Author: FLOW Editor

Michigan Courts Can Enforce a Township’s Responsibility to Remedy Widespread Septic System Failures

Worth Township photo courtesy of the Times Herald

By Janet Meissner Pritchard, FLOW interim legal director

Whose job is it to stop widespread pollution from failing septic systems?

Michigan remains the only state without statewide regulations governing the inspection of septic systems, leaving the job of protecting waters from septic systems to local governments. A 2012 decision of the Michigan Supreme Court makes clear that, in the face of widespread septic system failures in a region, Michigan courts can nevertheless step in to require a local government to comply with its duty to protect the waters of the state from sewage contamination when the local government has failed to do so.

In DEQ v. Worth Township, the Court held that a municipality can be held liable for, and is required to prevent, sewage discharge that originates within its borders, even when the discharge is from private septic systems. In this case, the Department of Environmental Quality (DEQ)—now called the Department of Energy, Great Lakes and Environment (EGLE)—filed suit against Worth Township under Part 31 of the Natural Resources and Environmental Protection Act (NREPA), which provides for water resources protection. The Township is located in Sanilac County, just north of Sarnia in the thumb of Michigan’s lower peninsula.

Worth Township did not have a municipal sewerage system. Instead, private septic systems handled sewage waste. Surveys of water quality conducted by DEQ in 2003, 2006, and 2008 revealed and made known to the Township that surface waters were contaminated with both fecal coliform and E. coli bacteria from raw sewage of human origin, and that conditions were progressively worsening.

The source of the contamination was due to the widespread failure of old, undersized septic systems on private properties located within the Township along the shore of Lake Huron. Oversaturated drain fields caused raw sewage to be directed into ditches and streams leading into the lake. As a result of this contamination, this section of Lake Huron was included in Michigan’s list of impaired waters. 

Based on the initial testing done by DEQ, the state agency and the Township in 2004 entered into an agreement wherein the Township agreed to construct a municipal sewerage system by 2008. The Township did not construct such a system, citing lack of funds. DEQ filed suit, seeking injunctive relief under part 31 of NREPA, MCL 324.3101 et seq. to compel the Township to take measures to prevent the discharge of raw sewage into the waters of the state. The trial court found in favor of DEQ and ordered the Township to pay a $60,000 fine and attorney fees and to take corrective measures.

While the order did not specifically require the Township to install a municipal sewerage system to remedy the widespread failure of private septic systems, the parties agreed that the most practical and comprehensive method for restraining the discharge would be to construct a sewerage system. The Court of Appeals reversed the order, holding that a municipality cannot be required to prevent the discharge of sewage from private properties. DEQ, in turn, appealed to Michigan’s Supreme Court.

The state Supreme Court ruled that a municipality can be required to prevent the discharge of raw sewage that originates from within its borders, even when that sewage is discharged by private parties onto private property, and not by the municipality itself. The Court’s reasoning turned on its interpretation of MCL 324.3109, which sets forth the statutory framework regarding violations of NREPA involving unlawful discharges into state waters. MCL324.3109(2) provides specific language with regard to violations by governmental entities: “discharge of any raw sewage … directly or indirectly, into any of the waters of the state shall be considered prima facie evidence of a violation of this part by the municipality in which the discharge originated unless the discharge is permitted by an order or rule of [DEQ].”

The Court reasoned that the phrase “shall be considered prima facie evidence of a violation of this part by the municipality in which the discharge originated” is at the core of the dispute. The Court of Appeals had interpreted this phrase to mean that, when raw sewage originating within the municipality’s borders is discharged into state waters, this statutory language creates a rebuttable presumption that the municipality itself discharged the sewage and, if the municipality proves that it did not cause the discharge, it avoids responsibility.

But, applying several standard rules of statutory interpretation, the Supreme Court rejected the Appellate Court’s reasoning and instead determined that the Legislature intended to place responsibility for a discharge of raw sewage on the municipality in which the discharge originated and to give that municipality the burden of showing that the discharged raw sewage does not rise to the “is or may become injurious” standard in order to avoid being subject to penalties or orders for injunctive relief, as provided for in MCL 324.3115.    

