Tag: mackinac straits

State-Commissioned Line 5 Risk Analysis Underlines Urgency of Shutdown, FLOW Says

FOR IMMEDIATE RELEASE                                                                      August 21, 2018


Even the significantly understated economic impacts of a spill from Line 5 at the Straits of Mackinac in a state-commissioned analysis reveal a fiscal and human price tag too high for the people of Michigan, FLOW (For Love of Water) said in comments submitted to Lansing officials before Sunday’s deadline.

FLOW submitted the comments to the state on a draft Independent Risk Analysis coordinated by Dr. Guy Meadows of Michigan Technological University that was released in July.      

The Traverse City-based Great Lakes law and policy center said that while the state-commissioned analysis rests on excessively conservative assumptions that lead to underestimates, the potential $2 billion economic impact it calculates is unacceptable and justifies an immediate shutdown of the twin petroleum pipelines owned and operated by Enbridge Energy. The company was responsible for the largest inland oil spill in U.S. history when its Line 6B ruptured and contaminated the Kalamazoo River watershed in 2010.

An analysis released by FLOW in May and conducted by ecological economist Dr. Robert Richardson of Michigan State University estimated impacts and damages of over $6 billion from the same approximate volume of spill used as an assumption in the state-commissioned study.

“A Line 5 spill will ravage Michigan’s economy and environment no matter which estimate you use,” said Liz Kirkwood, executive director of FLOW.  “The state-sponsored report confirms that the economics of Line 5 are bad news for the people of Michigan and our precious Great Lakes.”

FLOW said the state-commissioned study’s flaws understate the potential impact; for example:

  • Short-term impact? The study wrongly assumes that an oil spill in the Straits will only have a short-term effect on the region’s tourism and recreational economies, commercial shipping industry, commercial fishing, and coastal property values.  It bases the short-term economic impact assumption on a recreation assessment for the Deepwater Horizon oil spill in the Gulf of Mexico in 2010.  However, that spill occurred roughly 41 miles off the coast of Louisiana, while a potential Line 5 spill would occur approximately two miles offshore at most. This proximity to the shoreline and coastal communities amplifies the impacts of a Line 5 spill.
  • Quick cleanup? The study grossly underestimates the amount of time it will likely take to remove the dispersed oil, to the extent even possible, and start restoring the water and shorelines of Lake Michigan and Lake Huron. If the Line 5 spill estimated in the state-sponsored study were to occur, and approximately 441 miles of shoreline were affected, cleanup crews would have to restore over a mile of beach every day to ensure the shoreline would be in condition for the next summer season, when the majority of Michigan tourism and recreational activities take place.
  • No lasting harm to the Pure Michigan brand? The study does not account for any lingering stigma that a catastrophic environmental disaster would likely cast. The long-term taint and diminution of property values from a release of hazardous substances and water pollution are well documented. The Risk Analysis assumes the reduction in the value of lakefront properties would only amount to $2.6 million.  Richardson’s analysis estimates a multi-year impact of over $485 million in coastal property values.
  • Loss and damage to people, communities The Risk Analysis acknowledges that “mental health issues are a significant concern after disasters such as a potential oil spill at the Straits of Mackinac.” As significant as the effects to mental health on residents and tribal members, the Risk Analysis fails to discuss the potential costs of long-term mental health counseling, therapy, and other services needed to prevent or treat the mental health symptoms caused by a worst-case scenario Line 5 spill. The Risk Analysis also fails to evaluate the risks to the public drinking water supply on Mackinac Island, as well as the emergency response plan that would have to be implemented to ensure Mackinac Island residents and visitors have adequate drinking water supplies after a spill.

FLOW said state officials, as public trustee of the waters, should require Enbridge to submit and demonstrate through a comprehensive alternative analysis that there are no other feasible and prudent alternatives to the continued operation of Line 5 in the Straits of Mackinac. At a minimum, state officials must demand that Enbridge demonstrate that they possess sufficient liability coverage for all liabilities and/or damages stemming from the worst-case scenario Line 5 spill outlined in the Risk Analysis. Enbridge has made no attempt to do so, instead calling on the state and citizens to trust that another Kalamazoo River-scale disaster won’t happen again. 

“Trust is no substitute for hard evidence,” Kirkwood said. “Enbridge has continually failed to demonstrate it can be trusted with the future of our great waters.”


Enough is Enough: It’s Time to Decommission Line 5


Every year, a million visitors reach the shores of Mackinac Island, also known as Turtle Island to the Anishinaabe peoples who first settled here in the Great Lakes.  Unlike most visitors, every May I make an annual pilgrimage to the island to argue the case to decommission Line 5 to our top state and federal leaders at the Policy Conference.  Against the spectacular backdrop of the Straits of Mackinac, thousands of attendees gather on this tiny island to discuss the state’s most pressing economic issues.  But every year without fail, Line 5 is not even mentioned on the agenda.  And the irony could not be greater.

