Tag: Tunnel

It’s Time for the State of Michigan to Put Protection of our Great Lakes and Citizens First


Almost three years ago, with the release of Michigan Petroleum Pipeline Task Force’s report on July 14, 2015, Attorney General Bill Schuette announced that the days of Line 5 were numbered. The public also believed that the State of Michigan planned to seek two independent studies on Line 5 to evaluate risk and alternatives.

It’s been over 1,000 days and despite plenty of distracting PR, Attorney General Schuette, the Governor, and the State of Michigan have done virtually nothing to make Line 5 in the Straits of Mackinac safer from a catastrophic oil spill.

Over these 1,000-plus days, while the debate has raged on with an incomplete alternatives study and a back door deal between the Governor and Enbridge, Line 5 has:

  • lost its protective pipeline coating in over 80 locations;
  • suffered more cracking and corrosion, and even dents from an anchor strike in three locations; and
  • continued to violate its legal occupancy agreement with the State of Michigan because it is shifting dangerously on the bottomlands. 

Designed to last for only 50 years, Line 5 is now 65 years old and continues to pump 23 million gallons of oil every day from Canada and back into Canada using the Great Lakes as a high-risk shortcut. And there is no end in sight.

On April 1 of this year, the unthinkable happened; a tugboat anchor struck and dented Line 5 in three locations. Miraculously, Line 5 did not rupture, but the emergency response to transmission cables ruptured by the anchor underscored how difficult if not impossible cleaning up toxic oils and fluids can be in the wild currents of the Straits.

Enbridge is delighted that the conversation has now shifted to the option of a tunnel to replace the failing pipeline. It is the perfect distraction. It drags public attention into the weeds of whether or not constructing a tunnel is feasible from a highly technical perspective. And it steers the public, Michigan lawmakers and leaders, and candidates away from asking the right questions:

  • What is the State of Michigan as a trustee of the public interest doing right now to protect and defend the Great Lakes against the most dangerous pipeline in American?
  • How does Line 5 actually benefit Michigan’s current and future energy needs?
  • What are the feasible and most prudent alternatives to transporting oil that do not threaten the Straits of Mackinac and the 245 other water crossings in Michigan also protected by the state’s public trust duty?
  • Why is Enbridge in charge of investigating the feasibility of a tunnel when the state demanded an independent review?

Make no mistake: a conversation about a tunnel is folly and it fails to meet our state government’s legal obligation to put the public interest ahead of Enbridge’s pure profit. Dutch water expert Henk Ovink observed “If we only respond to the past, we will only get answers that fit the past.” This is exactly where we are as Enbridge tries to hijack the Line 5 conversation and bring the tunnel option center stage.  

Liz Kirkwood, Executive Director

We must demand that our leaders ask the right questions and seek truthful answers. Right now, the State of Michigan can revoke the Line 5 public trust easement and ensure protection of our drinking water, economy, fishing, and way of life.

Line 5 is a Great Lakes issue, a Michigan issue that affects us all. This is not about which side of the aisle you stand on. Rather, Line 5 is about our future and our children’s future, and they will never forgive our elected leaders if Line 5 ruptures on our watch.

Water unites us. Let’s let the decommissioning of Line 5 do the same.


Media Release: Proposed “Line 5” Tunnel Under the Mackinac Straits Ignores Looming Disaster


Protecting the Common Waters of the Great Lakes Basin
Through Public Trust Solutions

FOR IMMEDIATE RELEASE
Liz Kirkwood, Executive Director
FLOW (For Love of Water)
Office: (231) 944-1568
Cell: (570) 872-4956

 

 

Friday, June 15, 2018
Email: Liz@FLOWforWater.org
Web:  www.FLOWforWater.org

Proposed “Line 5” Oil Pipeline Tunnel Under the Mackinac Straits Ignores Looming Disaster,
Locks in Decades of Risk

Enbridge’s Snyder-commissioned tunnel report released today is a dead-end 
for the
Great Lakes and Pure Michigan economy

A Canadian oil transport company would be assured billions of dollars in more profit, while the Great Lakes and Michigan’s tourist economy would face decades of more risk of an oil spill disaster from a new Line 5 pipeline tunnel or trench under the Mackinac Straits, as envisioned in a self-serving report released today by Line 5-owner Enbridge and commissioned by Gov. Rick Snyder.

