking!

Zero waste picnic

Before: sandwich, chips, pear, carrots, fruit salad, cookies, water

Typical picnic

Before: sandwich, chips, pear, carrots, fruit salad, cookies, water

 

After: Tupperware, reusable water bottle, cloth napkins, metal silverware

 

After: plastic wrappers, single-use plastic bags, single use-plastic water bottle, plastic silverware, paper napkins

We were really surprised at how much trash we generated from what we thought would be a pretty low-impact picnic. Some of these items can be recycled (bottle, some of the plastic containers), but it's not always easy to find a recycling bin, and often these items end up in the trash. We hope that these images make us think twice about our plastic footprint.

Tips for a zero waste picnic:

  • Plan out foods that don’t need a lot of waste.
    • Finger foods make great picnic fare! Sandwiches, crackers, cheese and meats, whole fruit and vegetables, cookies.
  • Bring an apple and an orange instead of a pre-cut fruit salad that you would eat with a fork.
  • If you do want a salad (greens, potato, pasta, etc), put it in a tupperware and bring your own reusable forks and spoons.
  • Be creative in packaging like putting chips or crackers in a tupperware container (versus a single use plastic bag), or wrapping items in a cloth.
  • Bring your own water bottle filled with water or a summer drink, like lemonade or tea.
    • Pro tip: get a refillable growler and fill it with your favorite libation!
  • Make sure not to leave any trash behind & recycle what you can!

 

Happy Cherry Fest & 4th of July week!


Countdown to a Line 5 Shutdown

Photo credit: Nancy May


7 – It would take at least seven years to plan and build a tunnel under the Mackinac Straits, according to an estimate by Michigan Technological University, if proven to be legal and feasible, while Line 5’s threat to the Great Lakes would grow larger.

6 – A Line 5 oil spill in the Mackinac Straits could deliver a blow of more than $6 billion in economic impacts and natural resource damages in Michigan, according to a study commissioned by FLOW.

5 – The five Great Lakes sustain us, our economy, and way of life.

4 – Installing a new 4-inch diameter propane pipeline from Superior, Wisconsin, to Rapid River, Michigan, would replace the propane supply delivered by Line 5 in the Upper Peninsula.

3 – For three years, Canadian pipeline company Enbridge hid from Michigan regulators the fact that Line 5 has lost its anti-rust outer coating in more than 60 places in the Mackinac Straits.

2 – Enbridge’s twin steel pipes lying on the bottom of the Mackinac Straits since 1953 are bent, cracked, dented, scraped bare of rust protection in spots, and past their life expectancy.  

1 – We have one chance to get this right: Preventing a Great Lakes oil spill is possible, but cleaning one up is not.

½  Half of all Michiganders, from Mackinac Island to the Motor City, rely on the Great Lakes for drinking water, as do more than 48 million Americans and Canadians in total.

0 – There’s zero time to waste: Tell Michigan Gov. Rick Snyder and Attorney General Bill Schuette to shut down Line 5 now! And contact your state lawmakers too. 


Take action:


 

FLOW Challenges Wisconsin’s Approval of Lake Michigan Water Diversion

FOR IMMEDIATE RELEASE TO MEDIA: May 4, 2018

 

Dave Dempsey, Senior Advisor                                                               Phone: 231-944-1568
FLOW (For Love of Water)                                                       Email: dave@flowforwater.org

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

 

FLOW Challenges Wisconsin’s Approval of Lake Michigan Water Diversion

 

A Lake Michigan water diversion approved by the State of Wisconsin is inconsistent with the Great Lakes Compact and threatens an open season on Great Lakes water, FLOW said today.

The Traverse City, Michigan-based science and law center asked Great Lakes governors and a Regional Body established by the Compact to review Wisconsin’s approval of a 7 million gallon per day diversion request by Racine, Wisconsin, a city entirely inside the basin, primarily for the Foxconn Corporation in Mt. Pleasant, Wisconsin. Wisconsin Department of Natural Resources approval of the diversion is based on a faulty interpretation of the Compact and sets a dangerous precedent, FLOW said.

“We can’t go into this century’s water crisis with a loosely conceived decision that turns the ‘straddling community’ exception to the diversion ban on end,” said Jim Olson, founder and president of FLOW. “The Compact envisioned sending water to cities that straddle the basin with existing water infrastructure that already serves residents on both sides of the divide. Wisconsin has shoe-horned Racine’s request to extend its pipes outside the basin to serve a private customer, not a public water supply. Scores of other communities and private interests could start doing the same, and billions of gallons will ultimately end up outside the basin.”

“Wisconsin’s approval of this diversion doesn’t just bend the Compact, it threatens to break it,” said Dave Dempsey, Senior Advisor to FLOW. “The Racine-to-Foxconn diversion must receive the highest degree of scrutiny, and if it is discovered that the application of this exception violates or is not consistent with the Compact, the Council, Regional Body, and parties or citizens must correct the error before it is too late.”

The approved diversion allows the City of Racine to extend its existing water supply system to an area of Mt. Pleasant not served by a public water supply and outside the Great Lakes watershed.

