Archive
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 …Read More »Line 5 – Public Trust and Risk Management
This is the first in a series of essays by FLOW board member Rick Kane on the vital issues of risk management and the responsibilities of public officials under the public trust doctrine. The issue has special meaning in light of the risks posed by the twin Enbridge pipelines that …Read More »Living Along Enbridge Line 5 in Michigan
If you live anywhere along the route of Enbridge’s Line 5 crude oil and natural gas liquids (NGLs) pipeline, which travels 547 miles across the Upper Peninsula, the Straits of Mackinac, and down through Lower Michigan, you should be asking state and local government officials and emergency responders a lot …Read More »Legal Fact from Legal Fictions
A Preface When I sat down to finish this post this morning on the news about Michigan’s agreement with Enbridge to consider replacing an aging, dangerous Line 5 crude oil pipeline through the Great Lakes basin, I realized that what I should really be writing about is yesterday’s dire warning …Read More »The Public Trust Doctrine Percolates into State Courts, Legislators, and Commissions to Protect Groundwater, Streams, Lakes, Economies and Quality of Life
“Water Justice Flows Like Water.”[1] Law professor Sprout D. Kapua’ala, borrowing from Martin Luther King, Jr.’s I’ve Been to the Mountaintop speech in 1968 (“justice rolling down like waters”), captures decades of conflict over the streams and waters of Hawai’i, siphoned and dried from a century of withdrawals and diversion ditches …Read More »FLOW’s Vision to Address the World Water Crisis
“The water cycle and the life cycle are one” —- Jacques Cousteau A White-Water Trip Down the Currents of the Public Trust Doctrine In ancient times, people knew water and the life cycles were the same. Without water, civilizations collapsed. Rome, with its dependence on water and the spokes …Read More »President Trump’s Executive Order to Industrialize Great Lakes Violates the Public Trust
On June 19, 2018, President Trump issued an Executive Order that declared “the ocean, coastal, and Great Lakes waters of the United States are foundational to economy, security, global competitiveness, and well-being of the United States.” The purpose of this order is three-fold: Facilitate economic growth and industrial use of …Read More »The Public Trust Doctrine and the Implications of the Walker Lake Litigation
FLOW’s organizing principle is the public trust doctrine. What sounds like an exotic concept is quite simple. This centuries-old principle of common law holds that there are some resources, like water and submerged lands, that by their nature cannot be privately owned. Rather, this commons – including the Great Lakes …Read More »Appreciating Our Submerged Lands: Michigan
Submerged Michigan 38,000 square miles. That’s a lot of real estate. In fact, it’s bigger than the square mileage of 12 states — including Indiana, West Virginia and Massachusetts. It’s part of Michigan. It’s a part you and all other citizens of Michigan own. And it’s all underwater, …Read More »Public Trust Perspectives
FLOW’s organizing principle is the public trust doctrine. This centuries-old principle of common law holds that there are some resources, like water and submerged lands, that by their nature cannot be privately owned. Rather, these commons – including the Great Lakes — belongs to the public. And governments, like the State …Read More »Interview with Chris Doyal of the Grand Traverse Bay Underwater Preserve Council
Michigan is the 22nd largest state if you consider only the land within its borders that is above water. But if you add its submerged lands, it’s the 11th largest. Much of the approximately 40,000 square miles of Michigan under water consists of Great Lakes submerged lands, which belong to …Read More »Running Michigan’s Water Into the Ground
FLOW’s organizing principle is the public trust doctrine. What sounds like an exotic concept is quite simple. This centuries-old principle of common law holds that there are some resources, like water and submerged lands that by their nature cannot be privately owned. Rather, these commons – including the Great Lakes — …Read More »Common Water, Public Health, and the Common Good: Just What Does the Term “Public Trust” Mean Anyway?