“Citizens and leaders in Michigan agree that you wouldn’t approve an oil pipeline like Line 5 today given the extraordinary risk to our globally unique Great Lakes,” said FLOW Executive Director Liz Kirkwood, an environmental attorney and a co-leader of the Oil & Water Don’t Mix campaign seeking to shut down Line 5. “In a time of water shortages and changing climate in this century, it doesn’t make sense to even contemplate constructing Canadian oil pipelines in a tunnel under the world’s largest supply of fresh surface water.”

Spending up to a decade building a tunnel also would do nothing to address the immediate threat posed by the decaying, 65-year-old Line 5 oil pipelines in the open waters of the Mackinac Straits. Enbridge’s oil pipelines in the Straits are bent, cracked, gouged and dented by an anchor, scraped bare of their protective coating in places, and encrusted with corrosion-causing invasive mussels. Line 5 has exceeded its life expectancy and is more than two decades older than Enbridge’s pipeline that ruptured and dumped a million gallons of heavy tar sands oil into the Kalamazoo River watershed in 2010.

A Line 5 oil spill in the Mackinac Straits could deliver a blow of more than $6 billion to Michigan’s economy from damage to natural resources, tourism, coastal property values, commercial fishing, and municipal water systems, according to a recent study by a Michigan State University economist commissioned by FLOW.

“The only way to prevent an environmental and economic catastrophe from a Great Lakes oil spill is to shut down Line 5 now,” said FLOW Senior Advisor Dave Dempsey. “Gov. Snyder and Attorney General Schuette have a legal duty to place protection of the public’s waters above the private pursuit of profit.”

Gov. Snyder so far has ignored the overwhelming call from citizens, businesses, and communities to shut down Line 5 and pursue alternatives such as sending the oil through other existing pipelines with excess capacity owned by Enbridge and its competitors. A recent poll showed that most Michigan voters wanted Line 5 shut down. Options for supplying propane to the Upper Peninsula also should be studied and implemented, including use of truck, rail, or a small, new pipeline.

Instead, Gov. Snyder’s tunnel vision bypasses his own Pipeline Safety Advisory Board, favors a Canadian company that has repeatedly misrepresented the safety and integrity of the pipeline, and raises legal, environmental, and other issues that he thus far has failed to address as his tenure as governor nears an end. Key concerns about tunneling or trenching oil pipelines beneath the Mackinac Straits include:

  1. A Canadian tunnel under the Mackinac Straits is not permissible under Michigan’s Great Lakes Submerged Lands Act (GLSLA), common law public trust doctrine, and would violate the 1836 Treaty with Michigan Tribes protecting the Straits fishing grounds. These protections are meant to safeguard the Great Lakes. State officials must enforce them, and Enbridge can’t ignore them. One such protection requires Enbridge to prove that there are no other alternatives to Line 5 or the Straits, when in fact other alternatives exist.

  2. Building a tunnel under the Mackinac Straits ignores the risk Line 5 poses to the other 245 water crossings, including ones that are direct tributaries of Lakes Michigan, Superior, and Huron. A tunnel in the Straits would do nothing to protect those Michigan and Great Lakes waterways from a Line 5 spill. The only effective way to eliminate an oil spill threat to the rest of our Great Lakes is to actually stop oil flowing through the Straits.

  3. Climate change demands immediate, coordinated state, regional, and national energy policies that promote the expansion of renewable energies. By locking in continued investment in fossil fuel infrastructure like Line 5, the Governor would unilaterally undermine the economic benefit to Michiganders of the job-producing clean energy revolution spreading across North America.

  4. A tunnel option would effectively give Enbridge the green light to expand its North American tar sands operations here in the heart of the Great Lakes. How? Even though Line 5 currently does not transport heavy tar sands under the State of Michigan’s 2015 ban, Enbridge could seek a court order to lift this ban and transport tar sands in Line 5.

  5. Talk of building a tunnel is a distraction from the immediate and ongoing threat of a catastrophic multibillion-dollar oil spill. Aside from monumental legal and engineering challenges, building a tunnel demands years of construction and disruption to the region’s economy from tourism to fishing, according to the state’s alternatives report on Line 5.

  6. A tunnel is no gift to Michiganders. We know that all pipelines – even in tunnels – have an inherent risk of spills in their operations. In fact, since 1968, Line 5 has leaked at least 29 times on land, spilling over 1.1 million gallons of oil into Michigan’s pristine lands and waters. The risk of having a spill cannot be completely engineered away because of the ever-present potential for human error contributing to, or causing, a spill event. Moreover, a Line 5 oil tunnel that also carries natural gas liquids—which Enbridge advocates—creates a new hazard for the Great Lakes—extremely flammable materials that under some conditions in a confined space such as a tunnel can be explosive. 