FLOW’s challenge has two parts:

  • The Foxconn diversion stretches the Compact’s exception to a ban on diversions for so-called straddling communities that is intended “solely for public water supply purposes,” primarily residential customers. The exception was intended to assist communities with public water supply systems that already extend across the divide and serve a straddling public water supply, with emphasis on residential users. The Racine-to-Foxconn diversion is simply a diversion of an in-basin city’s in-basin public water system to an area outside the basin for an industrial purpose, as acknowledged publicly by state and local officials. The City of Racine circumvented the requirement by using its gross water utility system-wide data to show that its in-basin system serves 30,425 residential customers, 848 multi-family residential customers, about 3,000 business, commercial, and 302 industrial users. But the water diverted or transferred here is the 7 million gallons covered by the Racine application. If the analysis is limited to that required by law, the primary purpose of the diversion is to serve customers outside the basin who are commercial and industrial—the Foxconn plant project, and not residential users.
  • The Foxconn diversion violates the exception for “straddling communities” because the exception is solely for public water supply “within” or “in” “the straddling community.” A customer area in an incorporated town like Mt. Pleasant is not a public water supply of Mt. Pleasant, and therefore Mt. Pleasant without its own public water supply system does not qualify as a “straddling community.” To interpret the exception otherwise, is to allow a city inside the basin to divert water to a new customer in an area outside the basin by merely assuming the identity of an existing community whose corporate limits straddle the basin divide. This is not what the exception was intended to allow; it does not serve the public water supply of Mt. Pleasant; and it serves the customer and newly diverted water on the part of Applicant City of Racine.

The Council and Regional Body have broad authority to bring actions, exercise rights as aggrieved parties, or exercise powers of review for consistency, compliance, uniformity based on a joint commitment to protect the integrity of the Great Lakes; this means upholding the diversion ban and interpreting and applying the exceptions to the ban as written. The Racine in-basin community proposed diversion for primarily industrial use by an industrial customer in Mt. Pleasant, but outside the basin, does not qualify for the straddling community exception.

The Council and Regional Body and affected or aggrieved parties should demand an investigation, review, and determination of whether or not the Racine proposal and final determination by the Wisconsin DNR fall within, meet and/or comply with the “straddling community” exception standard, FLOW said.

###

Grand Traverse Islands National Park Proposal

Eight states border the Great Lakes, but only five national parks.  For those who think the spectacular values of the freshwater coast are underrepresented among the crown jewels of the national park system, there is good news:  a small but dogged group of Wisconsin citizens is keeping the torch lit for the establishment of a national park on the Grand Traverse Islands of their state and Michigan.

Not to be confused with the Grand Traverse region of the northwest Lower Peninsula of Michigan, the Grand Traverse Islands span “the gap between Door County, Wisconsin, and Michigan’s Garden Peninsula. Marking the dangerous maritime divide between the warmer, shallower waters of Green Bay and the colder, deeper waters of Lake Michigan, they are a richly biodiverse, historically significant, and largely undeveloped wilderness archipelago,” in the words of the citizen group.

Friends of the Grand Traverse Islands are proposing a park of about 7,000 acres scattered across two Michigan islands, four Wisconsin islands, and various features of the tip of the Door Peninsula.  Significantly, all of the proposed parkland is already in public (federal, state and local) ownership, nullifying resistance from those who might oppose acquisition of private lands.  Still, Washington is not particularly friendly to expanding the federal domain, so park backers acknowledge they are in this for the long haul. 

The other Great Lakes national park in Wisconsin, Apostle Islands National Lakeshore, took 40 years to get Congressional approval, Friends of the Grand Traverse Islands Chair John Bacon points out.  “When we started this, we never expected it would happen tomorrow, or even in five years.  The logic will eventually win out.”  A sea kayaker and guide, Bacon has frequently recreated in the archipelago and said it so impressed him that he wondered from his first experiences in the area why it was not already a park.

The idea of creating a park among the islands dates back to at least 1970, when an Islands of America report released by the federal Bureau of Outdoor Recreation recommended something called an “interstate wilderness park” encompassing 6,000 acres on what it called the 14 Green Bay islands.  “Yet 45 years later, after attempts made by Michigan and Wisconsin, the island chain remains unopened, unprotected, unsung and falling apart.  This is a national tragedy,” the Friends say in their proposal.

St. Martin Island Lighthouse, photo by John Bacon

State officials from both Michigan and Wisconsin pursued the idea for about a decade before Michigan pulled out.  Because of local opposition to inclusion of land on Michigan’s Garden Peninsula, the Friends have scaled back the Michigan portion of their current proposal to only St. Martin’s and Poverty Islands, which are already in federal ownership.

The Friends’ lyrical description of the proposed park’s assets is enticing.  A central feature is the Niagara Escarpment. The islands “consist of dolomitic limestone rock formed 420 million years ago from the compressed sediments of a shallow, tropical sea. Rare wildflowers and orchids found almost nowhere else on earth call them home. Neotropical songbirds, bats, and butterflies return to them each and every summer. And trees believed to be over 500 years old cling to their nearly vertical, rocky bluffs.”