The Worth case not only clarifies that Michigan law places responsibility for sewage discharges into state waters on local municipalities, it also demonstrates that Michigan courts are able and willing to order injunctive relief to enforce the duty of a municipality to prevent such discharges. 

Following the Supreme Court’s decision in Worth, in 2014 the Michigan legislature modified MCL 324.3109 to provide that a municipality is not liable for sewage discharge where the discharge is from three or fewer private septic systems. While this amendment limits a municipality’s strict liability where the problem emanates from just a few septic systems, it does nothing to overrule the reasoning of the Court in Worth or the application of the Court’s holding in cases where the failure of septic systems is widespread, as was the situation in Worth Township. 

Worth is not the only Michigan township to experience widespread failure of septic systems.  As highlighted at the Michigan Septic Summit convened by FLOW in November 2019, an estimated 130,000 septic systems are leaking E. coli and other pollutants into Michigan groundwater, lakes, and streams. The Worth case clarifies that municipalities have a legal duty to take corrective measures to prevent these discharges but, in fact, some local governments are weakening their oversight of septic systems rather than strengthening them.  

Meanwhile, in Worth Township, following the Court’s order, the Township built a municipal sewerage system. By October 2019, the system was ready for residents throughout the Township to hook up to the new system.  

As argued by many participants at FLOW’s septic summit, the state legislature should enact a statewide sanitary code to protect the paramount public interest in groundwater and surface waters, setting environmentally protective standards for inspection and maintenance of on-site sewage (septic) systems, as every other state has done. The Worth case demonstrates, however, that even in the absence of state law authorizing EGLE to enforce state standards for septic systems, the regulatory agency can turn to state courts to enforce municipalities’ responsibilities to protect against the discharge of human sewage to state waters under existing state law, just as DEQ did in Worth.

The same kind of claims can also be brought against municipalities by private citizens or organizations, through a private right of action under the Michigan Environmental Protection Act (MEPA). The Attorney General could also prosecute a claim of public nuisance against a responsible municipality, as referenced in MCL 324.3109(6). 

In some cases, stronger oversight and maintenance of existing private septic systems will be sufficient to remedy the problem. But sometimes, particularly in regions becoming more densely populated, drain fields to which private septic systems direct sewage waste can become oversaturated and contaminate state waters. In such cases, as in Worth Township, building a municipal sewerage system may be the most practical and comprehensive method for restraining the discharge. Building a municipal sewerage system is a substantial and expensive undertaking. To help financially constrained municipalities undertake such remedies, Michigan must find ways to fill its funding shortfall to meet the state’s water infrastructure needs. An amount of between $800 million to $1 billion is needed each year to address the state’s water infrastructure needs.

Different solutions may be required for different circumstances. Solutions could include a strong septic system ordinance or code, more frequent and stricter inspections of private septic systems, or the installation of a new sewerage system. But the Michigan Supreme Court’s decision in Worth makes one thing clear: If municipalities do not step up to address failing septic systems, they might have to answer for it in court.

Who Owns the Water? Glen Arbor Arts Center, FLOW Hold Student Art Exhibition

Applications are available for the Glen Arbor Arts Center’s (GAAC) 2020 student exhibition, Who Owns The Water? This themed, juried exhibition takes place April 7-May 1, and is open to students in grades 9-12, attending schools in Benzie, Grand Traverse and Leelanau counties. The deadline for online submissions is March 4. Three cash prizes will be awarded.

Applicants are challenged to come up with a visual response to the exhibition’s titular question: Who owns the water? The exhibition is open to 2D and 3D media. A prospectus and application are both online, at the Glen Arbor Arts Center’s website.

“Student voices have been some of the most powerful, and the most articulate in the contemporary struggle to protect, conserve and preserve the natural world,” said GAAC gallery manager Sarah Bearup-Neal.

