Author: FLOW Editor

A Unifying Message: Get Involved! Show up! We’re all in this together!

By Dave Dempsey

Today FLOW board member and Green Elk Rapids (GreenER) co-founder Royce Ragland will be inducted into the Michigan Environmental Hall of Fame. The recognition is for a variety of environmental accomplishments, including most recently her work in promoting the Village of Elk Rapids as a statewide environmental leader.

Green Elk Rapids is a volunteer community group under the auspices of the Elk Rapids Village Council. Royce says, “One of our goals is to raise the community’s awareness of environmental concerns and to present Elk Rapids as one of the most environmentally progressive communities in the state.” Typical projects include an annual community recycling day, education on such issues as the environmental impact of single-use plastic bags and straws, collaboration with local schools, educational films, and community hikes. The group has conducted restoration projects, promoted organic food plots at local schools, created community art projects out of recycled material, and regularly supported the progressive environmental efforts of their Department of Public Works.

As Royce wrote for Traverse Magazine in 2017, GreenER members’ vision for the future of their community is to encourage “people to understand the long-term impacts of today’s decisions, and the connections between the local level and beyond, be it water ordinances or climate change.” They take inspiration from guest speaker Josephine Mandamin, First Nations water walker: “Someday water will be more precious than gold. It is your duty to protect it.”

Royce’s nomination also cites her service on the board of directors for the Grand Traverse Regional Land Conservancy from 2004-2015, where she served as a member of their campaign cabinet, which launched an unprecedented $71.4 million land protection campaign in 2018.

“Royce has inspired people of all ages from around the region to act as stewards of the land locally and globally,” the nomination observes. “Royce possesses abundant energy and passion for the ecological health of her community and the larger Great Lakes system.”

Royce has a background in education and training, organizational development and economics. She has a bachelor’s degree in education and graduate degrees in corrections and economics. She has lived on what she terms the “East Coast, West Coast, and Third Coast,” and has been part of the Elk Rapids community for 30 years. She has been active on a number of boards and community groups, particularly Green Elk Rapids and the Elk Rapids village planning commission.  She and her husband Ken Bloem have two grown daughters and two grandchildren.

We asked Royce to chat with us about this honor:

What does induction into the Michigan Environmental Hall of Fame mean to you?

The induction is one of the highlights of my lifelong devotion to our natural environment. I am thrilled to be included with the people who share a reverence and love for our environment, and to share in their company, their dedication, their successes. They are the crowd that inspires me and that I love to be with.

What is the source of your commitment to, and passion for, the environment?

The source of my commitment is my childhood on our family farm in southern Illinois, and the community I grew up with. We were keenly aware of all the elements of nature… the seasons, droughts, floods, rain at the right times.

It was always about the land and the water. Land was our welfare… fields had to be managed, water was precious.

That life nurtured our land ethic, and also a perspective and appreciation for the value of emotional and physical well-being that we need for today. The understanding that nature is good for us, makes us happy, reduces our stress, nurtures our children. Science now supports those things we have always known in our gut. Those values and convictions inspire my support for the groups and individuals who work to preserve those parts of our world.

A special factor was my dad. He served two terms in the Civilian Conservation Corps (CCC) starting as a 14-year-old, using the birth certificate of an older brother. He was influenced by instructors like Aldo Leopold, impressed by their education and farsightedness, and the things they could accomplish. He and my mother passed that reverence to all five of their children. My maternal grandfather was a farmer and my paternal grandfather was a coal miner. Environmental issues of one sort or another were always part of our dinner-time discussions.

That reverence shines in the work our conservancies and water organizations work so hard to promote… “love the land and pass it on”… ”our waters belong to everyone.” All these things give me a deep gratitude for our natural environment, through a thousand associations of the heart.

What do you think of as your most important environmental accomplishment?

Two personal points of pride/accomplishments: Raising our two daughters to be active environmentalists. Locally, making the connections and engagements with my community, steering a community group of volunteers to raise awareness about our environment and promote local stewardship, seeing our efforts gain traction, modeling local cooperation.

In that same vein, working with our village trustees and commissioners, other existing groups, seeing perspectives change.  Creating a vehicle to engage, educate, and talk with each other, working beyond politics to get the job done. 

What is the secret to getting things done to protect the environment?

I think one way to get things done is through local efforts and working with your community wherever and however you can. Making connections and creating engagement. Empathy is vital to understanding other perspectives. Find ways to talk with each other in ways people can hear you, trying to listen, asking for help. Ways that promote civility seems to be a key. Engagements may ultimately be more successful than statistical studies or legal victories when it comes to winning the hearts and minds of our communities, and actually moving forward.

What would you say to young people who are just getting started on environmental issues?

Get involved! Show up! I applaud the recent student protests. I thought it was smart and bold. I would like to see more local engagement and direct push in their everyday life, in the schools, recycling in school cafeterias, composting, promoting solar panels on schools, attending and advocating at council and commission meetings, protesting our state ban on banning single-use plastic bags, etc. Using their influence in their local communities, where people know them, care about them, and take pride in their activities.

Are you hopeful about our environmental future?  Why or why not?

Yes, hopeful, but concerned. I think we need to be very open as to how we engage and make decisions to win hearts and minds on a grand scale, and to send the message that we are all in this together. Gary Raven is quoted in the Washington, D.C., National Museum of the American Indian: “Everything has a spirit and everything is interconnected.”

That is our guide.

FLOW senior advisor Dave Dempsey was, himself, inducted into the Michigan Environmental Hall of Fame in 2014.

Don’t Do It in the River

Photo: A lack of septic regulations can lead to waste in our treasured waters. You wouldn’t “do it in the river,” would you?


By Dave Dempsey

Michigan prides itself on being an environmental leader, particularly in curbing water pollution. But in one area of water policy, Michigan is dead last among the 50 states. It is the only state that lacks a uniform sanitary code requiring periodic inspection and maintenance of septic systems—even though 30% of Michiganders rely on such systems.

The results are devastating to Michigan surface water and groundwater. An estimated 130,000 septic systems in the state are failing, releasing 5.2 billion gallons of sewage annually into Michigan waters. Numerous Michigan rivers and lakes have detectable levels of fecal bacteria. Groundwater, too, is contaminated by septic wastes. And conventional household waste isn’t the only thing polluting our waters. Emerging contaminants like pharmaceutical residues and endocrine disruptors are also found in household wastes. Little monitoring is done to identify these substances in groundwater.

A typical septic system consists of a septic tank and a drainfield, or soil absorption field. The septic tank digests organic matter and separates floatable matter (oils and grease) and solids from the wastewater. Soil-based systems discharge the liquid (known as effluent) from the septic tank into a series of perforated pipes buried in a leach field, chambers, or other special units designed to slowly release the effluent into the soil.