David Hayes, a retired Park Service regional planner, owner of a bed and breakfast in Sturgeon Bay and now a member of the Friends group, says he has long supported the designation of a Great Lakes national maritime park.  Learning of the Grand Traverse Islands proposal, he joined forces with Bacon and others. 

Hayes told the Milwaukee Journal Sentinel, “it’s unbelievable to have such a large geologic formation in the U.S. that has no national anything. This is huge – it’s over 500 miles worth of geologic formation. That alone to me is one very important reason to do it.”

Creating a national park is about more than safeguarding geology, scenery and natural resources, backers say.  Recreational opportunities, ranging from birding to camping to sailing to kayaking to snowshoeing and cross-country skiing, are abundant.  There are historic sites reflecting both indigenous peoples and European settlers, and historic lighthouses.  And a national park would be an economic shot in the arm, proponents say.  Apostle Islands has generated approximately 300 jobs for a northern Wisconsin community where they make a significant difference.  Meanwhile, existing uses on adjacent lands and waters, including timber harvest and commercial and sport fishing, would be unaffected.

Dave Dempsey, FLOW Senior Advisor

The initial Congressional objective, Hayes says, is an NPS special resource study, a necessary prelude to park creation.  The study would review the area’s national significance, cost and suitability.  Bipartisan support for the study exists, he says.

“There’s something about national parks that touches the imagination,” Hayes says. “They bring people from all over the world.”


Highlights of the Grand Traverse Islands National Park Proposal

 

Michigan proposed lands:

 

St. Martin Island (Federally-owned parcels)

Acreage & Ownership: 1,244 acres under federal ownership.

FeaturesNiagara Escarpment, old hunting/logging cabins, old fishing village sites, small harbor on south shore with dock, access to St. Martin Island Lighthouse.

 

Poverty Island

Acreage & Ownership: 171 acres under federal ownership.

FeaturesNiagara Escarpment, Poverty Island Lighthouse.

 

Wisconsin highlights:

 

Door Bluff Headlands County Park, Door Peninsula

Acreage & Ownership: 156 acres under county ownership.

FeaturesNiagara Escarpment, Native American pictographs, beach, hiking trail, commanding view of Green Bay.

 

Plum & Pilot Islands

Acreage & Ownership: 330 acres under federal ownership.

Dolostone Pillar on NE Shoreline of Rock Island, photo by John Bacon

Features: Niagara Escarpment, Pilot Island Lighthouse & Fog Signal Building; JE Gilmore, Forrest, & AP Nichols Shipwrecks; Plum Island Lightkeepers House, Fog Signal Building, & Range Lights; ruins of Old Plum Island Lighthouse; last remaining Duluth-style US Life Saving Station on Great Lakes; two beaches; Grapeshot shipwreck; maintained trails.

 

Rock Island State Park, Rock Island

Acreage & Ownership: 912 acres under state ownership.

Features: Niagara Escarpment, Thordarson Estate, small boat dock, sand beach, old fishing village site, numerous cemeteries, Native American archeological sites, the first lighthouse built in Wisconsin, campground, maintained trails, and backcountry campsites.


The Lake Michigan Mermaid:  Co-Authors Discuss Their New Work

Poets Anne-Marie Oomen and Linda Nemec Foster will read from their new book, The Lake Michigan Mermaid, at a fundraiser for FLOW on Thursday, April 19.  The reading and reception take place from 5:30-7:00 p.m. at the Centerpointe conference center, top floor, on the west arm of Traverse Bay.

Published by Wayne State University Press for the Made in Michigan series, The Lake Michigan Mermaid tells in poetry the story of a troubled young girl who seeks a mythical creature, the true spirit of the lake, a beautiful mermaid that she believes lives in Lake Michigan waters.  The Lake Michigan Mermaid is a tale of friendship, redemption, and the life-giving power of water.

At the event, the poets will read poems interspersed with the story-of-the story: how the book came to be.

For more information about the book, click here.

How did this project begin? How long have you been talking about it?  

Linda Nemec Foster (LNF): This project began as a result of both of us being published in an anthology of women writing on the Great Lakes titled, Fresh Water (edited by Alison Swan and published by Michigan State University Press). In 2008, we were invited to give a reading at the Saugatuck Center for the Arts for the anthology (along with some of the other contributors) and the idea for the poetry sequence was planted that night. Actually, we weren’t talking about it for long before we started writing the poems.

Anne-Marie Oomen (AMO): As Linda said, the idea hatched the night of that reading over ten years ago–you’ll hear about that story when you come to our presentation–springing from a single mysterious remark by a key person among the writers. Writers never know exactly where or when ideas will rise up and make demands, but I think our participation in that rich lake of words–all those stories inspired by the Great Lakes–created the conditions for the idea to flourish.    

What inspired the mermaid motif? And the connection to a girl?

LNF: At the reading (that I described above), someone said it was too bad there were no Lake Michigan mermaids. Both Anne-Marie and I were intrigued by the question. Later that night we had the first of many discussions about creating a poetry sequence that would weave a contemporary fairy tale involving a mermaid, a young girl, and their connections to Lake Michigan.