Students often think fearlessly and presciently about issues that send adults into a state of slow-mo inaction. As a culture, we need to hear from these young citizens, and listen to their thoughts and ideas. That’s the driving belief behind the Who Owns The Water? exhibition. It’s an open invitation to all high school students to weigh in on that essential question, and really tell us—and, using the visual arts, show us—what they think and feel.”

FLOW is a collaborator on this exhibition. Our new “Art Meets Water” initiative highlights examples of the heart-felt creativity that inspires us to fight for our public waters. “We all know that water is the source of the future,” says Leelanau County poet, playwright and paddleboarder Anne-Marie Oomen. “But it’s also a part of our souls and our spirits.”

An opening reception for Who Owns the Water? will be held at the Glen Arbor Arts Center on April 8 from 4-6 p.m.

As part of the Who Owns The Water? exhibition, the GAAC will also host the Fresh Water Poetry Throwdown on April 19. Any high school student can participate by reading an original poem—free verse, conventional verse, slam verse or otherwise—about water.

Read more about this event at the GAAC website. There is no charge to participate in the Fresh Water Poetry Throwdown, but poets must pre-register by Friday, April 3, for one of the 20 available slots. To pre-register, call the GAAC at 231-334-6112.

Wanted: a Government That Acts Like an Adult and Cleans Up its Mess

Gov. Whitmer’s State of the Union response: standing up for the Great Lakes and environment

The Trump Administration has attacked longstanding U.S. environmental policy head-on. The unprecedented rollback of environmental protections during the past three years puts Michigan, the Great Lakes, and the entire nation at great risk.

Case in point: the recent rollback of federal clean water protections threatens water quality in wetlands and streams across the mitten state. “Clean water is a basic need,” Laura Rubin, director of the Healing Our Waters—Great Lakes Coalition told Bridge Magazine in response. “I am astounded that you would even think about rolling back regulations when you still have people in Michigan that don’t have clean drinking water. We need more—not less—protection for clean water.”

The National Environmental Policy Act—nicknamed the “Magna Carta” of American environmental law—which former President Richard Nixon signed into law on Jan. 1, 1970, is also under threat. This CNN report chronicles Trump’s attacks on the environment.

Michigan Governor Gretchen Whitmer was given a prime opportunity to provide a bold, optimistic alternative to Trump’s war on the environment when she delivered the Democratic Party’s response to the State of the Union address on Tuesday night, Feb. 4.

She highlighted the efforts of young people who are standing up for the environment and other progressive policies:

Democracy takes action and that’s why I’m so inspired by young people. They respond to mass shootings, demanding policies that make schools safer. They react to a world that’s literally on fire with fire in their bellies to push leaders to finally take action on climate change. They take on a road filled with potholes with a shovel and some dirt. It’s what gives me great confidence in our future and it’s why sometimes it feels like they’re the adults in the room. But it shouldn’t have to be that way. It’s not their mess to clean up, it’s ours.”

As the leader of our Great Lakes state, and the protector of our lakes, streams, air, and groundwater, FLOW applauds Whitmer for standing up for the 1.5 million workers whose jobs are directly tied to the health of the Great Lakes. We encourage Whitmer to call for a Great Lakes platform to protect our drinking water, public health, jobs and quality of life.

During her State of the State address last week, Whitmer initially alluded to critical issues including drinking water, climate change, PFAS, record-high Great Lakes water levels, and “their impact on tourism, agriculture and infrastructure”. She suggested that she will make big announcements in the weeks ahead.

FLOW would like to hear her talk more about how state and federal government can protect water and the environment.

Surveys show overwhelming bipartisan support for the protection of air, water, public lands, and natural resources—an essential function of government. 

FLOW’s environmental economics work over the past year makes the economic, legal and moral case for government’s role in protecting the environment and aims to reset the public narrative on environmental policy. Our “Resetting Expectations” briefs by former FLOW board chair Skip Pruss trace the history of environmental regulation since 1970, and illustrate how environmental policies protect individuals, families, and communities while fostering innovation and economic gains.