If well maintained, septic systems can handle household liquid wastes effectively.  Unfortunately, many homeowners with septic systems are either unaware of, or unable or unwilling to assure, proper maintenance through pumping and replacement when they fail.

Given the lack of a statewide requirement, some counties and municipalities have adopted local ordinances that generally require inspections of septic systems when property changes hands. Such an ordinance in the Barry-Eaton County health district found 2,566 sites with sewage system failures out of 9,443 sewage system evaluations.

Under pressure from special interests, some local governments are now backing off protecting water resources from failing septic systems. The Barry-Eaton ordinance has been repealed, and Kalkaska County is considering repealing its time-of-sale requirement for septic inspection.

FLOW finds such pollution, and the lack of a state law addressing it, unacceptable.  State legislation to curb this source of water pollution is needed. The Michigan Legislature came close to enacting a law in 2018, but last-minute changes weakening the bill prevented its passage.

If you are concerned about failing septic systems polluting our waters, contact your state representative and senator and ask them to support a statewide law requiring proper maintenance—and keeping this waste out of our waters.

A Mother’s Day Letter to My Children

Dear Ones,

Every Mother’s Day, I take a walk along the lake.

Some years, blue waters mirror blue skies, scattering light across small waves. I find myself stopping a lot on those walks, head tilted toward the sun. I feel it all: warmth, joy, awed gratitude for you three babies who are no longer babies. Of course, there are also many years of strolls in dense fog, icy mist, even a drizzle that turned downpour a full mile from the car. Weather to match seasons of mothering, I’ve decided.

I go to the lake because I want to remember. The waters of Little Traverse Bay hold the seasons of your stories, too, from freshwater baptisms to first solo swims. And while, in truth, I travel this shoreline many times every week, I bring a different kind of intention to Mother’s Day.

This is a walk I take to honor the sacred space between mother, child, and the place we both grew roots. We have shared water for as long as you have existed. In our collective story, however, it is this lake that most defines us. I’ve discovered kinship (and a little fear) with a momma bass protecting her nest. You discovered freedom, venturing deeper and farther from shore as your limbs grew longer and your sense of self, stronger. Together, we’ve experienced the wonder of sipping stars, our hands scooping swaying bits of light in inky black waters. We’ve chased darting minnows, learned to float, found ourselves mesmerized by rippled sand and smooth stones. Together, we’ve become heart-bound to this place, like so many generations before us.

This year on Mother’s Day, I’m going to walk thinking about that word: generations.  As the three of you grow—one an adult, one a teen, and one a pre-teen—I find myself waxing poetic a little less about the mess and fragility of daily life. I still dwell on sweet memories of baby feet lifting quickly from cold water. But mostly, I think about your futures. I imagine the first time you’ll bring your children to this lake. I want it to be a touchstone for you, always.

And because I’m a mom, I also worry.

As much as I’d like to believe Lake Michigan will always run in your veins, I can’t ignore the truth: threats to our Great Lakes—20-percent of Earth’s available fresh surface water, you are always quick to remind me with pride—seem to increase each year. The same is true for the groundwater that flows from our taps and the big stone foundations in town, built wide enough for two, or four, or six people to enjoy at once. We know there are aging pipelines and corporations syphoning away public waters for profit. There are already more than 2,300 contaminated sites with restricted groundwater use in the state. Infrastructure and policy updates are desperately needed. There will continue to be growing pressure on the Great Lakes basin because of climate change.  

It almost feels like too much to combat. Almost.

At a recent Northern Michigan Environmental Action Council awards ceremony, one of our community’s elders, Frank Ettawageshik, talked about what it means to be a “good ancestor.” As wise words tend to do, this phrase stitched itself into my muscles and bones. So too did Frank’s message about doing good work to protect what we love, about thinking seven generations ahead, to ensure the place we leave behind will still thrive for children who’ve yet to be imagined.

To be a good ancestor is a call to action for all mothers, and for those of us who have raised our children alongside these Great Lakes, the echo back is clear: we must be water protectors. We must ensure, my dear ones, the waters of your youth will still be the world’s best reset button when the next generation of crabby toddlers or angsty teens is ready to jump in, dive under.

When I go for my walk this Mother’s Day, I’ll take a little time to float in the memories: the afternoon you skated on the harbor, a thaw and refreeze making a perfect, smooth, blue-green glass ice; the goosebumps on your arms as you begged for one more minute in the bay long past twilight; the holy silence we fall into each time we listen to the aches and groans of shifting ice or lapping waves. I will pause to hold these moments, because they are fuel for the work of protecting what we hold dear.

This is my promise to you: I will never stop learning to be a better steward of freshwater resources. I will invite other mothers and grandmothers to stand up and speak up on behalf of our water. Together, we can educate and empower. We can celebrate the solutions-based work and leadership organizations like FLOW have to offer. We can always make time for one more jump in the lake.

We can be good ancestors.   

With love,

Mom

 

Kate Bassett is FLOW’s development director. She has been a storyteller, community builder, and passionate advocate for the Great Lakes since moving to northern Michigan 18 years ago. As the editor of the Harbor Light News in Harbor Springs for nearly two decades, Kate has worked to connect people, celebrate a sense of place, and create partnerships to improve economic, environmental, and educational collaborations in the region.

Michigan Citizens, Tribe Challenge State Permit for Nestlé’s Water Grab

By Jim Olson

I don’t mean to dampen the joy of spring in Michigan, but amidst headlines over Line 5 and unconscionable groundwater contamination from PFAS, we need to embolden our governor, our state officials, and every citizen who cares about water, justice, and the rule of law to join another battle.

We need to hoist the mast of Michiganders’ most precious resource (if you seek a water wonderland, look about you), and rally to prevent the private encroachment on our public water, health, and our communities. Private landowners have a right to reasonable use of water for the benefit of their land. But reasonable use does not mean robbing large volumes of water from the headwaters of our streams, lakes, and wetlandswater taken for free and sold elsewhere for private gain.

Collaborative effort

As I write this, Ross Hammersley, Rebecca Millican, and Bill Rastetter, lawyers for Michigan Citizens for Water Conservation (MCWC) and the Grand Traverse Band of Ottawa and Chippewa Indians (GTB)are filing legal arguments before a Michigan administrative law judge who will rule on the legality of a permit that would allow a bottled water company—Nestléto sever another 210 million gallons from our watersheds without paying a penny for the privilege to sell our public water.

MCWC, the GTB, and their lawyers need your helpThis is a call to action to prevent the loss of the state’s sovereign water that is supposed to be managed by government for the benefit of citizensIf the state does not honor its paramount responsibility this way, our water and watersheds will be subordinated to private interests. It is up to citizens to join together to make sure our leaders act in the public interest.