AMO: I had a new cell phone, and I was driving home late at night, sleepy and a little dreamy with ideas. I called first. Linda answered immediately. Call and response.  The pattern was set. You’ll see when you read the book because the two voices go back and forth. (Side note: During later research, we found that among the native peoples of the Great Lakes, there are also representations of mermaids and mermen.  Our mermaid is not necessarily inspired by those, but we found it reassuring to learn that fresh water mermaid tales do exist.)

Your promotional materials say the book was written in secret over a decade. Could you explain that (unless that would give away too much of what you’re saying at the event)?

LNF: Yes, the ten-year-old secret is true and there were two reasons for keeping the project “under wraps” for so long. But, as you stated, I’d rather have us explain the details at our presentation–more interesting that way—so the intrigue continues!

AMO: What we can say is that ten years built a bond of trust in each other.  We kept coming back to the pleasure of the partnership and the richness of writing about this subject. Trust is not something that just happens; it grows as you come to a deeper knowledge of another person. That came with each poem, each time we returned to the project.

There must be extra challenges to co-authoring a book of this kind. How difficult was it?

LNF: Yes, there can be challenges, but this project was a thoroughly enjoyable experience because of the deep respect, admiration, and (above all) trust that Anne-Marie and I have for each other. I feel so fortunate to be on this journey with her.

AMO: Ditto on all counts. The biggest challenge, which is the challenge all artistically inclined people face, is the way life simply interrupts the flow of artistic work.  Part of being a literary artist is exercising tenacity, staying with it–even through ten years of life stuff. Not to be too self-aggrandizing, because there were moments when I thought  the project might have slipped away–as others have–but one of us always brought it back.

Illustrations are critical to a work like this. How did you go about finding an illustrator and what were you looking for?

Linda Nemec Foster, Anne-Marie Oomen, and Meridith Ridl

LNF: The illustrations are absolutely critical. As a matter of fact, the editor (at Wayne State University Press) accepted the manuscript for publication on the condition that we find an illustrator. We “passed over” three different artists before we discovered the haunting and beautiful work of Meridith Ridl. There are more interesting details to this part of the book’s back story, but I’d like to save them for our presentation.

AMO: We knew this mermaid would NOT be a Disney Ariel (from the Little Mermaid) but something darker, more haunting and mysterious, like our lake. It takes a particular artistic vision and skill to create that feeling in an image. That Meredith Ridl brought that vision full circle is such a gift; you’ll hear that story too.

How do you each feel about the condition of our water? Do you think a book like this can inspire action?  

LNF: The Great Lakes play a significant part in my personal history. Although I’ve lived in west Michigan for most of my life, I was born and raised in Cleveland near the shores of Lake Erie. I saw firsthand the devastating effects of rampant pollution: the spontaneous combustion of flames on the Cuyahoga River and the impact on the fragile ecosystem of Lake Erie. Although more work needs to be done, it’s gratifying to see the positive changes that have occurred in those waterways during the last fifty years. We can contribute to the nurturing and healing of our waters and environment: it just takes a dedicated mindfulness. I hope our book reflects that mindfulness. Because even though the main characters of the book are a young girl and her mermaid companion, the true spirit of the tale is the deep heart of Lake Michigan.

AMO: Lake Michigan has, over and over, healed me with beauty, with wildness and calm, with cool water, and strong breathtaking color. It is my life’s blood, and also a life source for me as an artist–even when I am writing about farm life and rural work.  All that is threatened when water becomes a commodity instead of a commons. In a world where science is often disregarded or misused for profit, I wonder if our mythical story might be an entirely different approach to encouraging people to think about water, and the lakes, as living entities. I wonder if a single make-believe (is she really make believe?) creature of the lake might help people embrace the aesthetic and spiritual side of these waters.  It’s not just about the imbalances, the invasives and the pollution, it is also that when we turn away from the spirit of this lake, we turn away from something essential in ourselves. If we could be touched by the “mermaid,” as the girl is, could we be saved (a little bit) from our own acquisitiveness?


Can One Person Make a Difference? This Sixth Grader Already Has

Hope is in the air, and the water.

On a recent trip to Chicago to attend the Patagonia Action Works conference, FLOW Executive Director Liz Kirkwood met an extraordinary young advocate, Marcella Carter.  Spurred into action by her concern about the oil and gas pipelines threatening the Straits of Mackinac, Marcella organized friends and classmates and raised $1,000 to support FLOW’s work to shut down the lines.

We wanted to know more about Marcella and her work.  A sixth-grader at the University of Chicago Laboratory Schools, just blocks from her home in Hyde Park, Marcella is 12.

“Every morning I enjoy getting to walk to school with my older brother (Gabriel) who is a freshman in high school and my mom, who works at the University of Chicago Cancer Center as a Regulatory Affairs Manager,” Marcella says. “There are some good and bad things about walking to school, one of the great things being that we are not polluting the earth with gasoline every morning.”  

We e-mailed her some questions about what led to her leadership on Line 5.


Where does your interest in the environment and water come from?