FLOW’s organizing principle is the public trust doctrine. What sounds like an exotic concept is quite simple. This centuries-old principle of common law holds that there are some resources, like water and submerged lands that by their nature cannot be privately owned. Rather, these commons – including the Great Lakes — …Read More »Violation of the Public Trust: The Time Is Now for Decisive Court Action to Stop the Destruction of Lake Erie from Harmful Algal Blooms
FLOW’s organizing principle is the public trust doctrine. What sounds like an exotic concept is quite simple. This centuries-old principle of common law holds that there are some resources, like water and submerged lands that by their nature cannot be privately owned. Rather, these commons – including the Great Lakes — …Read More »Wisconsin Water Diversion Proposal Flouts Public Trust
FLOW’s organizing principle is the public trust doctrine. What sounds like an exotic concept is quite simple. This centuries-old principle of common law holds that there are some resources, like water and submerged lands that by their nature cannot be privately owned. Rather, these commons – including the Great Lakes — …Read More »Court Charts Path Forward for Generational Commitment to Save Humanity and Earth from Rising Devastating Effects of Climate Change
FLOW’s organizing principle is the public trust doctrine. What sounds like an exotic concept is quite simple. This centuries-old principle of common law holds that there are some resources, like water and submerged lands, that by their nature cannot be privately owned. Rather, these commons – including the Great Lakes …Read More »Public Trust Tuesday: Private Fish Farms in Public Waters
FLOW’s organizing principle is the public trust doctrine. What sounds like an exotic concept is quite simple. This centuries-old principle of common law holds that there are some resources, like water and submerged lands, that by their nature cannot be privately owned. Rather, this commons – including the Great Lakes …Read More »Once More: Line 5 and the Public Trust
FLOW’s organizing principle is the public trust doctrine. What sounds like an exotic concept is quite simple. This centuries-old principle of common law holds that there are some resources, like water and submerged lands, that by their nature cannot be privately owned. Rather, this commons – including the Great Lakes …Read More »Public Trust Tuesday: A Big Win for the Public Trust
FLOW’s organizing principle is the public trust doctrine. What sounds like an exotic concept is quite simple. This centuries-old principle of common law holds that there are some resources, like water and submerged lands, that by their nature cannot be privately owned. Rather, this commons – including the Great Lakes …Read More »Public Trust Tuesday: Shutting Down Line 5
FLOW’s organizing principle is the public trust doctrine. What sounds like an exotic concept is quite simple. This centuries-old principle of common law holds that there are some resources, like water and submerged lands, that by their nature cannot be privately owned. Rather, this commons – including the Great Lakes …Read More »A Holistic View of the Public Trust Doctrine
FLOW’s organizing principle is the public trust doctrine. What sounds like an exotic concept is quite simple. This centuries-old principle of common law holds that there are some resources, like water and submerged lands, that by their nature cannot be privately owned. Rather, this commons – including the Great Lakes …Read More »The Public Trust Doctrine in Action
Editor’s note: FLOW’s organizing principle is the public trust doctrine. What sounds like an exotic concept is quite simple. This centuries-old principle of common law holds that there are some resources, like water and submerged lands, that by their nature cannot be privately owned. Rather, this commons – including the …Read More »Public Trust Tuesday: A Spreading Stain
FLOW’s organizing principle is the public trust doctrine. What sounds like an exotic concept is quite simple. This 1500-year-old principle of common law holds that there are some resources, like water and submerged lands, that by their nature cannot be privately owned. Rather, this commons – including the Great Lakes …Read More »Public Trust and the Story of Water
At the core of its plain meaning, public trust means that future generations depend on us – trust us – to protect the water, air, and land upon which their wellbeing will depend. Public trust principles are enshrined in law. The people who serve in positions of leadership and authority …Read More »Restoring Respect for the Public Trust
FLOW’s organizing principle is the public trust doctrine. What sounds like an exotic concept is quite simple. This 1500-year old principle of common law holds that there are some resources, like water and submerged lands, that by their nature cannot be privately owned. Rather, this commons – like the Great …Read More »