“When the tribal signatories to the 1836 Treaty of Washington ceded title to approximately 14 million acres so that the United States could grant statehood to Michigan in 1837, the Tribes (including the Grand Traverse Band of Ottawa and Chippewa Indians) retained inland usufructuary rights to fish, hunt, and gather plants that are property rights protected by the United States Constitution,” explains William Rastetter, tribal attorney for the Grand Traverse Band of Ottawa and Chippewa Indians.

These property rights in the fauna and flora resources dependent upon the Muskegon River tributaries and related wetlands are likely to be impacted by Nestlé’s increased water withdrawal. Because the 1836 Treaty also imposes a duty upon the State of Michigan to preserve habitat upon which treaty-reserved resources are dependent, Governor Whitmer’s administration should be reexamining the 2017 permit issued to Nestlé instead of defending the diminishment of Michigan’s water resources.

A year ago, in 2018, Michigan’s Department of Environmental Quality (DEQ) under the control of the thenGovernor Snyder administration issued another permit to Nestlé, the bottled-water giant, to extract 400 gallons per minute (gpm) or 210 million gallons a year of groundwater that forms the headwaters of two coldblue-ribbon trout streams in northern Michigan. MCWC, the nonprofit organization that won the 9-year court battle against Nestléin 2009, and the Grand Traverse Band, whose tribal treaty fishing and hunting rights are protected by the constitution, filed petitions for contested cases to overturn the permit.

Our members live along the affected creeks and have standing,” writes Peggy Case, president of the MCWC board of directors. Our members statewide are also involved as we connect the dots between the privatization of the water of the commons by Nestlé in Mecosta and Osceola countiesfor profit onlywith the injustice of water shut-offs in Detroit and water poisoning in Flint, all related to attempts to privatize municipal water systems.

The hearing on the permit begins May 20 and we are in major fundraising mode to pay the attorneys for the work to prepare for this hearing. It isof courseour hope that the new Department of Environment, Great Lakes, and Energy (DEGLE) will simpldetermine that the permit was not issued within the requirements of statute and they will withdraw it. It is our contention that none of the three permits for this well were properly issued by the DEQ in accordance to law.

These cases will soon come to trial, and the results will affect all of us. Recently, the administrative law judge accelerated the trial dates by ordering the parties to file written expert testimony, exhibits, and file legal arguments over the legality of the permit. The hearing will conclude in June.

At stake in this case is nothing less than the future of who controls Michigan’s sovereign, public water Why? Because much like the way the former Snyder administration manipulated a now-dubious Line 5 tunnel under the Straits of Mackinac, the Snyder regime granted Nestlé the permit for 210 million gallons a year—by twisting and ignoring the water laws of Michigan that were specifically designed to address the known harms and risks to Michigan’s cold-water streams and wetlands from bottled water operations. If the permit is left to stand, the world will know that Michigan plays fast and loose with its water laws—and the rule of law—and it asks nothing for the taking and sale of its water. If this permit is not overturned, Michigan may as well post an advertisement in Fortunemagazine: “Come and get Michigan’s pure water! It’s free.”

The Price of Water to Citizens and Profit to Private Water Marketers is a Failure of Justice

That’s right; an applicant pays an annual $200 administrative fee and one-time payment of $5,000 to defray DEQ’s expenses incurred when reviewing a bottled-water proposal. The state also charges only a nominal fee for a company in Detroit to tap into its public water supply for a few pennies, bottle it, and sell it at great markup.  Not a penny is paid to the people of Michigan for the privilege to sever and sell the state’s sovereign water. The taste of a multinational water bottler’s excessive profiteering doesn’t sit well when people in Flint reel from the lack of access to watersafe from the risk of lead poisoning, or tens of thousands of people in Detroit continue to suffer the indignity and harm to families and health from water shutoffs because they cannot afford the high price of water to meet their basic needs. The taste of water injustice in Michigan is bitter indeed. 

This Isn’t the First 210 Million Gallon a Year Permit

Before the DEQ issued the permit to Nestlé in 2018, MCWC had already established in the earlier lawsuit against Nestlé in Big Rapids that removing 400 gallons a minute of groundwater near the headwaters of a Michigan stream, wetland, and lake complex causes substantial and unlawful harm. For every gallon Nestlé pumped and piped to the Stanwood bottling plant, the headwaters lost nearly a gallon. It doesn’t take long to understand that,if you remove nearly 400 gallons per minute (gpmor 576,000 gallons a day from the headwaters of a creek that flows at the rate of 1,000 to 2,000 gpm, the flows drop by 20 to 35 percent. When flows drop, water levels drop. When water levels drop, the stream narrows, habitat changes, and the entire ecosystem and riparian and public uses, such as fishing and boating, are impaired. As a rule of thumb, in summer months, these effects can start showing up when the flows in creeks are diminished by even 10 percent.

The lessons learned from the MCWC lawsuit and appellate court decisions are important for the basic questions that will be decided by an administrative law judge and, ultimately, new DEGLE director Liesl Clark. But there’s one differenceafter the first MCWC trial in Big Rapids, Michigan amended the Safe Drinking Water Act (SWDA)  and the Great Lakes Preservation Act (GLPA), which added a water withdrawal law in 2008. Both of these laws contain specific provisions with more stringent standards for bottled water, largely because of what everyone learned in the earlier trial and appellate decisions:

  1. Existing and actual real-time data of flows and levels before and during pumping, and the calculation of the effects from the reduction of flows and levels from pumping groundwater near headwater streams is critical. Without calculations based on existing data of what happens to a stream when pumping occurs at different rates, the effects and impacts cannot be reasonably or accurately predicted and determined;
  2. Computer modeling with input from selected monitoring data of groundwater and stream flows and levels is not reliable without strong correlation to the calculations and effects based on actual existing data;
  3. Pumping groundwater at rates over 125 gpm from headwater areas during the drier summer months significantly reduces stream flows and the levels of streams, wetlands, and lakes, and results in substantial or unreasonable harm;
  4. Pumping at 200 gpm to 400 gpm most anytime during the year will result in similar effects, impairment, and harm.

The Snyder Administration Skipped the Special Bottled Water Permit Required by the SWDA and GLPA

Because of lessons learned through scientific and judicial scrutiny, the SWDA added Section 17 to address pumping for bottled water. A few key provisions require:

  1. If a water withdrawal totals more than 200,000 gallons a day (gpd), the applicant must comply with all of the standards for bottled water in Section 17 and Section 32723 of the GLPA;
  2. The use of existing hydrologic, hydrogeological, and environmental data or conditions to make a “reasonable determination” of harm or violations of all applicable standards in the law;
  3. Compliance with all of the standards in Section 32723, including the requirement of existing data and conditions, determining individual and cumulative impacts, and assuring no violation of riparian and public trust law and rights in a lake or stream; and
  4. No adverse resource impacts, individual and cumulative impacts from previous or nearby withdrawals; and
  5. Compliance with other laws, such as “no impairment” under the Michigan Environmental Protection Act or the “non-diminishment” standard under applicable treaties.