Throughout my childhood I have grown up around nature and learning to love it. My family and I go camping often. When we lived in Georgia, we had a spot that we found one year after hiking for 10 miles and it was perfect for us, with the raging river right there, little sandy coves, and secret trails. So, every year after that we hiked the full 10 miles and set up camp in our spot. We have many stories and had great adventures camping, many including my dog CastaLuna, a spanish greyhound.

Another thing that I grew up around was my parents’ cloth diaper business, Better for Babies. They started making and selling reusable cotton diapers to help decrease the amount of disposable diapers going into landfills and then they had the idea to sell an even wider variety of sustainable items, so they started Better for Grownups as well. They started selling reusable tissues, makeup rounds, etc.

I remember walking down the block from Miss Marni’s Preschool with my dad by my side in his electric wheelchair towards the building where all Better for Babies and Better for Grownup things happened. As I opened the door and walked in, I was greeted with the sound of sewing machines and the seamstresses’ voices shouting my name in welcome. I spent my afternoons there, climbing the wooden structure that held the huge rolls of soft cotton fabric and sitting there watching. These things have made me very passionate in helping to protect the amazing environment that we all live in.

What inspired you specifically about raising money to protect the Great Lakes from Line 5?  What do you hope the result will be?

I learned about the problem with Line 5 one day when my dad got an email from Patagonia alerting people and asking for help to get Line 5 shut down. The email included a link to the movie Great Lakes, Bad Lines. My dad and I read the email and were shocked! We started the movie and I immediately wanted to do something to help.  

I love Lake Michigan, it is a part of my life. I see it almost every day and it makes me smile. When I moved to Chicago and saw Lake Michigan for the first time in person, I was in awe. I had never seen a lake look like that. At that time my definition of a lake was the lake that my house was next to in Georgia, Lake Carroll.  I have memories of going out on the lake in my grandfather’s boat in the summer but it just doesn’t compare to Lake Michigan. Lake Carroll is small and filled with dirt because of a construction accident when all of the dirt that they were digging up tumbled down the hill and blew into Lake Carroll. Because of that you can’t see the bottom of the very shallow murky water, and when it rains the dirt will all come up to the surface and you can easily get an ear infection if you swim in it.

Lake Michigan is special, with the way that one day when the sun is out it can look like the ocean next to a Hawaiian beach, the next day it’s so clear that you can see everything beneath it, then on a rainy day its waves are raging and it’s a dark mysterious grey. It looks like Lake Michigan has many different feelings or emotions and expresses them through colors and texture of the water. I don’t think that anyone wants one of those new colors to be black oil.

I don’t just want to protect The Great Lakes from Line 5 because of its beauty or my memories of reading on the warm rocks while my dad, who used to be in a wheelchair for 10 years, is swimming, but also because Lake Michigan is a very important source of freshwater. If Line 5 broke and spilled oil then we would lose so much water. We may still have lots of bottled water, but bottled water is not good for the environment and many people can’t afford it, so tap water is a great solution. But, if Line 5 doesn’t get shut down, there goes a ton of our tap water. I hope the result will be Lake Michigan still being what it is and not ruined by oil.

Do you see yourself working on environmental issues in the future?

Yes, I definitely do! I hope to continue what I am doing now, helping issues by raising awareness or money, working with the sustainability club to make our school more green, and going to events to learn more. As for when I am older, it has always been my dream to become a fashion designer. As I learned more about the problems with fast fashion, child labor, poor work environments, and factory pollution, I brainstormed ways I would make my fashion brand more environmentally friendly but also sell clothes and collections that are fashionable and that make women feel confident. I am going to keep researching and working on my sewing and design skills so hopefully my dream can come true.

What advice do you have for other young people who care about protecting our environment?

First of all, that’s great! We need more young people who care about protecting our environment because we are the next generation and can make a big impact. I would say know that you can make a difference and don’t let anyone tell you that you can’t or you’re “too young”. I would also say that some of the best ways to start protecting our environment is first with your own lifestyle. Make sure you are recycling, ask your parents if you can start composting, and when your parents go to the grocery offer to tag along and bring reusable bags. When you are at the grocery, help your parents make more sustainable choices. For example: If you are buying applesauce, instead of buying a box of individually wrapped squeezes, ask your parents if they could get you the big glass jar of applesauce — without being bossy (Ms. Williams gave the Sustainability club that tip!).

Then, help your school by starting a club if there isn’t already one. You and your club can find non-environmentally friendly things about your school and figure out ways to fix them. You can also talk to local restaurants, coffee shops, bookstores, etc. about ways they can reduce waste. For example, research compostable straws and find a brand that looks reliable and share it with the store, asking them to use that instead of plastic ones, and make sure to tell them that even if they don’t have a compost, the compostable straws are still better than plastic ones because they will decompose in 3 to 6 months even in a landfill, but plastic straws take up to 200 years! If the store doesn’t want to change their products you can also just set a good example for others by bringing your own reusable straw with you and use that instead of reaching for a single use plastic straw.

Others may ask you about your reusable straw and that can give you a good chance to teach others. Sometimes all they need is some information and shocking facts to think twice about grabbing that straw and maybe they will even go online and buy a reusable one! If you want to learn more about environmental problems and how to help, ask your parents to take you to some events, then bring back the information you learned to your club and see what you can do.