FLOW Calls for Strong, Protective Drinking Water Standards for “Forever Chemicals”

Meeting a January 31 deadline for public comment, FLOW urged state officials to adopt standards protecting the health of Michigan residents from PFAS chemicals detected in drinking water supplies serving 1.9 million residents.

FLOW also appreciates the 42 people who responded to a FLOW alert and submitted their own PFAS comments to the state.

Joining a broad coalition of environmental, public health and grassroots citizen organizations, FLOW told the state Department of Environment, Great Lakes and Energy (EGLE) to adopt the proposed science-based standards. They would put Michigan among the leading states moving ahead to protect residents from these long-lasting toxic chemicals.

“It is imperative for Michigan to promulgate the proposed rules as soon as practicable,” FLOW wrote. “Testing continues to turn up new sites of PFAS contamination in Michigan, many of them exposing citizens to substantial health risks. Federal rules are likely years away and may not provide the level of protection that the people of Michigan want and need for public health and the environment. We applaud Governor Whitmer and the Michigan Department of Environment, Great Lakes and Energy (EGLE) for your initiative to address the problem head-on.”

David Long, head of Environmental Solutions LLC, wrote last week in a blog post on FLOW’s website, “Studies show evidence of adverse health effects from exposure to PFAS chemicals. PFAS chemicals persist in the body for a long time and can accumulate. In laboratory animals, researchers found that PFOA and PFOS can cause reproductive, developmental, liver, kidney, and immunological effects.

“Consistently elevated cholesterol levels have been found in people with detectable levels of PFOA or PFOS. Lower infant birth weights, immune system effects, cancer (PFOA), and thyroid disruption (PFOS) have also been associated, albeit less frequently, with PFOA or PFOS.”

In addition to supporting the general outline of the standards, FLOW urged EGLE to:

  • Require a review of the rules in two years to take into account emerging science;
  • Require frequent monitoring of public water supplies to learn more about seasonal patterns and sources of PFAS;
  • Strengthen protection of infants and children.

Governor Whitmer has said she hopes the rules can be made final by summer.

The State of Governor Whitmer’s State of the State Message

By Dave Dempsey

Early in each new year, the Governor of Michigan sets forth a policy agenda for the Legislature and the state as a whole. This year, Governor Gretchen Whitmer delivers her State of the State message on the evening of Wednesday, January 29.

Whitmer will inevitably tackle roads, jobs, infrastructure, education, and Michigan’s economic prosperity, but the environment must be a key part of her speech.

Whitmer would do well to emulate her predecessor Gov. William Milliken, who 50 years ago gave a 1970 State of the State speech that fought environmental degradation and deregulation and called for dramatic changes in state policy to better protect the air, water, land, fish and wildlife. The 1970 legislative session resulted in the Michigan Environmental Protection Act, the Natural Rivers Act, the Great Lakes Shorelands Act and more.

Environmental, natural resources and public health policies are a critical part of Michigan’s policy needs. Governor Whitmer has an important opportunity to move the state forward by outlining bold steps for the state to take to assure safe and affordable drinking water for all; assure our water remains public and is not captured by private commercial interests for profit; protect rivers, lakes and habitat; and promote solutions to the climate crisis.

(Whitmer will appear on an even bigger stage on Tuesday, February 4, when she delivers a Democratic response to the State of the Union address.)

Here are issues for Michigan citizens to listen for that FLOW urges the Governor to cover in her State of the State message:

FLOW’s State of the State Agenda

FLOW believes the Governor should:

Bring Line 5 Pipelines Under the Rule of Law:

• Direct that Enbridge obtain authorization under the Great Lakes Submerged Lands Act (GLSLA) and public trust law for the new 2018 tunnel easement and long-term private control of the Straits of Mackinac for the tunnel and existing Line 5.

• Nullify, revoke, and/or terminate the 1953 easement to use the lakebed at the Straits under which Enbridge operates Line 5 for violation of public trust law, and the rule of law under the GLSLA.