So, why are the MCWC and GTB contested cases before the administrative tribunal? Because we are a country and democracy founded upon the rule of law, and the former administration and Nestlémanipulated and loosely interpreted these laws in favor of Nestlé’s permit for 400 gpm or 576,000 gallons a day.

Here’s what happened:

  • Nestlé had obtained a permit to install a water well for 150 gpm or 216,000 gpd under a different law in 2001, but never placed it in production. After the effective date of the 2008 amendments, in 2009, the company applied for approval of the 2001 well for bottled water under the SWDA. But rather than require the company to submit a full application under Section 17 of the SWDA and Section 32723 of the GLPA, DEQ simply approved the water source. Nestléargued thatthe well was preexisting, but it was not, because it had never been put in production.
  • Then in 2015, Nestléwas allowed to register another 100 gpm, bringing the total to 250 gpm or 360,000 gpd, but under a different section of the law. Once again, DEQ did not require a full application and determination for bottled water production wells totaling more than 200,000 gpd under Sections 17 and 32723.
  • In 2016, Nestlé applied for another 150 gpm, totaling 400 gpm, or 400,000 gpd. And, again, the DEQ allowed the company to register and obtain a permit under a different provision, but did not require an application for bottled water under Sections 17 and 32723.

Three times Nestlé and DEQ missed or avoided the more stringent bottled water requirements under Section 17 of the SWDA and Section 32723 of the GLPA. Three strikes and you’re out, right? WrongIn late fall 2016, Garret Ellison, investigative journalist for the MLive Media Group, discovered a DEQ notice that Nestlé would receive a permit for bottled water under the SWDA. The application and supporting information had never been posted. When it was discovered that Nestlé had never filed any application or obtained any permit under Sections 17 and 32723! Public outcry forced the DEQ to advise Nestlé that it had to submit an application under these sections for bottled water production. Nestlé finallyfor the first time since the 2008 amendments to the SWDA and GLPAsubmitted an application under Sections 17 and 32723 for its bottled water well for 150 to 400 gpm. However, despite thousands of public comments, the public hearing, and scientific and legal reports showing the DEQ and Nestlé had not complied with these laws, the DEQ manipulated and parsed the application into small pieces to avoid the standards and approve the permit.

MCWC and the Grand Traverse Band are heroes for contesting the Nestlé permit. They are calling the Snyder regime’s DEQ on the carpet for turning its back on Michigan’s water laws at a time when Michigan and the Great Lakes are being eyed with envy for its lakes, streams, and groundwater. State officials didn’t follow the law; in fact, they deliberately shaved and relaxed the legal standards in favor of Nestlé so that officials could approve the permit they were going to issue in the first place.

We Have a New Governor, New Director at DEQ (now DEGLE), and New Attorney General

Thank youMCWC and Grand Traverse Band for representing all of the citizens of Michigan and taking government to task for violating our water and Great Lakes laws and the public trust. You deserve our wholehearted support. We have new leaders. Let all of us demand and make sure our new leaders and new DEGLE nullify the Nestlé permit and require full review under the rule of law, not the political marketplace. For more information and to get involved, visit the MCWC’s website www.saveMIwater.org.

Also consider contacting your elected leaders and ask them to take a stand against Nestlé: Governor Gretchen Whitmer, 517-373-3400; attorney general Dana Nessel, 517-335-7622.


Jim Olson, President and Founder

Jim Olson, President and Legal Advisor at FLOW, is a national expert on water and environmental lawOlson represented Michigan Citizens for Conservation court victory that protects Michigan streams, lakes, wetlands, fish, and riparian and public uses from removal of tributary groundwater for bottled water operations.

 

Here’s how the former Michigan DEQ manipulated and parsed the deal.

  • It considered the 2009 and 2015 approvals preexisting, even though they were not applied for or permitted under Sections 17 and 32723. That meant the DEQ didn’t review the 150 gpm and 100 gpm (total of 250 gpm) or determine it was in compliance with the adverse impacts, impairment, and other standards of the bottled water Sections 17 and 32723.
  • It considered and determined to issue the 2018 permit (totaling 400 gpm at that point) as an application for 150 gpm, and confined its impact analysis to the 150 gpm. It also did not consider the cumulative impacts of the previous 250 gpm along with the request for the final 150 gpm (400 gpm or 576,000 gpm total).
  • Then it issued the 2018 permit for 400 gpm in two parts. First, it allowed the 250 gpm based on previous approvals, even though they were not lawfully permitted under Sections 17 and 32723; second, it approved the additional 150 gpm or 400 gpm total with a requirement that Nestlé would submit monitoring and other information to comply with the existing hydrogeological and environmental conditions after the fact—even though the determination is required to be based on existing data and conditions.
  • Finally, despite the clear finding in the MCWC v. Nestlé earlier lawsuit that computer models alone were not reliable, DEQ allowed Nestlé to submit logs of flows, levels, and other measurements it used to fix the boundaries and input in the computer model, but did not require realtime calculations of flows and levels based on complete existing data and conditions to determine the effects and impacts required by Sections 17 and 32723.

A ‘Line 5’ Oil Tunnel Won’t Protect the Great Lakes from Enbridge, Climate Change

Above: FLOW’s Liz Kirkwood speaking in opposition to a proposed oil tunnel in the Straits of Mackinac, during a November 8, 2018, hearing in St. Ignace.


In the world of public relations, there are facts, exaggerations, and untruths. Right now, Enbridge is bombarding the people of Michigan with hazy PR claims that it has safely operated the Line 5 oil pipelines in the open waters of the Straits of Mackinac for the last 66 years.

The Canadian energy pipeline giant, however, conveniently fails to tell the public that it has allowed the pipelines to deteriorate badly, bending and grinding on the lake bottom in the fierce currents. Enbridge also neglects to mention that on April Fools’ Day 2018, Line 5 threatened to dump its oil into the Great Lakes when a tugboat anchor struck, and risked breaching, the underwater pipelines. 

Rather than seizing on this near-disaster to decommission the decaying pipeline infrastructure built in 1953, the Snyder administration instead spent its final eight months in office cementing a private pact with Enbridge. The backroom deal would leave Line 5 vulnerable to another anchor strike or rupture for up to a decade while Enbridge explores the feasibility of building an oil tunnel under the Straits.

Michigan’s new attorney general, Dana Nessel, in late March correctly determined that the tunnel law passed hastily in the waning days of the 2018 lame-duck legislature was unconstitutional. Gov. Gretchen Whitmer later that same day directed all state departments to halt work on tunnel permitting. But Gov. Whitmer’s recent opening of negotiations with Enbridge seeking to speed up the stalled tunnel process contradicts her own directive and circumvents a transparent public process.