  7. Oil pipelines do not belong in our Great Lakes given the magnitude of harm and unacceptable risk they pose to our public waters, our economy, and our way of life. 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. Let’s do the smart thing, work together to find reliable long-term energy solutions for Michigan, and shut down Line 5 before it’s too late.

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Tilting at Tunnels and a Brighter Tomorrow

As a native Michigander and optimist, I’ve always welcomed the first day of winter as a harbinger of longer, hopefully sunnier days just over the horizon. But I was recently reminded by a friend that, of course, the winter solstice that occurred Thursday at 11:28 a.m. Eastern Standard Time, actually marks the shortest day and longest night in the Northern Hemisphere.

So depending on the tilt of your perspective, the solstice is cause for deepening dread, a condition aptly summed up as “SAD,” or relative hope: There’s scientific evidence to suggest that without the tilt of the earth’s axis, we might not be here at all.

As we at FLOW take stock of our shared efforts in 2017 to prioritize and protect the Great Lakes and look ahead to challenges and opportunities to come in the new year, consider this dichotomy related to the battle to shut down the decaying Line 5 oil pipelines in the Mackinac Straits that suggest from my viewpoint that Great Lakes protectors are growing stronger and there indeed are brighter days ahead.

First the Dark: In October, Enbridge admitted misleading both Michigan and federal officials on the condition of its Line 5 oil pipelines for over three years, concealing the existence of at least 48 bare metal spots and/or coating gaps near anchor locations in the straits.

Then in late November, Michigan Governor Rick Snyder bypassed his own advisory board and announced his sweetheart, backroom deal with Enbridge to tilt the search for alternatives to a looming Great Lakes oil spill disaster toward a tunnel under the Mackinac Straits. Gov. Snyder, however, inadvertently lit a spark under those who recognize that the drinking water supply for half of all Michiganders is no place for oil pipelines.

Then the Firelight: FLOW Executive Director Liz Kirkwood correctly called it a “reward for failure” for bumbling Enbridge. The governor’s spurned advisory board found its voice in early December and passed resolutions, in part, calling for an amendment to the deal to require the temporary shutdown of Line 5 until there has been the full inspection of and repair of the coating breaches and urging the state to conduct a much more robust assessment of alternatives to Line 5.

Apparently preferring a rubber-stamp board, Gov. Snyder was quick to dismiss his advisors, saying, “I’m not sure I view that as a regular meeting in terms of that resolution.” But the public was buoyed by the board’s backbone, with hundreds of outraged residents turning out and piping up in public meetings in Taylor, St. Ignace, and Traverse City to object to the governor’s deal and support a shutdown.

Meanwhile, members of the growing Great Lakes Business Network sharpened their questioning of why the state would allow – even promote – a Canadian pipeline company’s business model that rakes in profit by threatening to torpedo the Pure Michigan economy. And the Oil & Water Don’t Mix campaign co-led by FLOW, tribes, and several other stewardship groups scheduled a Shut Down Line 5! Snyder/Schuette Accountability Rally for noon Thursday, with dozens of people expected to carry the torch for shutting down Line 5 on what would otherwise be the darkest day and give a final push for public comment that ends Friday on the state’s flawed alternatives analysis.

More Illumination in 2018: Stay tuned in early 2018 when the campaign will release its detailed plan to decommission Line 5 while ensuring propane still flows to the Upper Peninsula and Michigan’s other energy needs are met. FLOW’s technical advisors have done some of that decommissioning groundwork, as summarized in fact sheets here and here.

In addition, Michigan Technilogical University will lead a Line 5 risk study in 2018. The Snyder-Enbridge deal calls for completion of the Line 5 review process by August 15, when the state is expected to make a final decision to replace the pipelines or shut them down.

Shining Brighter Together: For FLOW, the broader context is that the Great Lakes belong to all of us, so all of us who love and benefit from these magnificent waters must share in the vital task of helping protect them.

That’s why we work so hard to educate the public and ensure these freshwater inland seas remain and become even more drinkable, fishable, and swimmable for generations to come. Together we must understand the risks facing our Great Lakes and very way of life so that we can pursue real solutions rooted in the public trust. And one very real solution is for the state of Michigan to shut down Line 5.  

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Kelly Thayer, FLOW Contributor