Address the Climate Crisis:

• Issue an executive order setting state renewable energy and decarbonization targets and methods to achieve them.

• Direct a study of the future impacts of climate change to the Great Lakes, identifying measures to promote adaptation and resiliency.

Provide Safe, Clean, Affordable Water for All:

• Support legislation and policy that declares and protects the paramount public interest in the State’s water and the individual’s right and access to safe, clean, affordable water and prevents water shutoffs.

Stop Septic System Pollution:

• Call for the Legislature to enact a statewide sanitary code to protect the paramount public interest in groundwater and surface waters, setting environmentally protective standards for inspection and maintenance of on-site sewage (septic) systems.

Prevent Great Lakes Exports:

• As Chair of the Great Lakes Compact Council, call for revision of Compact procedures to prevent unlawful diversions and exports, and establish a framework to address impacts on waters of the Basin from the effects of climate change.

Invest in the Protection of State’s Water and Water Infrastructure:

• Support a funding mechanism or mechanisms, including conservation, efficiency, and innovative user fees, to close the huge gap between water infrastructure needs and available funds, and coordinate the funding mechanism with the right to water, health, and affordability.

Make Polluters Pay:

• Hold polluters rather than taxpayers accountable for contamination cleanup costs, and restore standards that require cleanup rather than containment of toxic pollutants from the waters of our State.

Dave Dempsey, FLOW’s senior policy adviser, wrote the award-winning biography William G. Milliken: Michigan’s Passionate Moderate (University of Michigan Press, 2006).

Delivering an Environmentally-strong State of the State—the Milliken Way

By Dave Dempsey

As the 1970s began, Michigan’s environment was scarred by decades of pollution and natural resource exploitation. But public opinion here, as across the nation, was crystallizing around dramatic changes in law and policy, making 1970 a milestone in United States environmental history.

Sensing the mood, Michigan Governor William Milliken outlined a sweeping attack on environmental degradation in both his annual State of the State address on January 15, 1970, and a special message to the Legislature solely on environmental issues, on January 22, 1970. “Milliken Urges War on Pollution,” read a Detroit Free Press headline.

Governor Gretchen Whitmer’s State of the State message on January 29 of this year—50 years later—provides an opportunity for her to follow in the Milliken tradition.

“We can’t have prosperity at the expense of posterity,” Milliken told the Legislature in January 1970. “And that is what we are doing—threatening posterity—when we make sewers of our rivers, cesspools of our lakes, and litter of our landscapes.”

Milliken’s proposals included several that became law later in 1970, and some that are still just proposals. The Legislature would approve Milliken’s proposals for a Great Lakes Shorelands act, tougher regulation of solid waste disposal, and more protective air and water pollution standards. Milliken’s call for tougher environmental enforcement instead of reliance on voluntary compliance by polluters was a change in state policy.

But the governor’s proposal to regulate what he called the “blight” of billboard pollution failed to get legislative approval.

Still. it was an auspicious beginning to a year of environmental change. And before it was over, the Legislature would send to Milliken a few historic ideas of its own.

Follow our year-long timeline in 2020 of the 50-year anniversary of the 1970 “Year of the Environment”.

Dave Dempsey, FLOW’s senior policy adviser, wrote the award-winning biography William G. Milliken: Michigan’s Passionate Moderate (University of Michigan Press, 2006).

A memorial service for Governor Milliken—who passed away on October 18, 2019—will be held in May 2020. The Milliken family has asked that donations in his memory and in support of his environmental legacy be made to FLOW and the Detroit Riverfront Conservancy.

Billions of Taxpayer Dollars and 2 Billion Gallons a Year of Great Lakes Water Don’t Mix with Private Corporate Profits and Promises

Revisiting the Foxconn Great Lakes Water Diversion in Wisconsin

By Jim Olson

Last summer I wrote about a Wisconsin administrative judge’s ruling that the diversion of 7 million gallons a minute — or 2 billion gallons of Great Lakes water per year — to the private corporation Foxconn to build a 22 million square-foot plant for 13,000 jobs should not qualify as a “public water supply”.