Thank you!

FLOW is grateful to the University of Chicago Lab School’s Sustainability Club, Marcella and her family for their commitment to environmental stewardship.  The future will be brighter because of them.


Two Poets, a Mermaid, and FLOW

FLOW is pleased to announce poets Anne-Marie Oomen and Linda Nemec Foster will read from their new book, The Lake Michigan Mermaid, at a fundraiser for FLOW on Thursday, April 19.  The reading and reception take place from 5:30-7 p.m. at the Centerpointe conference center, top floor, in Traverse City.

Published by Wayne State University Press for the Made in Michigan series, The Lake Michigan Mermaid tells in poetry the story of a troubled young girl who seeks a mythical creature, the true spirit of the lake, a beautiful mermaid that she believes lives in Lake Michigan waters.  The Lake Michigan Mermaid is a tale of friendship, redemption, and the life-giving power of water. Beautifully illustrated by Meredith Ridl, the book is an unforgettable experience that aims to connect readers of all ages.  

At the event, the poets will read poems interspersed with the story-of-the story: how the book came to be. 

“I’ve long been interested in using place and story to raise consciousness about water, thus my interest in creating a work that incorporates Lake Michigan and offers a new fairy tale,” Anne-Marie says.

Anne-Marie Oomen of Empire is author of Love, Sex and 4-H (Next Generation Indie Award for Memoir), Pulling Down the Barn (Michigan Notable Book); and Uncoded Woman (poetry), among others.  She teaches at Solstice MFA at Pine Manor College (MA), Interlochen’s College of Creative Arts (MI), and at conferences throughout the country.

Poet and writer Linda Nemec Foster is the author of ten poetry collections, including the critically acclaimed books Amber Necklace from Gdansk and Talking Diamonds. She has been published in over 350 magazines and journals. She has received nominations for the Pushcart Prize, and has been honored by the Arts Foundation of Michigan, ArtServe Michigan, the National Writer’s Voice, and the Academy of American Poets. From 2003-2005, Foster was selected to serve as the first Poet Laureate of Grand Rapids, Michigan. Foster is the founder of the Contemporary Writers Series at Aquinas College.

For more details about the book:  https://www.wsupress.wayne.edu/books/detail/lake-michigan-mermaid


The Dunes and the Water

“It is said in the desert that possession of water in great amount can inflict a man with fatal carelessness.” 
― Frank HerbertDune

As a youngster, my favorite novel was Frank Herbert’s Dune, which takes place on a fictional desert planet. Unsurprisingly, this planet houses plenty of sand but precious little water.

Climbing the sand dunes of Sleeping Bear, I would pretend to be walking alongside the protagonist, Paul, struggling across the barren and dry land. I would climb as high as I could and feign shock when I caught my first glimpse of Lake Michigan, pure water as far as the eye could see.

I would turn to Paul and say, “All of our fears were for naught.” He would say nothing, being wiser than me, knowing that a large supply of water came with its own problems of carelessness, greed, and ignorance. Around this time, my parents would reach the top of the dune and worry about me as I stood and talked to myself.

“A man’s flesh is his own; the water belongs to the tribe.” 
― Frank HerbertDune

In Paul’s world, water is sacred. People use full body suits to recycle as much water as possible simply to stay alive. Everyone actively shares the water, as it is vital to the survival of all.

“All the water that will ever be is, right now.”
National Geographic

Nayt Boyt

In our own fictional worlds each day, we turn a lever that produces water. “Produce” is the verb we use, but it is not an accurate one. Water is not being assembled or created, simply transferred from one location to another. It is the same water whether in Lake Michigan, our body, or in the ground – whether solid, liquid, or gas. Water is not produced. It already exists.

The Great Lakes and the Earth face powerful threats to their water in the near future. Like Paul, we have a limited amount of our shared water. We must protect it fiercely.


I Live Near Lake Michigan

I live near Lake Michigan.

I am among the lucky ones, as is my neighbor, Tom Shaver, who has said more than once that he pinches himself as a reminder not to take living next to Lake Michigan for granted. Like most of my neighbors, Tom has a deep appreciation for the awesome grandeur and natural majesty of Lake Michigan; its morning brilliance, stunning sunsets, ever-changing moods, and the sounds and fury of its winds and storms.

I savor the opportunity to introduce strangers to the Great Lakes – folks from outside the Midwest or from other countries who have never had occasion to experience the Lakes up close. They are invariably impressed, if not astonished. “How come I can’t see the other side?” is a common question. “You mean there is no salt?” asked an exchange student from Montenegro.

We are so fortunate as Michiganders to live in the heart of these extraordinary fresh water seas. The Lakes are a phenomenal geologic anomaly and a magnificent natural endowment. Sculpted by ancient retreating glaciers that left the largest interconnected body of fresh surface water in the world, the Great Lakes are globally unique. Harboring 84 percent of all fresh surface water in North America, the Lakes provide direct health, economic, environmental and ecological services to 40 million people.