Trying to hasten a bad idea won’t make it any better. While seeking to revive Snyder’s 99-year tunnel deal with Enbridge risks undermining Gov. Whitmer’s own goal to combat climate change risks and impacts.

And Enbridge and the former Snyder administration’s claims that the proposed oil tunnel would serve a public purpose by also housing electrical and other utilities is a ruse that masks an enormous risk of explosion, as experts advising FLOW determined in prior research.  

Just today, in fact, an electrical supplier to the Upper Peninsula – American Transmission Company or “ATC” – issued a letter indicating that it has no intention of running its 138,000-volt electric lines through the proposed oil tunnel. “A tunnel of uncertain timing, later in the decade, does not serve the public,” the letter stated. “ATC does not believe that installing high voltage electric lines in close proximity to high pressure oil or gas lines is a good idea.”

It’s never been clearer that Enbridge is pretending there’s a public purpose to their private oil tunnel in order to gain access to the public waters and bottomlands of the Great Lakes. The Great Lakes Submerged Lands Act requires there be a “public purpose,” no impairment or interference with fishing and other public trust uses and rights of citizens and communities, and a showing of no feasible and prudent alternative for transporting Canadian oil back to Canada. The state of Michigan must restore the rule of law and transparency by requiring Enbridge to apply to build a tunnel in the Straits under the law, not negotiate occupancy of public bottomlands behind closed doors.

The real solution to the Line 5 threat must protect the Great Lakes, which define Michigan, drive our economy, and provide drinking water to half the state’s population. Gov. Whitmer must heed her campaign promise to shut down Line 5, while implementing a common-sense backup plan for propane transport in the Upper Peninsula using truck, train, or a small new pipe that doesn’t cross the Straits of Mackinac.

Let’s cut through Enbridge’s PR-fog and get the facts straight. Line 5 is not vital energy infrastructure for Michigan. More than 90 percent of the oil in Line 5 comes from and flows back to Canada.

Not only does Enbridge lack adequate insurance to cover the impacts of a catastrophic spill estimated from $1.87 billion to as much as $45 billion, the company’s oil spill response plan was held to be inadequate in late March by the U.S. District Court for the Eastern District of Michigan.

Liz Kirkwood, Executive Director

Enbridge’s dismal track record is underscored by its 2010 Line 6B Kalamazoo River disaster – known as the largest inland tar sands oil spill in U.S. history – and extends to Line 5, which has leaked in total over a million gallons of oil in Michigan and Wisconsin from at least 33 known spills since 1968.

Infrastructure needs abound in Michigan – ranging from our failing drinking water and wastewater infrastructure to the aging Soo Locks and a long-term clean energy plan for the U.P and the state as a whole.  Let’s shut down Line 5 and create jobs focused on those real needs, instead of protecting Enbridge’s private interest in our public waters.


FLOW Hires Journalists Kate Bassett and Jacob Wheeler

May 2, 2019

Liz Kirkwood, Executive Director                                                                  Email:Liz@FLOWforWater.org
FLOW (For LoveofWater), Traverse City, MI                                                Web: FLOWforWater.org
Office: (231) 944-1568                                                                                    Cell: (570) 872-4956


FLOW (For Love Of Water), a Great Lakes law and policy center based in Traverse City, recently hired two local newspaper editors and passionate environmental stewards to join its growing team of advocates for the Great Lakes and the public trust. Harbor Springs resident Kate Bassett started in March as FLOW’s new Development Director; Leelanau County native Jacob Wheeler started in April as Communications Coordinator. Both work at FLOW part-time.

“It brings me great pleasure to welcome Kate Bassett and Jacob Wheeler to our staff,” said Liz Kirkwood, executive director of FLOW. “Kate already has helped to grow FLOW’s reach, and is an amazing connector with those who love and want to protect the Great Lakes. And Jacob since his first days on the staff has brought insight, focus, videography skills, and a fine writing voice to our website and social media platforms. We are so very fortunate to attract such talented, passionate, and energetic staff to the FLOW team.”

Kate Bassett

Kate has been a storyteller, community builder, and passionate advocate for the Great Lakes since moving to northern Michigan 18 years ago. As the editor of the Harbor Light Newsin Harbor Springs for nearly two decades, Kate has worked to connect people, celebrate a sense of place, and create partnerships to improve economic, environmental, and educational collaborations in the region.

A grassroots organizer at heart, Kate developed programs to raise funds for critical health and human service nonprofits, served as a founder for the Harbor Springs Festival of the Book, and served on numerous boards and advisory councils for area nonprofits before joining FLOW’s staff as Development Director.

“Lake Michigan is my reset button,” says Kate, who always carries a river or lake stone in her pocket. “I find myself pulled to the water almost every day, in every season. Ice songs and deep summer dives—I don’t know the precise moment it happened, but these waters are stitched into my bones.”

Jacob Wheeler

Jacob edits and publishes the Glen Arbor Sun, a seasonal, biweekly newspaper that celebrates and tells stories about Leelanau County’s unique characters and places; he founded the Sun when he was 18, partly as a way to pay for his studies at the University of Michigan. He also teaches journalism and advises the White Pine Press student newspaper staff at Northwestern Michigan College in Traverse City.

Born in Denmark and raised in rural Leelanau County, Jacob holds dual citizenship and (on a good day) speaks four languages. On cold, grey winter days, he sometimes dreams of Guatemala, where he spent his mid-20s, living in a Mayan highland village, learning Spanish, swimming in a volcanic lake, and writing a book about the country’s child adoption industry.

“My favorite ways to experience the Great Lakes include swimming—nine months a year!—in Lake Michigan’s holy waters or running or biking along her shoreline,” said Jacob, for whom the concept of the public trust—as policy, as a community, and as a spiritual rallying cry—resonates deeply.”


With Michigan’s Trout Opener on Tap, An Angler Reflects on Coalition-Building to Protect Coldwater

The Crown Jewel

Saturday is the opening day of the trout fishing season, a high holy holiday to those of us who love to cast a fly in Michigan’s coldwater rivers and streams. I’ll be knee deep in the Holy Waters section of the Au Sable River by 10 a.m. There’s nothing else like it.

These thoughts cause me to look back and ask, “What did it take to reclaim this river, the Crown jewel of Michigan’s trout streams, and what does it take to protect what we have achieved?” The answer is a coalition of conservation and environmental interests, setting aside their competing concerns, and working over the years to achieve what we have now: the number one wild trout fishing destination east of the Mississippi.

And that’s my point: by working closely together, the “hook-and-bullet crowd” and the “tree huggers” can’t be beat on issues that affect our natural resources and environment, especially when it comes to water. If we are divided, we are weaker because of it.

Trout depend on good habitat, a healthy population of aquatic insects, and cold, clear water. The Au Sable depends on abundant wetlands and groundwater to feed the stream with the most stable, cold, and clean water flows in the world. It is unique.

The Grayling Fish Farm

But the river seems to have had a bullseye on it for years. We have dealt with fishing regulations, multiple and conflicting recreational uses, oil and gas drilling (including fracking), water withdrawals, mineral leases, water pollution (including PFAS), land use issues, and a recent invasion of agricultural interests in the form of a flow-through aquaculture facility in Grayling, just upstream from the Holy Waters.

The Grayling Fish Farm fight is a case in point. Crawford County, which owns the old Grayling fish hatchery, leased it to a commercial fish farming operation in return for a promise that the operator would keep the hatchery open during the summer as a tourist attraction. The Michigan Department of Natural Resources illegally signed off on the deal. The Department of Environmental Quality (now Environment, Great Lakes and Energy, or EGLE) granted a pollution discharge permit. The state Department of Agriculture and Rural Development was a big booster, and facilitated the project.

The result: a commercial fish farm which would pollute the river with phosphorus from fish feces and uneaten feed, spread disease to the wild fish, and possibly dilute their gene stock. Supporters included the Farm Bureau, MSU Extension Service, Michigan Sea Grant, former Gov. Snyder’s office, and several powerful legislators.

The Threat Is Now Gone. How?

The Anglers of the Au Sable, along with the Sierra Club, contested the permit and went to court. Experts in the areas of water quality, environmental engineering, fisheries, stream ecology, and recreational economics reviewed the permit. In the legislature, conservation and environmental groups united in their opposition to the expansion of aquaculture into the Great Lakes. These included FLOW, Anglers of the Au Sable, Michigan League of Conversation Voters, Trout Unlimited, Michigan Environmental Council, Michigan United Conservation Clubs, National Wildlife Federation, Michigan Steelhead and Salmon Fishermen’s Association, and others.

We won. The fish farm is gone. We derailed attempts to expand and deregulate aquaculture in Michigan. By operating in this fashion, we had the data and information we needed, and access to both Democrats and Republicans who could make a difference. When conservation and environmental groups are on the same page, we can’t be beat.


Tom Baird, who serves on FLOW’s board of directors, is past president of the Anglers of the Au Sable and chair of the group’s legal and governmental relations committees. Reach him at tbairdo@aol.com.

Read here about FLOW’s efforts to challenge aquaculture proposals in the public waters of the Great Lakes and its tributaries.


Five Years after Switching the Water Source, Flint Remains a Tragedy

Photos by Devon Hains for the White Pine Press (NMC student-run newspaper), March 2016

Five years after the crisis began, some Flint residents don’t trust the water coming from their taps, even though the state has declared it safe. They continue to use bottled water for drinking, bathing, and baptizing their children. Their trust in government long ago washed down the drain.

Where bread lines formed during the Great Depression, bottled water lines formed during the height of Flint’s water crisis in 2015-2016.

“We are five years out, and we’re still not fixed. We still have ongoing issues,” Rev. Monica M. Villareal, a pastor at Salem Lutheran Church on Flint’s north side, told MLive’s Ron Fonger, who was among the first journalists out of the gate to cover the water crisis. “For our residents, we really don’t see the change. I think that in the broader community, there is frustration of not seeing more activity” to improve the water system.

Meanwhile, the state’s emergency manager law that limits power of local government and helped cause the water crisis is still on the books.

Villareal and other leaders held a press conference in front of the Flint Water Plant this morning, after which residents boarded a bus to the State Capitol in Lansing. 

A year ago the state stopped distributing bottled water to residents. In came Nestlé, the international giant that pays $200 per year to the state to suck 210 million gallons of water from mid-Michigan aquifers. Nestlé has scored a cheap PR public relations victory by distributing free bottled water to Flint residents, some of whom still pay more than $100 per month for water they don’t believe is safe to drink.

“The injustice of this situation could not be starker,” said FLOW executive director Liz Kirkwood. “At the same time the people of Flint are forced to drink bottled water, the state has authorized a water grab for $200 a year.”

Though national media look for heroes in the Flint water crisispeople like “Little Miss Flint” Mari Copeny, who was heralded on the TV show Good Morning  Americathe Flint water story remains an ongoing tragedy for most residents – impacting their health, homes, and hearts.

It’s a tragedy that has shone a spotlight on Michigan water issuesfrom drinking water in Flint and Detroit, to Nestlé’s bottled water heist, to the Line 5 oil pipeline under in the Straits of Mackinac.

Here’s a timeline of how the Flint water crisis unfolded:

On April 25, 2014, Flint switched its public water source from the Detroit water system to the Flint River. The move was meant to be temporary. A pipeline was being built to the Karegnondi Water Authority (KWA) which would eventually bring water from Lake Huron. The financially driven move had its roots in an effort by a state-imposed Emergency Manager to save money for the financially troubled city. Switching to the KWA was projected to save the region $200 million over 25 years.

Though the Flint River had a reputation of being less than clean, officials sought to reassure the public.

“It’s regular, good, pure drinking water, and it’s right in our backyard,”  said Mayor Dayne Walling. “This is the first step in the right direction for Flint, and we take this monumental step forward in controlling the future of our community’s most precious resource.”

In the ensuing five years, that decision has generated headlines worldwide as having poisoned an American cityone that’s majority black and where 40 percent of people live in poverty. Thirteen Flint residents have died of Legionnaire’s disease allegedly linked to the untreated water that corroded pipes and leached lead into the drinking water in people’s homes. Thousands of children were exposed to toxic lead levels: the effects on their brain development won’t be fully known for years.

Flint residents complained almost immediately of putrid yellow water in their drinking and bathing water that tasted toxic, burned their skin, and caused headaches. Detections of E. coli and coliform bacteria prompted the city to issue a boil water advisory and to increase chlorine levels. Six months after the water switch, the local General Motors auto plant announced it would stop using Flint River water, fearing corrosion in its machines.

But hamstrung by their fealty to an Emergency Manager appointed by Michigan Gov. Rick Snyder, the city’s response to the crisis was tragically late. The state’s response was tardier later still. A year after the watch switch, the Michigan Department of Environmental Quality (MDEQ) notified the U.S. Environmental Protection Agency that “the city did not have corrosion control treatment in place at the Flint Water Treatment Plant.” On July 13, 201515 months after the crisis beganMDEQ spokesman Brad Wurfel told Michigan Radio “anyone who is concerned about lead in the drinking water in Flint can relax.”

It wasn’t until September 2015 that drinking water expert Dr. Marc Edwards and his Virginia Tech students drove a van to Flint on behalf of concerned residents and detected “some of the worst (lead levels) that I have seen in more than 25 years working in the field.” MDEQ’s Wurfel dismissed Edwards’ findings. Later that month Hurley Medical Center’s Dr. Mona Hanna-Attisha went with public with news that the percentage of Flint children with elevated lead levels in their blood surged after the water switch. Her research was also dismissed by the MDEQ.

Flint finally issued a lead advisory on Sept. 25, 2015. Snyder’s chief of staff responded that “some in Flint are taking the very sensitive issue of children’s exposure to lead and trying to turn it into a political football …” On Oct. 16, Flint switched back to the Detroit water supplier, but the damage to residents’ pipes, and to the drinking water supply was already done. 

On Dec. 14, 2015 (nearly 20 months after the crisis began), newly elected Flint mayor Karen Weaver declared a state of emergency. MDEQ officials resigned by the end of the month, and in January 2016, Snyder finally issued a state of emergency for Genesee County. Snyder testified before U.S. Congress in February but sought to deflect criticism toward local and federal agencies and not just his own state officials.

Five years after the Flint water crisis began, some residents don’t trust tap water anywhere, even when they travel outside of their city. Ebonie Gipson told MLive’s Fonger about ignoring a glass of water that was presented to her recently during a meal out of state. She left it untouched.

“For me, it really clicked that I just didn’t trust drinking water any more, no matter where I was,” said Gipson. “You don’t even realize it has impacted you for so long. To this day, I still have to coach myself and say it’s OK.” 

Reflecting on Earth Day 1970 in Michigan and the Origin of the State’s Environmental Movement

Above: Poster for the ENACT (Environmental Action for Survival) Earth Day Teach-In on the University of Michigan – Ann Arbor campus in March 1970.


“Man has so severely despoiled his natural environment that serious concern exists for his survival…What began as an idea and a desire to do something about saving our environment by a small study group has now mushroomed into an officially recognized organization with nearly 200 members.”

— From the newsletter of ENACT (ENvironmental ACTion for Survival), University of Michigan, Nov. 19-28, 1969

The public concern awakened in 1962 by Rachel Carson’s Silent Spring had deepened with news of the exploding world population and declining wildlife species like bald eagles, which plummeted to just 82 pairs in Michigan during the 1960s after DDT exposure thinned their eggshells. As pollution darkened skies and choked rivers, many new activists drew a link between environmental problems and threats to the survival of the human race. The new movement of environmentalists suddenly became a major force in Michigan during the late 1960s and early 1970s.

Jane Elder, who worked for the Michigan chapter of the Sierra Club in the 1970s, said, “I and many others of the new environmental movement came of political age during the closing scenes of Viet Nam and the crest of civil rights. We knew we could change the world, and saving the environment was part of that agenda. We saw a generation of activists stop a war. Our motivations were driven in part by collective vision and passion, not the inside game.”

The Pioneering Work of Joan Wolfe in Michigan

One of the most effective of the new advocates was a bird-lover, mother, and volunteer, Joan Wolfe of Rockford, north of Grand Rapids. Born in Detroit in 1929, Wolfe grew up in Highland Park with parents who contributed considerable time to community affairs. Her mother was president of the local hospital auxiliary and of the Girl Scout Council; her father was president of the Highland Park school board and of the state chapter of the American Institute of Real Estate Appraisers. By contrast, her husband Willard had no family tradition of community activism, but had become an active fly fisherman. In his childhood living on the Detroit River at Grosse Ile just before World War II, he had seen “tremendous weed growth” and stayed out of the polluted water, but hadn’t then made broader observations about the condition of the outdoors. He was delighted to find trout in the Rogue River, which wound through the Rockford area, when the Wolfes moved there in the late 1950s. But the same stream was also fouled by effluent from the Wolverine Tannery and a paper mill. “There was no outcry,” Will Wolfe said in 1999. “It was still too close to the Depression. The problem was too close to the bread and butter of the community.”

Soon both of the Wolfes would become activists. In the early 1960s, Joan Wolfe became president of the Grand Rapids Audubon Club. In that position she tried to call the attention of Audubon members to issues that connected bird conservation to larger trends such as habitat loss and pesticide use.

A fire on the Cuyahoga River at Cleveland in July 1969 helped galvanize public sentiment for Earth Day the following year. A fire also erupted on the Rouge River in southeast Michigan in October 1969, alarming the public and inspiring calls for tougher environmental laws.

Her most important work began in 1966. Working with 11 sponsoring organizations, Joan Wolfe coordinated an all-day seminar that October at the Fountain Street Church in Grand Rapids to educate the community about problems facing the local, state, and national environment. It was one of the biggest events of its kind in that era, attracting over 500 people, half of them college students. Officials of the state conservation and public health departments spoke on the need for better sewage systems and the dangers of persistent chemicals, but others addressed threats caused by growing population and a social attitude that science could fix any natural resource problem. Dr. Howard Tanner of Michigan State University’s Department of Natural Resources said the predicted U.S. population of 400 million in the year 2000 posed special challenges, adding, “if we don’t put a level on our population and give thought to its distribution, we’re just stupid. There’s no other word for it.” Merrill L. Petoskey, assistant manager of the Southern Michigan Region of the department of conservation, called humankind “too reckless and too greedy. It’s almost past time when we can repair the damage we have caused.” 

The process of planning the seminar had resulted in general agreement among the sponsoring organizations that the community needed a coordinating organization. In February 1968, Joan Wolfe pulled together a dinner of Grand Rapids community leaders to ask their support for something she was calling the West Michigan Council on Environmental Action. The roster of the meeting was extensive and impressive.  Paid for by the Dyer-Ives Foundation, the dinner was attended by representatives of the local League of Women Voters, the West Michigan Tourist Association, the local Garden Club, the Anti-Pollution Committee of the utility workers local union, the Isaac Walton League, the Grand Rapids Press and WOOD-TV, the president of Grand Valley State College, and other dignitaries.

The group agreed on the need for a council of organizations and individuals who would work together on environmental causes, and they signed up to support it.  At the new council’s first meeting the following month, Wolfe was named president. The council grew quickly to include 45 organizations and more than 400 individuals. The organization also launched its issues work quickly, speaking at numerous hearings held by government agencies. An official of the state water resources commission exclaimed at a public hearing in 1968, “This is the first time we’ve heard from the grass roots.”

Gaylord Nelson Takes It National

U.S. Senator Gaylord Nelson of Wisconsin had proposed a national environmental “teach-in” on college campuses to be held in April, urging that it become an opportunity for learning about the nation’s and world’s grave environmental problems. Fueled by campus activism, the teach-ins evolved into Earth Day and stunned skeptics. An estimated 10,000 schools, 2,000 colleges and universities, and almost every community in the nation participated in events to celebrate and clean-up the environment. Cars were banned for two hours on Fifth Avenue in New York City. The U.S. Congress adjourned for Earth Day so that members could attend teach-ins in their districts.

All three major TV networks covered the events around the country. A geology student attending Albion College, Walter Pomeroy, appeared on a CBS-TV prime-time special on April 22, Earth Day: A Question of Survival, hosted by Walter Cronkite. In contrast to protests on other campuses that Cronkite called sometimes “frivolous,” the Albion activities Pomeroy organized included the cleanup of a vacant lot to create a small urban park.

Albion called itself “Manufacturing City U.S.A.,” CBS reported, and not all its foundries had installed air pollution control equipment. But Pomeroy told reporter Hughes Rudd that he had arranged meetings with the local polluters to promote dialogue.  “We were afraid,” he said, “that if we picketed the factories, it would actually turn the community against us.” The special showed Pomeroy’s fellow students jumping up and down on the non-aluminum cans they’d collected in the cleanup, making them easier to return to the manufacturer with a message that it should switch to recyclable materials. Michigan television stations also broadcast specials in the season of Earth Day. WOOD-TV in Grand Rapids broadcast a series, Our Poisoned World, detailing serious local air, water, and noise pollution, and the problem of garbage disposal.

Michigan One of the Hotbeds of Earth Day Action

At a five-day teach-in on the University of Michigan campus in Ann Arbor in March, in which an estimated 50,000 persons participated, Victor Yannacone, who in 1967 had filed the Environmental Defense Fund lawsuits to stop the spraying of DDT and dieldrin, spoke on use of the courts to halt pollution. He told students, “This land is your land.  It doesn’t belong to Ford, General Motors, or Chrysler…it doesn’t belong to any soulless corporation.  It belongs to you and me.” A new student group called ENACT organized the week’s events, which included an “Environmental Scream-Out,” a tour of local pollution sites, music by popular singer Gordon Lightfoot, and speeches by entertainer Arthur Godfrey, scientist Barry Commoner, consumer advocate Ralph Nader, and Senators Nelson and Edward Muskie of Maine.

Business Week magazine said the Ann Arbor event had attracted the greatest turnout of any teach-in to that date.  Noting that President Richard Nixon and college administrators hoped environmental issues would turn students away from Vietnam War protests, the magazine fretted that it appeared “the struggle for clean air and water is producing as many radicals as the war.  And if the rhetoric at Michigan is any guide, business will bear the brunt of criticism.”

Action Took Different Forms on Different Campuses

Tom Bailey, a Marquette high school student, worked with students at Northern Michigan University to plan Earth Day activities.  One was a “flush-in.” Students flushed fluorescent dye tablets down dorm toilets at a synchronized moment in an effort to prove that sewage was directly discharging into Lake Superior. 

Events like these not only attracted the attention of the press, but also gave future environmental professionals their first major public exposure. Bailey later worked for the state Department of Natural Resources, as had his father, and became executive director of the Little Traverse Conservancy. One of ENACT’s founders on the University of Michigan campus, John Turner, later became director of the U.S. Fish and Wildlife Service.  Doug Scott, a graduate student active in ENACT’s teach-in planning, moved on to the national staff of the Wilderness Society and the Sierra Club.

Student concern and action did not stop on Earth Day. Walt Pomeroy of Albion College contacted activists on other campuses who agreed the next logical step was the formation of a student lobby for the environment.  Described as “lobbyists in blue jeans” by one newspaper, the new Michigan Student Environmental Confederation received a surprisingly warm welcome from some in the Capitol.

“Soon we made friends in the legislature on both sides of the aisle,” said Pomeroy in 1999. “We learned a day at a time. And since we were in the Capitol almost every day, our network of friends and supporters expanded from just student groups to a diversity of community, environmental and sportsmen groups. Legislative priorities turned into victories…We started an environmental organization with a good cause, not much financial support and worked with the sportsmen and other environmental groups. We created the path – the opportunity – for others to also organize environmental groups and hire staff. None had existed solely to focus on state environmental legislative policies prior to the creation of MSEC. Many followed and are now part of the accepted political landscape in Lansing and throughout Michigan.”


About the Author:

Dave Dempsey, Senior Advisor

FLOW Senior Advisor Dave Dempsey has 35 years’ experience in environmental policy. He served as environmental advisor to former Michigan Governor James Blanchard and as policy advisor on the staff of the International Joint Commission. He has also provided policy support to the Michigan Environmental Council and Clean Water Action. He has authored several books on the Great Lakes and water protection.

This article has been edited and excerpted from Dave Dempsey’s book, Ruin and Recovery: Michigan’s Rise as a Conservation Leader.


FLOW’s Statement on Negotiations Between Gov. Whitmer and Enbridge on Line 5 Tunnel, Pipeline

FOR IMMEDIATE RELEASE:                                                                                              April 17, 2019

Liz Kirkwood, Executive Director                                                                 Email: Liz@FLOWforWater.org
Office: (231) 944-1568                                                                                     Cell: (570) 872-4956

Jim Olson, President, Cell: 231-499-8831                                                   Email: olson@envlaw.com
FLOW (For Love of Water), Traverse City, MI                                           Web: www.FLOWforWater.org


FLOW Statement on Negotiations Between Gov. Whitmer and Enbridge on Line 5 Tunnel, Pipeline


Traverse City, Mich. –  FLOW (For Love of Water) issued the following statement on the disclosure that Gov. Gretchen Whitmer and Enbridge Energy will discuss expediting construction of an oil tunnel beneath the Straits of Mackinac while the company’s troubled Line 5 pipelines continue operation in the Straits:

“We are concerned about this development. Every day that the Line 5 pipelines continue to operate is a risk to our precious Great Lakes,” said FLOW executive director Liz Kirkwood. “State government’s efforts should first and foremost be devoted to shutting the pipeline down, not negotiating its continued operation while a tunnel is explored and possibly built.

“Now that the Governor has chosen to engage in this process, we hope and trust it will be a transparent one. It is unfortunate that her predecessor engaged in secret talks on agreements with Enbridge, and the lame-duck Legislature was so eager to benefit Enbridge that it passed a sloppy statute that the Attorney General ruled unconstitutional. We are confident this Governor will operate differently,” Kirkwood said.

“We are also hopeful that the Governor will restore and apply the rule of law to Enbridge’s operations in the Straits. Any easement or lease of Great Lakes bottomlands and any private control for a 99-year tunnel by a private company like Enbridge for a private operation must be authorized under the Great Lakes Submerged Lands Act (GLSLA),” said Jim Olson, President of FLOW.

“The GLSLA ensures a public review, analysis, participation, and a determination under standards that protect the public trust in the waters of the Great Lakes and the soils beneath them from privatization and impairment. It also ensures a thorough evaluation of feasible and prudent alternatives, including ones that do not involve use or control of the Great Lakes. No agreement between the executive branch and a private company can override this fundamental law,” Olson said.