Tag: Public Trust

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

Published on July 2nd, 2014 by - News

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

State’s Perpetual Public Trust Duty to Protect Great Lakes

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

Letter’s Requests to the Governor

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

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

Enbridge’s Track Record

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

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

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

Next Steps

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

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

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

Click here to read the letter to Governor Snyder

Click here to read the Press Release

News Articles

AP News Article 

ABC12 News Article

Detroit News Article 

Toledo News Now Article 

The State News Article

WGVU News Article

Intern Adventures: Courtney Hammer

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

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

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

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

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

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

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

Published on June 19th, 2014 by - News

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

By: Record-Eagle Editor

June 19, 2014

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

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

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

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

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

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

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

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

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

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

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

Record-Eagle: NMC and advocacy group test unity waters

Published on June 17th, 2014 by - News

Jim Olson FLOW

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

By Michael Walton

June 17th, 2014

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

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

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

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

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

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

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

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

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

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

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

Water cut offs in Detroit a violation of human rights

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

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

Maude Barlow Detroit MI Great Lakes

Maude Barlow speaks in Detroit, MI

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

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

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

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

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

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

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

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

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

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

This man wins his elections with huge majorities.

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

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

President Obama must step in.

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

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

Morning Sun: FLOW forum educates on Great Lakes advocacy

Published on May 24th, 2014 by - News

Click here to read the article in the Morning Sun.

By Malachi Barrett

May 24, 2014

Pure Michigan may not be as untainted as one would think.

Environmental advocacy policy organization For Love of Water spoke in front of an assembly of students and faculty members at Alma College recently on the dangers facing the Great Lakes and Michigan watershed.

Climate change, invasive species, polluting contaminants and nutrient runoff are just a few of the issues afflicting one of the most valuable natural resources in America.

The forum discussion was sponsored by students in an Alma College environmental communication course.

Students sponsored the event to facilitate the discussion of projects and issues that they studied over the spring term.

“It is a real pleasure to work with this generation to figure out what motivates people to be passionate about the most important issue, and that is water.” said Liz Kirkwood, FLOW executive director.

The main goal of FLOW is to build public awareness and educate decision makers to provide a framework for governance over the Great Lakes Basin so they are protected for future generations.

“We have a number of issues that are systematic and not easy fixes, one of the most important things that we do is education,” said Allison Voglesong, FLOW Communications Designer.

Kirkwood said FLOW’s understanding of Michigan’s relationship with water is defined by the public trust, an idea that the government is responsible to act as a trustee of water, much like a bank trust protects money, with citizens being the beneficiaries.

Because water is cyclical in nature, protection of surface water connects people to every part of hydrological cycle. The Great Lakes hold 20 percent of the world’s fresh water.

“What happens here affects the Great Lakes, we supply the contaminants that go down and get into the Great Lakes,” said Alma Environmental Studies Professor Murray Borrello.

He cited fish in Lake Huron containing a fire retardant chemical only manufactured in St. Louis, Michigan. He also warned the audience of the dangers of overdrawing water from wells and agricultural waste produced that enters the Great Lakes Basin.

Most dangerous of all to the watershed is hydraulic fracking, a process that maximizes the output of natural gas and oil wells by pumping water and chemicals into formations deep into the ground. Building pressure fractures rock layers that release oil reserves to the surface, at the cost of irrecobly contaminating large amounts of water.

“The greatest danger to Michigan right now is fracking,” said writer Michael Delp. “It takes 22 millon gallons of water to frack a well in Michigan, and the water that they take back out of the ground is full of toxins.”

It is tough for the average person to judge what 22 million gallons of water looks like, so Delp made a conservative comparison to the amount of water dumped by Tahquamenon falls in ten minues. Fracking fluid is composed of 90 percent water by volume, but not even the most advanced filtration systems can remove the .5 percent of chemicals in the composition.

Delp is writer of poetry, fiction and nonfiction who focuses on nature, especially rivers and lakes. He opened the forum with three poems in his character of the “Mad Angler” a persona used to take on a vengeful, uncomprimising stance against the destruction of natural habitats.

FLOW Founder Jim Olson steered the conversation towards legal action. He has been practicing environmental and water law for forty years and has been involved in a variety of state and federal court decisions protecting the public commons.

Olson spoke at length about the need to protect the public trust and keep waters out of the hands of individuals or corporations. He said America has strong public trust laws that have been used by the Supreme Court in the past, but they are often overlooked.