As science measures the lifecycles of freshwater bodies, the waters of the Great Lakes are largely considered both young and pristine, but the geologic timeline only obscures the many immediate challenges facing the Great Lakes.

The Lakes’ complex, dynamic ecosystems endure a growing list of human impacts. Nutrient loadings from industrial farming propagate algae, stormwater overflows discharge human waste, and elevated water temperatures transform ecosystems – all injurious impacts exacerbated by climate change. New science reveals that fish and other aquatic life are affected by recently discovered, yet ubiquitous, pharmaceutical chemicals and microplastics still concentrating in our waters. Invasive species, shoreline development, and non-point source pollution present intractable, long-term challenges. Commodification and privatization of the waters of the Great Lakes present serious future risks.

The threats to the Great Lakes are manifold, diverse and systemic. Meeting these threats requires concerted action by informed citizens and responsible government operating with common purpose and employing common strategies. It requires citizens and government policy-makers who understand that the Great Lakes – their waters, bottomlands and shorelines – belong to all of us, and that government has a clear legal duty to protect and preserve the Great Lakes for the benefit of the citizens they serve.

FLOW’s mission is to safeguard the Great Lakes through strategic application of the Public Trust Doctrine. The PTD establishes three principles that are deeply embedded in our jurisprudence:

  1. The Great Lakes are owned by the people;
  2. The people’s ownership interest is held in a legal trust for the benefit of the people;
  3. Government has a “solemn and perpetual” fiduciary responsibility to protect and preserve the trust for future generations.

With public ownership comes special duties of stewardship for both citizens and government – duties that are reciprocal and interdependent: Citizens have the responsibility of protecting and preserving this natural endowment for future generations through vigilance, holding government accountable, and demanding sound policy. Government has a corresponding duty as trustee and fiduciary to ensure that the public’s interest in the Great Lakes is not injured, diminished, or alienated.

The Public Trust Doctrine is a foundational principle that has long informed the development of our environmental laws. It is also a paradigm that can and should be extended to imminent societal challenges like water scarcity and climate change.

Skip Pruss, FLOW Chair

FLOW’s unique contribution is to use the Public Trust Doctrine to cultivate principles of good stewardship by increasing public awareness and knowledge of the Great Lakes, by nourishing the mutual inclination of citizens and government to protect the waters of the Great Lakes, and by undertaking strategic actions based upon the doctrine to advance model policies that yield real world solutions.

Protecting and preserving the integrity of our water resources is our common bond and shared responsibility to future generations.


Court Confirms 45 Miles of Lake Michigan Shoreline Owned by State Under Public Trust

Court Confirms Indiana’s 45-Mile Shoreline on Lake Michigan Owned and Held by State for Public Recreation Under Public Trust Doctrine

By Jim Olson[1]

 

Another state court confirms that the 3,200 miles of Great Lakes shoreline are owned by states in public trust for citizens to enjoy for walking, swimming, sunbathing and similar beach and water related activities on public trust lands below the Ordinary High Water Mark (“OHWM”).[2]

When Indiana was carved out of the Northwest Territories and joined the United States in 1816, the State took title in trust for all waters of Lake Michigan and all land below the OHWM along the state’s 45-mile shoreline.Map of Indiana Shoreline with Counties

In 2012, the lakefront owners on Lake Michigan  in Long Beach, Indiana, filed a lawsuit against the town of Long Beach, claiming they owned all of the land to the waters’ edge. Lakefront owners asked the trial court judge to prohibit any interference with their private property by town residents and the city who used the beach as public for walking, sunbathing, swimming, and picnicking  since the town was incorporated. A group of local residents and homeowners organized into the Long Beach Community Alliance (“LBCA”),  and intervened in the dispute to defend their public right of access for walking and recreation over the wide strip of white sugar sand between the shoreline and the retaining walls and yards of the lakefront owners. The Alliance for the Great Lakes (“AGA”) headquartered in nearby Chicago, and Save the Dunes (“STD”), a nonprofit organization dedicated to protecting the dunes on Indiana’s shoreline, also intervened to protect the interests of their members who were citizens of Indiana and used and enjoyed the Lake Michigan shore.

In late December 2013, the trial judge ruled that the lakefront landowners could not interfere with the town or residents’ efforts to pass ordinances recognizing the land below the OHWM belonged to the state and was held in public trust for residents and citizens of Indiana.[3]

Not satisfied, the lakefront owners appealed to the Indiana Court of Appeals. In 2014, the appellate court recognized the trial judge’s ruling below, but remanded the matter back to the trial court for a more comprehensive decision on the State’s title and the public trust in the shoreline.[4] The court reasoned that the State of Indiana had not been made a party in the local suit, a prerequisite for a court ruling on a landownership and pubic trust shoreline dispute.

Another lakefront owner pressed forward with a related new lawsuit, again claiming ownership to the waters’ edge, based on their deeds that, they argued, gave them title to the waters’ edge, even if that meant their title cut off the rights of citizens of Indiana to the shoreline below the OHWM. This time the state was named a defendant, and the LBCA, AGA, and STD once more intervened.