FLOW filed an amicus brief in the case, arguing in support of Wisconsin citizens and organizations that the Foxconn diversion was not exempt from the Great Lakes Compact, because it did not constitute a public water supply. Under the Compact and Wisconsin law, public water supply means “primarily residential” customers. To ensure a public service and purpose, the law and anti-diversion Compact are quite clear: If it’s not for many people who live in a straddling community but outside the basin, the water of the Great Lakes cannot be diverted. The law is also clear that it cannot be diverted for private purposes.

What happened in the Foxconn case was politics, plain and simple. Former Wisconsin Governor Scott Walker teamed up with the Taiwanese multinational electronics manufacturing company to commit $3 billion and 2 billion gallons of Great Lakes water for Foxconn’s promise of a 22 million square-foot facility and 13,000 jobs. Every business has to plan and decide for itself whether to build, finance, and operate an expansion. But 2018 was an election year, and Walker dangled everything he could to stir excitement for Wisconsin’s citizens. He rode the promises of Foxconn for tax base and jobs. Walker, a Republican, lost to now Governor Tony Evers, a Democrat. Foxconn didn’t uphold its part of the bargain with Walker. The company has downsized its facility to 1 million square feet, will offer a small fraction of the jobs, and will need much less water.

But no one has asked the real question: What do taxes, jobs, and transferring billions of gallons of Great Lakes water outside the Basin have to do with public water supply? What does this have to do with public services or public purpose? The answer is nothing.

The question now is: What is Governor Evers and Wisconsin citizens, and those of us in the Great Lakes Basin going to do about it? Under Scott Walker, Wisconsin bent the law and the Compact, but the new administration hasn’t done anything to remedy that. It’s time to take off the rose-colored glasses and protect the waters of the Great Lakes from becoming a subsidy and reservoir for private corporations outside the Basin.

“I Have a Dream that Our Water Will Be Protected as a Commons Under the Public Trust Doctrine”

FLOW founder and president Jim Olson delivered the following remarks — inspired by Dr. Martin Luther King Jr’s “I Have a Dream” speech — on January 12 at the Unitarian Universalist Congregation of Grand Traverse.

By Jim Olson

I had a dream in 2009 and 2010. I had a dream to bring the public trust doctrine into the debate over the battle for control of our world’s water commons and what to do about the challenge to halt its destruction and control by private corporations in an increasingly intense world water crisis.

This dream grew out of the legal battle here in Michigan over the privatization of water and damage to our headwater creeks, lakes, and wetlands by Nestlé. For the first time, corporations like Nestlé sought to convert what all understood as a right to reasonably use water, to the sale of water. This was, in effect, an unprecedented massive scale of the privatization of the commons in water for exorbitant profits without paying anything. Nestlé and other corporations around the world (check out the World Water Forum) wanted to take over the public’s sovereign water—which, if it succeeded, would make every person and living being on the planet its slave.

I had a dream that our water commons would be protected by the framework and principles of the public trust doctrine—an ancient doctrine dating from days of Justinian in Rome, 1,500 year ago. The public trust doctrine puts our commons and the fundamental relationship of water to life paramount to all else, meaning it must be protected from one generation to the next. The public trust doctrine would transform us to protect the gift of water first, which in turn would sustain and foster and assure access to clean, safe water for all humanity, all living beings on this planet. Thus was born FLOW (For Love of Water).

Today, that dream is a reality because of the dedication, help, and support of many people who understand that at this time in history we cannot afford to view the natural world, especially our common water, as apart from us. It is a common gift from the creation. It preceded the human mind. The human mind is a tool, not an end in itself. If we honor this dream of the public trust in the water commons as part of our own beings, paramount to all life, we will then defeat our human desire to control, at short gain, and convert everything it can to profit, at tremendous cost to all life, the natural world, the hydrosphere itself.

I have a dream that this commons will be protected by this public trust doctrine, which many of you who have followed FLOW have heard us speak about and apply to the challenges we face here in the Great Lakes. This dream started centuries ago.

I have a dream that this commons and public trust, buried like an underground stream beneath the industrialization and capitalization of the planet in the past 200 years, will resurface and become central to our understanding and protection of the integrity of water as paramount, intrinsic in its own beingness. It will become part of our everyday life. We will then understand that if we do not protect water and all life as a commons under public trust principles, that private property and the accumulation of massive capital and wealth really has no value of all.

I have a dream that we understand that the hydrosphere itself is a being in a sense, a living water cycle in which we live will be seen as a commons.

I have a dream that this commons in the hydrosphere and the beings and life it supports are protected by the public trust doctrine, that government and personal decisions will put the commons and life first, as a primary public purpose, and that government and personal decisions must assure the protection of water from impairment from one generation to the next.

I have a dream that this will lead to dignity and respect for others and water. By following this paramount public trust framework, we and government will make very good decisions about water, health, land use, food, energy, environment, and economy.

I have a dream that if this public trust framework is not followed, that people will remove those in power by their voice, their hearts, their votes, or protest. If necessary, they will file lawsuits to stop the tyranny of private corporate control of our water commons, our health, drinking water, sustenance for life, that this will halt the tyranny of climate change, the tyranny of fires and death in Australia, California, around the world, the tyranny of massive storms, flooding, landslides.

I have a dream that this commons and public trust will stop the tyranny of the shutoff of water for more than 100,000 people in Detroit and across this world. I have a dream that there will be no water shutoffs for any person, child, or grandparent on this earth, because they don’t have the ability to pay for water.

I have a dream that this public trust and protection of the water commons will stop the destruction of lives like the exposure to lead of children and citizens of Flint or other cities and towns.

I have a dream that this public trust doctrine will assure that water is always public, that we will preserve water and treat it with dignity for all.

I have a dream that this public trust will assure that this water is a generational commons and public trust, serving all on earth for generations to come.

I have a dream that it will apply to and honor all people.

I have a dream that people will understand that we are a relationship to water, that the public trust doctrine does not just protect the water, it protects all life; that it protects the relationship between people and life.

I have a dream that if we understand this relationship between beings and life, we can protect our Great Lakes like Lake Erie, one-third of which is a green toxic soup, and our groundwater from toxins that should never be tolerated in the water we drink or use for food and bathing.

I have a dream that we understood that this water commons is us, and that in the future because of this, we will come to a peace on this earth—a peace that was created and continues in the relationship between the commons and us when the earth was formed, when we entered this earth, however that happened.

I have a dream that we can move forward together to accomplish the protection of water as commons and public trust because we come to understand that is what’s in our hearts.

Thank you.

Watch the full video below (Jim Olson begins speaking at 40:12).

“I Have a Dream that the Climate Crisis Awakens our Common Purpose”

Former FLOW board chair Skip Pruss delivered the following remarks — inspired by Dr. Martin Luther King Jr’s “I Have a Dream” speech — on January 12 at the Unitarian Universalist Congregation of Grand Traverse.

By Skip Pruss

I have a dream where the urgency of the climate crisis becomes a unifying force, enabling all to recognize our mutual interests and independencies, and awakening the best within us to common purpose.

I have a dream that we realize that we cannot burn our way to a better world; that we, forthwith, enable a historic transformation to carbon free energy sources where energy producing technologies like wind and solar work with nature and not against it; and where infinite nature-based resources displace oil, gas and coal — which are finite and ecologically and climatically toxic.

I have a dream that government will someday soon be wise enough to account fully for the economic and ecological costs of activities that affect the planet when formulating and implementing public policy. And that government will recognize the value of maintaining the functionality, vitality, and resilience of natural systems.

I have a dream that we recognize the fragility and complexity of the biosphere and that we finally have the political will and wisdom to embrace the “precautionary principle” and enact laws informed by science, and policy informed by deeper knowledge and circumspection.

I have a dream that decisions will be made based upon how they will affect our children and future generations and that we recognize the importance of intergenerational equity and fully embrace the adage, “We do not inherit the earth from our ancestors. We borrow it from our children.”

Lastly, I have a dream where we all embrace an ethic of respect for all living things and a conscious appreciation of the gifts that nature provides; that the earth’s biodiversity and abundant resources are appreciated for the multiple benefits and ecological services they provide; and that we will garner the wisdom and the will to cherish the natural world, repair what we have broken, and begin to restore what we have lost.

Watch the full video below (Skip Pruss begins speaking at 27:30):

Speak Up About PFAS, the “Forever Chemicals” in Michigan’s Drinking Water

Michigan residents have an opportunity until Friday, January 31, to speak up and defend our families and public drinking water from a group of chemicals known collectively as PFAS — also called “forever chemicals” because they persist in the environment and are known to be in the water supply of at least 1.9 million Michiganders.

(To comment, email EGLE-PFAS-RuleMaking@Michigan.gov or mail your comment to: Drinking Water and Environmental Health Division / Michigan Department of Environment, Great Lakes, and Energy / Attention: Suzann Ruch / PO Box 30817 / Lansing, Michigan 48909-8311)

What are the “Forever Chemicals”?

By Dave Long, Environmental Sustainability Solutions, LLC

PFOA and PFOS have been in the news lately, but what are they? PFOA and PFOS are fluorinated organic chemicals that are part of a larger group of chemicals referred to as perfluoroalkyl substances (PFASs). PFOA (perfluorooctanoic acid) and PFOS (perfluorooctane sulfonic acid) have been the most extensively produced and studied of these chemicals. They have been used in the manufacturing of carpets, clothing, fabrics for furniture, paper packaging for food and for non-stick surfaces for cookware. These chemicals provide water repellency and resistance to grease and stains to fabric.  Consumers often know them as Scotchgard® and Teflon®. They are also used for firefighting at airports, chemical plants and for industrial fires.

These groups of man-made chemicals called per- and polyfluoroalkyl substances (PFAS) have been around since the 1940s, making our lives easier through non-stick surfaces, stain-resistant and water repellent products. Between 2000 and 2002, PFOS was voluntarily phased out of production in the U.S. by its primary manufacturers, 3M and DuPont. In 2006, eight major companies voluntarily agreed to phase out their global production of PFOA and PFOA-related chemicals, although there are a limited number of current uses.

All that convenience comes at a price because PFOA does not break down and can accumulate over time in the environment and in your body. Recently PFOA and PFOS have been called the “Forever Chemicals.” Researchers have compelling evidence that exposure to some PFAS can cause adverse health effects.

In Michigan, PFAS chemicals have been found in many water supplies around Fort Grayling, in the city of Ann Arbor, and around several industrial sites. Currently the State of Michigan is working on setting a standard for drinking water to protect residents of the state. The U.S. Environmental Protection Agency issued health advisory levels of 70 parts per trillion (ppt) for two of these chemicals, PFOS and PFOA (perfluorooctane sulfonic acid and perfluorooctanoic acid, respectively).

Studies show evidence of adverse health effects from exposure to PFAS chemicals. PFAS chemicals persist in the body for a long time and can accumulate. In laboratory animals, researchers found that PFOA and PFOS can cause reproductive, developmental, liver, kidney, and immunological effects.

Consistently elevated cholesterol levels have been found in people with detectable levels of PFOA or PFOS. Lower infant birth weights, immune system effects, cancer (PFOA), and thyroid disruption (PFOS) have also been associated, albeit less frequently, with PFOA or PFOS.

The good news is there are filters designed to remove PFAS chemicals from water, either tap water or from municipal water supplies. Specific ion exchange resins have been developed and tested. Highly selective ion exchange resins for PFAS chemicals remove PFOS or PFOA below the EPA Health Advisory (HA) levels of 70 parts per trillion (ppt).