“The free markets wil not exist if theyr are owned by a few at the cost of the commons,” Olson said. “What we’re talking about is saving the markets through decentralization so that young people can be the entrepreneurs of renweable energy, new water techology, conservation, health; the things, ideas and connections we can make to do something about this.”

By Malachi Barrett, mbarrett@michigannewspapers.com @PolarBarrett

Photos: FLOW and Alma College Environmental Communications Class Project

Published on May 23rd, 2014 by - News

2014-05-21 Alma enviro comm and staff photo

FLOW Staff with Dr. Mike Vickery and the students from his Environmental Communications class at Alma College.

2014-05-21 Alma enviro comm lesson board

The students were hard at work brainstorming new ideas and communications tactics for FLOW’s public trust education.

2014-05-21 Alma enviro comm jim present

FLOW had to opportunity to give a public presentation at Alma an had a great discussion on Water, Public Trust, and the Future of our Great Lakes Commons.

OP-ED – Toledo Blade: To restore Lake Erie and the other Great Lakes, cut phosphorus

Published on May 18th, 2014 by - News

Click here to read the article on the Toledo Blade.

May 18, 2014

GUEST EDITORIAL

By Jim Olson

To restore Lake Erie and the other Great Lakes, cut phosphorus

The principle of public trust, and the duties it imposes, can help clean up Lake Erie

One of the most pernicious sources of harm to Lake Erie, and to public use and enjoyment of the lake, is excessive runoff of phosphorous and other nutrients caused by farming practices and a lack of proper sewage treatment.

This condition will only worsen without immediate action. Defining such action as a matter of public trust can help ensure that it occurs.

Exacerbated by climate change, nutrient loading has caused devastating, harmful blooms of algae such as the dead zone that extended over western Lake Erie in 2011, covering an area the size of Rhode Island and Connecticut combined.

These noxious blooms turn the surface and shores of the Great Lakes into a toxic soup — closing beaches and drinking-water plants, killing fish and fishing, marring private property, and discouraging tourism. Such effects strike at the heart of Lake Erie and the other Great Lakes, which contribute immeasurably to the quality of life of the 40 million residents of the lakes region.

Nutrient loading also threatens public health and increases costs to taxpayers. Last year, the city of Toledo had to spend an additional $1 million to treat its drinking water for toxins in algae.

With a sense of urgency, the International Joint Commission — the American-Canadian governing board that is charged with protecting the Great Lakes — issued a recent report on Lake Erie’s ecosystem. It urges both federal governments and the Great Lakes states and provinces to take immediate steps to stop the lake’s toxic plague.

Jim Olson FLOW FounderThe joint commission recommends an immediate cut of nearly 50 percent in phosphorus loading from excessive use of farm fertilizers and municipal sewage overflows, through modifications of current practices. It calls for a fresh legal and policy framework for sharing responsibility and achieving the necessary reduction in phosphorus to restore Lake Erie and renew its beaches, fishing, and other natural advantages.

Specifically, the commission proposes that the affected nations, states, and provinces hold Lake Erie as a “public trust” for their citizens. That framework “would provide the governments with an affirmative obligation to assure that the rights of the public with respect to navigation, fishing, swimming, and the water and ecosystem on which these uses depend are protected and not significantly impaired,” the report says.

The principle of public trust, and the duties it imposes in navigable waters and tributary watersheds, are embedded in the law of the states and provinces on the Great Lakes. In 1892, the U.S. Supreme Court ruled that government has a duty to its citizens to ensure that their use and enjoyment of the lakes are never measurably impaired, now or in the future.

This trust principle provides a benchmark, easy to understand and equally applicable to everyone. That’s a sharp contrast to the layers of rules that have been unable to stop the spread of devastating blooms of toxic algae.

These blooms and toxic dead zones can be prevented. If we continue just to talk, but choose not to take the measures necessary to restore Lake Erie, more beaches will close, commercial fishing will dry up, and tourism, property values, and public use of the lake for recreation and enjoyment will continue to sink.

By contrast, if we choose to follow the joint commission’s public-trust recommendation, our government leaders, stakeholders, and citizens — who are the legal beneficiaries of this trust — will have a strong opportunity to save this magnificent shared resource.