It’s common knowledge that Lake Michigan water levels have fluctuated about 6 feet between highs and lows since the federal government started keeping records in 1860. In the late 1980s, the water levels and wave action threatened the lakefront owners’ retaining walls and homes. In 2013, the year the first court ruling came down, the water levels were so low, the distance from the waters’ edge to the lakefront owners’ retaining walls was wider than the length of a football field.

Longbeach, Ind Shoreline photo

While the knowledge may not be so common for many citizens, the U.S. Supreme Court and the courts of states abutting the Great Lakes have routinely ruled that each state took title to the waters and lands of the Great Lakes up to the OHWM. In 1892, the U.S. Supreme Court ruled that all of the Great Lakes’ waters and bottomlands to this ordinary high water mark are owned by the states in trust for all citizens.[5]  The Illinois legislature deeded one square mile of Lake Michigan on Chicago’s waterfront to the Illinois Central Railroad company for an industrial complex. However, the Supreme Court voided the deed, and found that the public trust in these lands and waters is inviolate and could not be sold off, alienated, or even legislated away.

Despite this history, lakefront owners the Gundersons, pushed for exclusive ownership of the beach to exclude residents from the beach between their homes and the waters’ edge.  The State of Indiana Department of Natural Resources, LBCA, AGA, and STD defended public ownership and the residents and citizens’ right to use the public trust shoreline for walking, swimming, sunbathing, and similar water-related recreational activities.

On July 24,  2015, LaPorte County Judge Richard Stalbrink wrote a near text-book-perfect decision on the public trust doctrine and ruled against the lakefront owners in favor of the state, LBCA, AGA, and STD,  confirming that the beach below the ordinary high water mark to the waters’ edge belongs to the state and is subject to a paramount public trust that cannot be interfered with or impaired by lakefront owners.[6]

First, Judge Stalbrink followed the Supreme Court cases holding that the state obtained title to the waters and bottomlands to the OHWM when it joined the Union in 1816. Second, Stalbrink ruled that this beach land below the OHWM was held in trust for public walking, swimming, fishing access, and other public recreational uses. Third, the Court confirmed that Indiana’s definition of the OHWM was proper, given that the definition takes into account the physical characteristics that define a permanent shoreline as reasonable evidence of the public portion of the shoreline.  Finally, Judge Stalbrink recognized that because water levels of Lake Michigan fluctuate, the width of the beach is subject to change, but that there is always a paramount right of the public to access the beach for proper public trust recreational activities.

As Judge Stalbrink observed near the end of his decision, ”Private lot owners cannot impair the public’s right to use the beach below the OHWM for these protected purposes. To hold otherwise would invite the creation of a bach landscape dotted with small, private, fenced and fortified compounds designed to deny the public from enjoying Indiana’s limited access to one of the greatest natural resources in this State.”[7]

 

(Author’s End Note: See rulings by the Michigan Supreme Court in 2005. Glass v Goeckel, 473 Mich 667, 703 N.W. 2d. 58 (2005), Ohio Supreme Court in Merrill v Ohio Department of Natural Resources, 130 Ohio St. 3d 30, (2011) (on remand before Court of Common Pleas, Lake County, Ohio for factual determination of OHWM); the Gunderson decision upholding public trust in Long Beach should control the decision in the companion case, LBLHA, LLC v Town of Long Beach et al., supra note 2, on remand to the Laporte County trial court).

[1]President and Founder, Flow for Love of Water.

[2]See Melissa Scanlan, Blue Print for a Great Lakes Trail, Vermont Law School Research Paper No. 14-14 (2014).  (Professor Scanlan proposes walking trail within public trust lands and without interference with riparian use based on public trust doctrine in the Great Lakes); James Olson, All Aboard: Navigating the Course for Universal Adoption of the Public Trust Doctrine, 15 Vt. J. E. L. 135 (2014) (Author documents the application of the public trust doctrine in all eight Great Lakes states and two provinces of Canada).

[3]LBLHA, LLC  v Town of Long Beach et al., Cause No. 46C01-1212-PL-1941. (The author, Jim Olson, discloses that he was one of the attorneys, along with Kate Redman, Olson, Bzdok & Howard, P.C., Traverse City, Michigan, in this case for the Long Beach Community Alliance in favor of public trust in shoreline).

[4]LBLHA, LLC v Town of Long Beach et al., 28 N.E. 3d. 1077 (2014). The Indiana Court of Appeals remanded to the trial court to add the State of Indiana as a party; this case will not proceed in same fashion as the Gunderson case discussed in this paper, which was decided by the same LaPorte County trial court.

[5]Illinois v Illinois Central Railroad, 146 US 387 (1892).

[6]Gunderson v State et al., LaPorte Superior Court 2, Cause No. 46D02-1404-PL-606, Decision, July 24, 2015, 22 pps. (Judge Stalbrink, Richard, Jr.); Indiana Law Blog, Ind. Decisions, July 28, 2015 http://indianalawblog.com/archives/2015’07/ind_decisions_m_709.html.; see also U.S. v Carstens, 982 F Supp 874, 878 (N.D. Ind. 2013).

[7]Id., Indiana Law Blog, at p. 3.