Let’s talk economics for a moment: Michigan will suffer an estimated $6.3 billion blow from damage to tourism, natural resources, coastal property values, commercial fishing, and municipal water systems, according to a new study by a Michigan State University economist commissioned by FLOW.  Mackinac Island and St. Ignace will immediately lose their Great Lakes drinking water supply, and the oil spill could threaten shoreline communities and their water source from Traverse City to Alpena and beyond.

Legislators often ask about the U.P. propane issue, which continues to be a red herring and barrier to clear decisive state action.  Research by engineers working with FLOW reveals that just 1-2 rail cars or a few tanker trucks a day from Superior, Wisconsin, could replace Line 5’s U.P. propane supply.  A state-sponsored study in October found that installing a 4-inch-diameter propane pipeline from Superior to Rapid River would meet demand.  State leaders should urgently pursue these options.

And where does all the Line 5 oil go?  It turns out that 90-95 percent of Line 5’s oil comes and goes back to Canada.  What this means is that the 5-10 percent of the crude oil in Line 5 headed to the Detroit and Toledo refineries could be replaced by oil from the Capline and Mid-Valley pipelines from the south that serve the same refineries, along with crude from Northern Michigan oil fields.  Alternative pipelines exist that do not threaten our globally unique Great Lakes that contain 20 percent of the world’s fresh surface water.  

The catastrophic nature of a potential spill became clear last month when a tugboat anchor slammed into Line 5 in the Mackinac Straits and dented and gouged the Line 5 pipelines, while also severing two submerged electric cables and spilling their toxic dielectric fluid into the water.  It was at least the second significant strike of Line 5 in the Straits, according to Enbridge’s inspection data.  

So here we are, another year later with little progress towards decommissioning Line 5.  Rather, Governor Snyder had high hopes of wrapping things up with his November 2017 back-room deal with Enbridge to authorize a tunnel under both the Straits and the St. Clair River.  Significant legal questions and challenges loom, not to mention engineering trials and staggering public work costs that make this a hazardous path to walk.  Bottom line, a tunnel (even if feasible) could take 7-10 years to build and utterly fails to address the ongoing and growing imminent threat as the pipelines continue to bend and age every day.

Liz Kirkwood, Executive Director

According to the Detroit Free Press, Line 5 is one of the “thorniest issues being grappled with by state leaders, including Gov. Rick Snyder and Attorney General Bill Schuette.”  This, however, should not be the case.  Our state leaders, in fact, have the legal power now to decommission Line 5 by revoking the easement it granted Enbridge in 1953 to build Line 5 and occupy our waters of the Great Lakes under public trust law.  Heightened state scrutiny and enforcement are warranted given that Enbridge continues to violate its legal easement agreement with the state and the express engineering requirements designed to prevent catastrophic rupture.  For example, in 2017, it was revealed that Enbridge for three years hid the fact that Line 5 had lost its anti-rust outer pipeline coating in more than 60 places in the Straits of Mackinac. 

Enough is enough.  It’s time to decommission Line 5.  


Liz Kirkwood’s Comment to the PSAB

  • Over two years ago, the Governor of Michigan created this Advisory Board by Executive Order to “Review and make recommendations for statutory, regulatory, and contractual implementation of the Michigan Petroleum Pipeline Task Force Report.”  This meant the board was required to oversee an independent and comprehensive analysis of risks and alternatives. 

 

  • Instead we Michiganders have (1) no risk report, (2) a flawed alternative report that still ignores the most credible alternative – using existing and expanded pipeline infrastructure around the Great Lakes, and (3) the Governor’s Thanksgiving deal with Enbridge that locks in a tunnel alternative under 20 percent of the planet’s fresh surface water. 

 

  • What our leaders have now is Tunnel Vision. 

 

  • Tens of thousands of citizens of this state have taken the time to study these matters and express their views to you.  Members of this board have spent countless hours on your task.  All of that for naught because of a closed-door agreement between Enbridge and the governor.

 

  • The deal allows Enbridge’s decaying Line 5 oil pipelines to continue to occupy the publicly owned lakebed at the Straits of Mackinac indefinitely, despite the company’s record of deception, poor stewardship, and bungled emergency response.  It’s a reward for failure.

 

  • We know a fair alternative analysis can be done.  In fact, in December 2015, FLOW offered a thorough analysis for the decommissioning of Line 5 that established an alternative that reasonably met the basic purpose of transporting crude oil to the various refineries within and beyond the Great Lakes region.  Why hasn’t the state done the same?

 

  • The Governor’s deal has mapped a blueprint that narrows the alternatives to some form of tunnel replacement in the Straits, the Great Lakes, and St. Clair River.  Moreover, the deal will bind the state to a new replacement of the entire 645 miles of Line 5 through Michigan and potentially open the door to heavy tar sands.