The commission should be commended for its bold leadership in urging public-trust principles for Lake Erie and the other Great Lakes. We should urge our government leaders to apply these principles, to reduce phosphorus pollution, and to restore Lake Erie.

  • Jim Olson is founder and president of FLOW (For Love of Water), a policy organization based in northern Michigan that promotes preservation of the Great Lakes basin.

Summary – Virtual Townhall Webinar on Nutrient Pollution, Harmful Algal Blooms, and Dead Zones in the Great Lakes

Published on May 16th, 2014 by - H2Olson

Click here to view on YouTube.com

FLOW’s May 13th webinar hosted four speakers who provided their insight on nutrient pollution in Lake Erie. We were fortunate to hear from

  • Dr. Don Scavia, professor from the University of Michigan
  • Codi Yeager-Kozacek, correspondent from Circle of Blue
  • Dave Dempsey, member from the International Joint Commission
  • Jim Olson, FLOW Founder, President and Environmental Lawyer

Close to 60 participants tuned in; evident of concern across the Great Lakes Water Basin about the issue of reappearing harmful algal blooms (HABs) and “dead zones” in Lake Erie. Below is a quick summary of the discussion.

Moderator Liz Kirkwood gave an overview of the issues: In the 1960’s, point source nutrient pollution was the root cause of HABs, under the regulations of the Clean Water Act and Great Lakes Water Quality Agreement, it appeared that the crisis was solved by the 1980’s.

University of Michigan Professor Don Scavia gave an overview of the data that indicated the causes of modern HAB emergence: models require an average load input of dissolved reactive phosphorus to be reduced by 78%. Non-point source pollution is now the predominant issue of Lake Erie’s HABs.

Circle of Blue correspondent Codi Yeager-Kozacek reported on the agriculture factors creating the new, emerging HAB problem: Today, farm technology and increased agricultural competition are factors to a different kind of nutrient pollution. Incentives to combat excessive nutrient runoff encourage updating Best Management Practices (BMPs), which today are not mandatory of farmers. The Great Lakes region generates about 15 billion dollars a year agriculturally. With high competition there is too much at stake to assume an unregulated industry will succeed.

Dave Dempsey discussed how the The International Joint Commission (IJC), a binational organization, will resolve disputes about the use and quality of boundary waters between nations. Their recent Lake Erie Ecosystem Priority (LEEP) report provided recommendations on nutrient pollution reduction and referenced FLOW’s Public Trust Framework as a strategy for future protection of Lake Erie.

JIm Olson concluded the webinar with an explanation of FLOW’s Public Trust Principle. With a struggle against time, resolutions must be made that controls further degradation of Lake Erie. The Public Trust Principle is beneficial because it is both flexible and holds states accountable. It allows for future protection considering public opinion and scientific data, while addressing concerns raised by the other presenters.

The webinar stimulated thought and closed out with an engaging Q and A, a few questions below.

Q. Has the information on the need to ramp-up structural BMPs been shared with USDA/NRCS and EPA for consideration under the new GLRI Action Plan being developed now?
A. Yes, information is being shared throughout the region addressing all the variables, not just BMPs. Information they feel is well know, however the time frame is not.

Q. It appears the intensity of agriculture is WAY out spacing technological and political changes, what structures are in place for the political sphere to keep up with the industry?
A. There are structures in place, such as the Clean Water Act, however we still need further reform collectively on what to do. There needs to be new standards for TMDLs and framework through court action that will hold parties responsible. Implementing Public Trust principles will help move this action forward as our current political sphere shows major gaps.

Q. What current political structures are in place to effectuate political change to compel farmers to use strategies such as BMPs?
A. The Farm Bill is the only solid structure as of right now. Nutrient trading may be something to explore in the future, yet it does not address TMDLs directly. There have been successes with it, but the EPA sets limits, and the state also sets their own creating conflict. We can consider modeling off chemical-trading as it has been done with air-trading programs. Wisconsin has a number of test programs in place right now that examine nutrient trading, the problem lies however in finding the right scale to measure based upon each watershed.

Q. How does one get land tenants to change, we need non-farming landowners to implement these BMPs also but where is the incentive?
A. Land use regulation should apply to all, in terms of buffers and structural practices. Watershed groups have the authority to regulate land practices that cause harm to waterways, be they agricultural or not. Landowners will be required to regulate in land use through laws sanctioned and passed by the state. Regardless of their specific practice it will be in the best interest of all to follow BMPs.