“The statutory deadline for removing this case to federal court passed over two years ago,” said Zach Welcker, Legal Director at FLOW, the Great Lakes law and policy center based in Traverse City. “Enbridge is making a frivolous argument that a federal court’s recent jurisdictional ruling in a separate case should give it another bite at the apple, but the apple is long gone as a matter of civil procedure.”
As anyone who knows Terry Swier could attest, it was her clear-sighted commitment to principle and her conviction, grounded like the roots of an oak tree deep in the soil with branches wide in the sky, that stood behind Michigan Citizens for Water Conservation’s victory over Nestlé. “Who owns the water?” Terry asked, something she would keep asking for the next 20 years. Not Perrier or Nestlé. It belonged to the public.
“I’m thrilled to be surrounded by all of this water and humbled by the opportunity to keep it public and protected for all,” says Zach Welcker, FLOW’s first full-time legal director, who is responsible for building on FLOW’s legal power, policy acumen, and partnerships—especially among tribes, conservation groups, frontline communities, justice organizations, and scientists—to ensure the waters of the Great Lakes Basin are healthy, public, and protected for all.
FLOW’s 10th anniversary in 2021 was more than an opportunity for celebration and reflection. It was also a year of significant progress in our work to strengthen protection of the waters of Michigan and the Great Lakes, using the public trust doctrine as a powerful tool. In July, we hit an organizational milestone when we hired Zach Welcker, FLOW’s first-ever full-time legal director — an achievement many years in the making.
“Our bodies are mostly water. Water connects us to everything around us that is alive,” says award-winning poet Alison Swan. “The water and the land are inseparable from one another. Stop and think to yourself: How does what’s happening to the land around this water impact the water supply of essentially the world? Because water flows all over the surface and below the surface of earth.”
Register today for FLOW’s Dec. 8 conversation with author Dave Dempsey on freshly updated ‘Great Lakes for Sale’ Editor’s note: This is an excerpt of the prologue to Great Lakes for Sale (Mission Point Press, 2021) the freshly updated, must-read book by Great Lakes luminary and FLOW Senior Advisor Dave Dempsey. Be sure to buy… Read more »
Michigan Technological University professor Nancy Langston is a nationally recognized environmental historian and the author of five books . In her latest, Climate Ghosts: Migratory Species in the Anthropocene, she explores the fate of three species historically found in the Great Lakes watershed: woodland caribou, common loons and lake sturgeon. Nancy reports on stresses imposed on these signature species by European colonization and now by climate change. Can we restore them? Perhaps, she answers, if we’re willing to make difficult choices. FLOW interviewed Langston recently by e-mail.
In the end, it took outside intervention to begin moving the people of Benton Harbor toward a clean, safe water supply this fall. Why? Despite three years of data showing that the city’s drinking water exceeded state standards for lead contamination, it wasn’t until the Natural Resources Defense Council (NRDC) and the Great Lakes Environmental Law Center filed a petition with U.S. Environmental Protection Agency (EPA) on September 9 that the State of Michigan took decisive action to address the problem. The EPA followed suit with an order to the city on November 2 to improve disinfection and corrosion treatments at the water plant, monitor for disinfection byproducts, repair plant filters, and contract with a third party to study the long-term operation of the city’s drinking water system.
Michigan has a gigantic opportunity to provide clean drinking water, clean up sewage and stormwater runoff, and restore the Great Lakes—while promoting access for all to clean, safe, affordable water—after last Friday’s final bipartisan Congressional action on the Infrastructure and Investment Jobs Act.
While world leaders gather for a second week in Glasgow, Scotland, at the United Nation’s COP26 climate change conference, FLOW’s Jim Olson in this blog calls for a new approach to planning and zoning in the Great Lakes watershed that respects the increasing variability of water levels.