 

  • In the interest of full transparency and public knowledge, this board can do the people of Michigan a service by asking for a full public accounting for this deal, and by demanding a credible adverse weather provision to shut down Line 5 and a comprehensive alternatives analysis as required by law. The future of Line 5 is about the future of the Great Lakes.  And fortunately, public trust law makes this the public’s decision, not a closed-door deal between the Governor and Enbridge.     

 

Thank you.

Liz Kirkwood, Executive Director


 

For Immediate Release: FLOW RESPONDS TO STATE-ENBRIDGE AGREEMENT

FOR IMMEDIATE RELEASE                                                        November 27, 2017

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


TRAVERSE CITY, MI – FLOW issued the following statement today regarding the announcement of an agreement between the state of Michigan and Enbridge Energy concerning the company’s Line 5 oil pipelines in the open waters of the Mackinac Straits, where Lake Michigan and Lake Huron meet:

“It is imprudent and arbitrary for the Governor to unilaterally sign a deal with Enbridge before the legal processes and evidence, including the opinion of experts on all sides, have been thoroughly reviewed and completed. Governor Snyder appears to have ignored and violated his own executive order, law, rules and once more ignored his public trust duties toward the Great Lakes, water, public health and safety, and the protection of citizens.”

“While the Governor’s agreement with Enbridge imposes some important interim safety measures, these measures should be steps toward the final shutdown – not replacement – of the pipelines.”

“It makes no sense to trust Enbridge to abide by a new agreement when it has been flagrantly violating its existing commitments and attempting to conceal those violations.”

“This is the same company that brought Michigan the worst inland oil spill in U.S. history and that misled both state and federal authorities for three years about its pipeline anchors causing bare metal spots on 48 locations along Line 5 in the Straits.”

“The Governor cannot preordain the tunnel option without Enbridge submitting an application under state law — the Great Lakes Submerged Lands Act — and demonstrating that there is no feasible and prudent alternative to continuing to use the Great Lakes as a high-risk shortcut for transporting oil from one part of Canada to another.”

“The presumed tunnel option bypasses and prematurely dictates the future of Line 5 and sidelines the three-year process that the Governor set into motion with the creation of the Michigan Petroleum Pipeline Task Force and the Michigan Pipeline Safety Advisory Board under his executive order.”

“The final alternatives analysis just came out on November 20 and the public comment period ends on December 22.  This agreement completely eviscerates any meaningful opportunity for the public to weigh in on alternatives.  Moreover, the public and the Governor’s office still do not have a comprehensive study analyzing the risk of Line 5 and its alternatives.”

“The Governor’s preemptive move today continues to violate treaty-reserved rights that predate Michigan’s statehood. The five federally recognized tribes whose fishing rights are located in the Straits of Mackinac were never consulted in 1953, and again were not consulted as part of this 2017 agreement between Enbridge and the State of Michigan. Sixty percent of the tribal commercial whitefish harvest comes from the spawning grounds in the Straits of Mackinac.”


FLOW (For Love of Water) is a Great Lakes water law and policy center and a 501(c)(3) nonprofit organization based in Traverse City, Michigan. Our mission is to protect the common waters of the Great Lakes Basin through public trust solutions.


Enbridge’s Neglect of 64-Year-Old “Line 5” Pipelines Risks Mackinac Straits, Requires State to Stop Oil and Hold Hearings


 


 


 

FOR IMMEDIATE RELEASE TO MEDIA: June 29, 2017

Contacts:

Liz Kirkwood, Executive Director                                                  Cell: 570-872-4956
FLOW (For Love of Water)                                                          Email: liz@flowforwater.org

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

 

TRAVERSE CITY –

After the revelation earlier this month that Enbridge for years routinely violated a legal agreement to properly anchor its dual pipelines against the swift currents in the Mackinac Straits, the state of Michigan now must apply the law, stop Line 5’s oil flow, and hold public hearings as it considers the Canadian company’s application to squeeze more life out of its decaying steel infrastructure built in 1953, according to FLOW, a Traverse City-based Great Lakes water law and policy center, in formal comments released today.

While the state’s 1953 easement agreement granting Enbridge conditional occupancy of state bottomlands in the Mackinac Straits allows Enbridge up to 90 days to cure any violations, a 2016 report commissioned by Enbridge shows that the company for years knowingly ignored the erosion problem, which  appears to be unfixable and worsening with time.

“Enbridge’s willful neglect to properly support Line 5 in the Mackinac Straits is a game changer,” said Liz Kirkwood, FLOW’s Executive Director and environmental attorney. “This neglect is a flagrant violation of the company’s privilege to use the bottomlands and waters of the Great Lakes.”

“Leaving the pipeline exposed without support in the currents and forces of the Straits causes metal fatigue and heightens the risk of a spill. There needs to be an investigation of whether a pipeline should be there at all, before considering structural changes to a pipeline that has been compromised by the company’s own actions,” Kirkwood said.

Enbridge’s June 9 “maintenance” application to install up to 22 more pipeline anchors into Lake Michigan’s public bottomlands fails to address a company pattern of violating the easement and avoiding an assessment of Line 5’s impacts and alternatives, while perpetuating the imminent threat to the Great Lakes and the protected public uses that include fishing, commerce, navigation, recreation, and drinking, according to a legal analysis by FLOW.

The Michigan Department of Environmental Quality (MDEQ) is receiving public comment through today on Enbridge’s application, which also is being reviewed by the U.S. Army Corps of Engineers.

“This application is not about anchor supports. It’s about whether Enbridge can expand Line 5 and the new Line 78 from Indiana across lower Michigan to Sarnia,” said Jim Olson, FLOW’s founder and president and a renowned water rights attorney.  “Our cities, villages, and citizens have ended up with Enbridge’s version of the Keystone XL right here in the Great Lakes, and it happened without the public notice, hearings, and independent impact and alternative analyses required by law.”

The application, like many others filed by Enbridge in the last few years, disguises the company’s piecemeal actions that continue to significantly expand oil transport through and around the Great Lakes. Line 5 transports nearly 23 million gallons of oil and natural gas liquids each day through the Mackinac Straits, 80 percent more volume than its past design capacity after several of its so-called “maintenance” upgrades.

The Michigan Pipeline Safety Advisory Board is conducting a parallel review of Line 5 in the Straits, with a draft report on alternatives released today and a risk report that has been stymied by a conflict of interest, but that process is neither under the rule of law nor complies with the Great Lakes Submerged Lands Act (GLSLA) or other state and federal law.

“The advisory board’s review is not legally binding and does not replace the DEQ’s independent obligation to determine whether Line 5 should continue.” Kirkwood said.

Of particular concern is Enbridge’s continued failure to predict and prevent the cumulative impacts on Line 5 of lakebed erosion caused by Straits currents that frequently reverse and can exceed 10 times the flow over Niagara Falls.

“Enbridge’s piecemeal approach to managing washouts and installing adequate support under the Straits crossing of Line 5 has resulted in the line frequently being out of compliance with easement support requirements since the 1970’s,” said Ed Timm, PhD, an engineer advising FLOW. “Washouts are inherently unpredictable and it is likely that damage to the pipe has already occurred because of unsupported spans that were not detected and repaired by Enbridge’s two-year inspection and repair schedule.”

Contrary to assertions by Enbridge, the state taking action to stop Line 5’s oil flow in the Mackinac Straits to prevent a catastrophic oil spill would not disrupt Michigan's or the Midwest's crude oil and propane supply, according to a set of expert reports FLOW released in December 2015. 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 Enbridge, but also by competitors supplying the same refineries in Detroit, Toledo, and Sarnia, Ontario.

“The fact is, Line 5 is not essential,” said Rick Kane, a Michigan-based hazardous materials risk management specialist advising FLOW. “The regional pipeline system can supply crude oil to Michigan and surrounding refineries while eliminating the risk that Line 5 poses to the Great Lakes,” Kane said. “Feasible and prudent alternatives exist to support domestic needs, as well as exports.  However, pipeline company owners will not move to implement any alternatives as long as Line 5 operates and the public continues to carry the risk.”

For more information, visit FLOW’s website at www.FLOWforWater.org/Line-5/ and these links:

  • FLOW’s Public Comments on the Joint Application of Enbridge Energy to Occupy Great Lakes Bottomlands for Anchoring Supports to Transport Crude Oil in Line 5 Pipelines in the Straits of Mackinac and Lake Michigan [2RD-DFDK-Y35G], submitted June 29, 2017.
  • FLOW’s Public Comments on the Joint Application of Enbridge Energy to Occupy Great Lakes Bottomlands for Anchoring Supports to Transport Crude Oil in Line 5 Pipelines in The Straits of Mackinac and Lake Michigan [No. 2hb-Vgko-35je], submitted August 25, 2016.
  • Technical Note Regarding Enbridge Line 5 Non-Compliance with 1953 Easement Requirements, A Mechanistic Analysis of Straits Pipeline Washout Phenomena, by Edward E. Timm, PhD, PE, August 20, 2016.
  • Appendices of August 2016: A & B

 

Enbridge’s June 9, 2017, application and public notice can be viewed at:

  • MDEQ website at https://miwaters.deq.state.mi.us/. The public can view the application or submit comments by clicking on the Public Notice Search and entering “Enbridge” in the Applicant Name section or “2RD-DFDK-Y35G” in the Application Number section.

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PDF of Media Release:

Read FLOW's Comments here: