Archive
Grandparents for Grandchildren and the Great Lakes: The Future is Now
By Jim Olson “With my Grandma I like to walk along the beach and find Petoskey stones. With my Grandpa I like to go in Lake Michigan and body surf the waves,” my 11-year-old granddaughter Ava Bachmann reflected in late August when she stood with me along the shores of …Read More »U.S. Supreme Court Declares “Don’t Look Up.”
Children play near a coal-fired smokestack in 1972—two years after the federal Clean Air Act was passed. Photo courtesy of Flickr. Read More »Two Virtual Hearings, Two Real Steps Closer to Shutting Down Line 5 in the Great Lakes
After two pivotal hearings Tuesday, June 30, Enbridge has lost its grip on the fate of its dangerous twin Line 5 crude oil pipelines in the waters of the Straits of Mackinac. Two hearings, and the State and its citizens are two steps closer to shutting down the unstable twin …Read More »Courtroom Showdown Coming Friday over Line 5 Shutdown
Streaming live online this Friday morning, Michigan Attorney General Dana Nessel and members of her staff—attorneys Peter Manning, Bob Reichel, and Dan Bock, steeped in water and natural resources law—will make historic arguments that will lead to a shutdown of Line 5 in the Straits of Mackinac to protect the …Read More »Oil & Water Don’t Mix: Potential Harm from Enbridge Pipelines in the Straits Stretches from Governor’s Mansion on Mackinac Island to Governor’s Desk
Oil & Water Don’t Mix: Potential Harm from Enbridge Pipelines in the Straits Stretches from Governor’s Mansion on Mackinac Island to Governor’s Desk By Kelly Thayer, FLOW Contributor September 9, 2014 It was a chilling portrait of a place accustomed to grandeur: Mackinac Island swallowed by a sea of oil. …Read More »State Gets Report on Straits of Mackinac Pipelines
http://www.wilx.com/home/headlines/State-Gets-Report-on-Straits-of-Mackinac-Pipelines-278321971.html Officials from a pipeline company are seeking to reassure Michigan officials who are conducting a safety review of lines including those running beneath the Straits of Mackinac. The Michigan Petroleum Pipeline Task Force announced Monday it got an update last month about Enbridge Energy Partners LP’s Line 5. …Read More »‘Biggest Fracking Victory Ever!’ as New York Bans Dangerous Drilling in State
Published on Wednesday, December 17, 2014 by Common Dreams ‘Biggest Fracking Victory Ever!’ as New York Bans Dangerous Drilling in State ‘Fracking has no place in New York or anywhere,’ says prominent activist after announcement by Gov. Andrew Cuomo by Jon Queally, staff writer Anti-fracking protesters outside Governor Andrew Cuomo’s …Read More »Court Confirms 45 Miles of Lake Michigan Shoreline Owned by State Under Public Trust
Court Confirms Indiana’s 45-Mile Shoreline on Lake Michigan Owned and Held by State for Public Recreation Under Public Trust Doctrine By Jim Olson[1] Another state court confirms that the 3,200 miles of Great Lakes shoreline are owned by states in public trust for citizens to enjoy for walking, swimming, …Read More »Some Thoughts for the New Year: Common Home and Common Principles – Living and Working for the Common Good
By Jim Olson President, FLOW For Love of Water, Traverse City Attorney, Olson, Bzdok & Howard, P.C., Traverse City When I look back over the past year, I can’t help but feel hope in the common goodness of people and communities. I say …Read More »Joe Sax, Legal Giant and Visionary, Leaves the Gift of the Public Trust Doctrine
For Professor Joseph Sax “Of all the concepts known to America law, only the public trust doctrine seems to have the breadth and substantive content which might make it useful as a tool of general application for citizens seeking to develop a comprehensive approach to resource management problems.” – Joe Sax, …Read More »The Greatest Threat to the Great Lakes that No One Seems to Know About
The Greatest Threat to the Great Lakes and No One Seems to Know About It: Expanding Enbridge’s Line 5 Through the Straits of Mackinac Click here to read and download PDF How often do you hear a story in the news and then feel utterly shocked that you didn’t know anything …Read More »Name the Five Great Lakes: Summer Internship
My name is Eliza Somsel and I am currently an intern here at FLOW. I am from Grand Rapids, MI originally, but after I graduated high school in 2011, my parents moved to Traverse City. While I have not lived here long, I have always enjoyed Crystal Lake, Lake Michigan …Read More »Water cut offs in Detroit a violation of human rights
I recently visited Detroit, Michigan and am shocked and deeply disturbed at what I witnessed... Every day, thousands of them, in a city that is situated right by a body of water carrying one fifth of the world's water supply, are having their water ruthlessly cut off by men working …Read More »Intern Adventures: Courtney Hammer
Hello! My name is Courtney Hammer, and I am thrilled to be spending twelve weeks this summer up in the beautiful Traverse City, Michigan interning with FLOW (For Love of Water). I was raised down south in Roswell, Georgia, but Traverse City is home away from home for me, as …Read More »Kalkaska County: The centre of fracking in the Great Lakes Basin
Guest Blogger and FLOW Board Member Emma Lui is the Water Campaign Director for the Council of Canadians. She shared her recent blog post with us about her recent trip to Kalkaska, MI. Read the original post on canadians.org Driving into Kalkaska County, the welcome sign displays a picture of …Read More »Canada’s Bill 6 Great Lakes Protection Act, the Public Trust, and Your Water Rights
This week I teamed up with Ralph Pentland, a leading Canadian water policy expert (see Pentland and Wood, Down the Drain, Greystone Books, 2013), and submitted to the Ontario Parliament comments on Bill 6, its proposed Great Lakes Protection Act. Bill 6 looks to the future by requiring policy and …Read More »Rochester groups are Protecting the Great Lakes Forever
Guest Blogger and FLOW Board Member Emma Lui is the Water Campaign Director for the Council of Canadians. She shared her recent blog post with us about Maude Barlow’s speaking engagement in Rochester, NY. I just got home from an incredible event in Rochester, New York, the fourth Great Lakes …Read More »Bayfield: A community full of inspiring stewards of the Great Lakes
By Guest Blogger and FLOW Board Member, Emma Lui, Council of Canadians Water Campaigner. Read the original post here. Maude Barlow and I arrived in Bayfield, Ontario, the 15th stop of the Great Lakes Need Great Friends tour, on Friday evening. It is a beautiful village and Main Street is …Read More »Enbridge Under the Bridge: What We Do and Don’t Know about the Underwater Oil Pipeline in the Great Lakes
FLOW and a number of organizations have come together over the last year to rally the public and raise awareness about the Canadian energy company Enbridge and their Line 5 pipeline, a 61-year-old pipeline under the Straits of Mackinac in the Great Lakes which has increased in flow and pipeline pressure …Read More »Why I Volunteer for FLOW
Hello Great Lakes lovers. My name is Justin Sterk and I have recently begun volunteering at FLOW, in downtown Traverse City, Michigan. As a native of Traverse City, the Great Lakes hold special importance to me and my family, and it is a great thrill for me to be able …Read More »Supreme Court Decision: Let the Country Burn
Our newly constituted Supreme Court acted more like “supreme rulers” than an independent judiciary, choosing politics and their fixation on narrow legal ideology over the urgent need to reduce greenhouse gases under a realistic and fair reading of federal law—the Clean Air Act, writes Jim Olson.Read More »Happy Birthday to Jim Olson: Legal Lion for the Environment
Those working on Michigan environmental issues at any time during the last 50 years have known exactly who the pioneering legal advocate for Michigan’s precious air, water, and land is: FLOW founder Jim Olson. As Jim’s February 26 birthday approaches, it’s time to take stock of all that he’s accomplished …Read More »Michigan Lawmakers Must Step Up on Behalf of Our Water
In Michigan, water in its natural state, including groundwater, is held by the state as sovereign for the benefit of the people. Michigan’s 2008 groundwater withdrawal law declares that lakes, streams, and groundwater–indeed springs, seeps, and wetlands–are a singularly connected part of the water cycle. The removal of water from …Read More »A Remembrance: Terry Swier, A Michigan Water Warrior
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 …Read More »We Must Map and Make Room for Climate-Induced Water Levels to Protect Communities, Taxpayers
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.Read More »FLOW to Mackinac Straits Corridor Authority: No Enbridge Oil Tunnel Without Authorization Under Public Trust Doctrine
FLOW President Jim Olson made the following statement to the Mackinac Straits Corridor Authority during a February 3, 2021, public meeting regarding the Line 5 Easement, Assignment, Tunnel Agreement, and 99-year lease.Read More »Line 5 Oil Tunnel: U.S. Army Corps Environmental Study Marks a Return to the Rule of Law
In recognition of the critical importance of the Great Lakes and the rule of law, citizens and communities battling the existential threat of climate change won an important victory when the United States Army Corps of Engineers (USACE) announced June 23 they will conduct an environmental impact statement (EIS) for …Read More »Shoring Up the Public Trust, Not Seawalls, during High Water on the Great Lakes
Photo courtesy of Chikaming Township, Michigan. Editor’s note: This article was originally published on June 19, 2021, in the Northern Express. LEARN MORE ON JUNE 29 FLOW will host a free webinar — Managing High Water and High Tension along the Great Lakes Shoreline — at 1 p.m. Eastern on Tuesday, …Read More »Will Wall Street Control Our Water in the 21st Century?
The water barons are finally moving in to gain control over water rights in public water that is supposed to be held and managed by each state as sovereign for the benefit of its citizens. These water transactions, which seek to profit by speculating on an underlying assumption that water …Read More »Line 5 “Reality Check”—We Don’t Need Line 5 to Supply Energy to Canadians and Michiganders
We need a realty check on Line 5. There is plenty of capacity in Enbridge’s system to handle enough crude oil to make up for most of the loss in Line 5 when it is shut down.Read More »Canada’s Pressure Campaign to Keep Running the Dangerous ‘Line 5’ Pipelines in the Great Lakes Calls for a “Reality Check”
Enbridge has unleashed a barrage of stories that claim Michigan and the U.S. need Canadian oil from Line 5, that thousands of jobs in Sarnia are in jeopardy, and that Sarnia and Ontario oil refineries already plan to implement an alternative by transporting crude oil by rail or ship it …Read More »Enbridge Defies Ancient Public Trust Rule of Law, Undermines Great Lakes and Citizens’ Protected Rights
By Jim Olson Enbridge has launched yet another attack on the rule of law in Michigan, a habit that underscores its arrogance and looks more like the disregard for rule of law exhibited by the mob that attacked the constitution, the Capitol, and rule of law of the Nation on …Read More »Enbridge’s Federal Lawsuit Attacks State Authority to Protect the Great Lakes from Line 5
The federal lawsuit Enbridge filed Tuesday is an attack on the State of Michigan’s sovereign title and authority to protect the public trust in the Straits and Great Lakes from Line 5. The federal government can regulate safety, but it can never control the location and use of the State …Read More »Oil and Water, and the Public Trust, Don’t Mix in the Great Lakes
Their legal duty under public trust law, and the clear and present danger from the anchor strikes and currents of the 67-year-old dual oil pipelines, left only one choice for Michigan Governor Gretchen Whitmer and DNR Director Daniel Eichinger: Revoke and terminate the easement allowing Line 5 to occupy the …Read More »Line 5 Oil Tunnel in the Great Lakes: Is the Die Cast for the Next 99 Years?
There was good news and bad news in a state administrative law judge’s October 23 ruling that addressed legal arguments over what the Michigan Public Service Commission (MPSC) can and cannot evaluate when deciding whether to permit the siting of Enbridge’s proposed oil pipeline tunnel project under the Straits of …Read More »Will Michigan Allow Nestlé to Operate below the Ground and above the Law?
By Jim Olson In the coming weeks, Liesl Clark, the director of the Michigan Department of Environment, Great Lakes, and Energy (EGLE)—and ultimately, Michigan Governor Gretchen Whitmer—will make the final decision required by state law on a Nestlé water bottling permit to remove another 210 million gallons of groundwater a …Read More »The Marriage of the Rights of Nature and the Public Trust Doctrine
By Jim Olson The citizens of Toledo, Ohio, desperate to end the continuing plague of toxic algal blooms covering the western one-third of Lake Erie, in February 2019 passed by referendum a municipal ordinance that enacted the “Lake Erie Bill of Rights.” The Bill of Rights holds that “Lake Erie, …Read More »Tribes and Environmental Groups Will Help Decide Fate of Proposed Line 5 Oil Tunnel in the Great Lakes
MPSC seeks public comments online and at August 24 public hearing By Jim Olson Good news arrived recently for citizens concerned about Enbridge’s dangerous Line 5 pipelines that convey millions of gallons of petroleum each day, and the proposed massive new tunnel pipeline in the Straits of Mackinac — the …Read More »Turning the Spotlight on Line 5 in the Great Lakes
Last week the Michigan Attorney General’s Office chose not to appeal a lower court ruling upholding the constitutionality of a law that facilitates the framework for an oil tunnel under the Straits of Mackinac—forgoing any further challenge, but, in reality, yielding no strategic legal ground.Read More »The Man Who Biked to Work
By Jim Olson In the late 1950s, I would ride my bike from East Bay, on the other side of the ridge that runs along Old Mission Peninsula, to near downtown Traverse City, and I would notice a man on a bike. It seemed odd because in the 1950s no …Read More »The MEPA Turns 50
Photo: Kolke Creek in the headwaters of the AuSable River was protected by MEPA after the Michigan Supreme Court prohibited discharge of 1 million gallons of oil-field treated wastewater. Editor’s note: This is part 1 of a series on the history of import of the MEPA. By Jim Olson Serendipity …Read More »The Edenville Dam Failure and Flooding Disaster in Midland County
The accounts of the failure of the Edenville dam on the Tittabawassee and Tobacco Rivers and the devastating damage and threat to safety and life beg the question: How did the owner and a dam stamped as a red-zone for hazardous risk escape regulatory enforcement before it failed? Who is …Read More »High Water, Public Rights, and Michigan Shoreland Protection
Water levels in Lake Huron and Lake Michigan won’t drop anytime soon. Private waterfront homeowners rush to save their homes from loss. Citizens seek to preserve their public right to a walkable beach along the shore below the natural high water mark, and the State of Michigan and municipalities struggle …Read More »State Points to Fatal Flaw in ‘Line 5’ Tunnel Law
What may seem like dry legal arguments over the interpretation of a few words sometimes can have ripple effects on people, health, safety, and the environment. Such is the case with arguments heard June 3 before the Michigan Court of Appeals over the fate of the proposed Enbridge oil pipeline …Read More »We Shouldn’t Suspend Laws that Protect Water, Health, and the Environment During the Time of Coronavirus
Like all of you, in this time of the coronavirus pandemic, the common ground we share—the ground we stand on—is shaking, sinking, shifting beneath our feet.Read More »Onus is on State, Not Citizens, to Turn on Water in Detroit
Since when is the burden of proof on residents to prove a health crisis to get a drink of water from the tap in their home? By refusing to grant relief to tens of thousands of residents in Detroit, the State has effectively deprived citizens of their rights under public …Read More »It’s Time to Bring Enbridge ‘Line 5’ Under the Rule of Law
In a partial victory for Michigan’s waters and the rule of law, a state government administrative law judge ruled on Monday that legal challenges to permits issued by the state for the Enbridge Line 5 oil pipeline project in the Straits of Mackinac can move forward. Judge Daniel Pulter ruled …Read More »Billions of Taxpayer Dollars and 2 Billion Gallons a Year of Great Lakes Water Don’t Mix with Private Corporate Profits and Promises
No one has asked the real Foxconn 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.Read More »“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 …Read More »Safeguarding and Reclaiming the Public Water Commons and a Human Right to Water and Health
Maude’s new book, "Whose Water Is It Anyway?: Taking Water Protection into Public Hands" is a combination of big picture world water crisis, personal story, water policy, conflicts, and solution. Here is a short readable book, a book you can slip into your purse, backpack, or even suit coat pocket, …Read More »Court’s Denial of Zoning Permit for Nestlé Pump Station Exposes Achilles Heel of Private Bottled Water Industry
On December 3, the Michigan Court of Appeals released an opinion nullifying a lower court order that had allowed Nestlé to build an industrial booster pump facility to transport 210 million gallons per year of groundwater that feeds headwater creeks in Osceola Township just north of Evart. The decision exposes …Read More »Minnesota Water Train Proposal Exposes Flaw in Great Lakes Compact
By Jim Olson A railway company recently proposed extracting 500 million gallons of groundwater per year from Minnesota and shipping it to water-scarce states in the southwestern United States. Although the water that would be diverted lies outside the Great Lakes Basin, and Minnesota officials said they are not likely …Read More »Faceoff over Farm Runoff Heads to Iowa Court
The foot-dragging by public officials to take action against deadly algal blooms and pollution from bad farming practices finally has reached a tipping point. Food and Water Watch, a national public interest organization, and Iowa Citizens for Community Improvement have teamed up in Des Moines to file a lawsuit to …Read More »Reflections on Independence – Liberty, Water, and the Public Trust Doctrine
July is “Public Trust Month” at FLOW, a time to gather views and inspiration from people from all walks of life who live, use and enjoy, or depend on the waters of the Great Lakes Basin for life, recreation, and livelihood. Talk about a gift for all of us to …Read More »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 …Read More »The Future of Line 5 in the Straits of Mackinac
Now that Michigan’s governor and attorney general have sunk the oil tunnel scheme hatched by the last administration, I’m asked nearly every day: What can citizens and state leaders do to shut down the propped-up, banged-up Line 5 oil pipelines in the Straits of Mackinac for good? Here’s my answer, as …Read More »What Happened on Line 5?
How Did We Get Here on Line 5? Tracing the Law and the Politics The plotting of former Governor Snyder’s administration and Enbridge to hand over the public trust soils and bedrock under the Straits of Mackinac for the company to build and operate a new crude oil pipeline in …Read More »A Day in the Life of Patagonia – a Corporation that Promotes the Common Good
Above: Jim Olson and his wife Judy Bosma pose with Patagonia environmental programs associate Alex Cangialose and environmental grants coordinator Tom Kaheli on the front steps of Patagonia’s headquarters. Patagonia, the cutting-edge outdoor clothing company with a mission to serve the common good and the planet’s environment, started out as …Read More »Sign of the Times: Toledo Voters Pass Bill of Rights for Lake Erie
Above: A Summer day on western Lake Eire A lake, river, creek, parkland, wilderness, or canopy of redwoods or old sugar maples can’t walk to the courthouse to file lawsuits to protect their right to be free from harm, nor can they walk into a precinct and vote. Come to …Read More »FLOW Challenges Proposed Great Lakes Water Diversion for Foxconn in Wisconsin
This week, FLOW President and Legal Advisor Jim Olson filed an amicus brief in a challenge to a State of Wisconsin permit authorizing a diversion of 7 million gallons a day (mgd) of Lake Michigan water to support the Foxconn Corporation’s proposed manufacturing facility. As discussed below, the proposed diversion …Read More »Walk On!
photo by Beth Price The Town of Long Beach, Indiana, runs along a wide stretch of sandy Lake Michigan beach just below the southwest corner of Michigan. Residences, and a series of public access corridors, extend to the shore from the town’s Lake Shore Drive. More homes extend inland along winding …Read More »Bypassing, and Now Restoring, the Rule of Law on Line 5
After last year’s election, newly chosen leaders and the old guard with a few weeks left in Lansing rushed in opposite directions. The Snyder administration and legislators intensified their unprecedented, legally questionable attacks on water, the environment, and public health during a lame-duck feeding frenzy. The new guard, Governor Gretchen …Read More »“Standing” Up for the Great Lakes
Some gifts come after the lights and music of the holiday season drift into the snowy weeks of the New Year. We at FLOW are delighted to share a gift just sent to us from Courtney Hammer, our first legal intern, who spent the summer of 2014 here in Traverse …Read More »A 2019 Resolution to Reverse Michigan’s Anti-Environmental, Lame-Duck Lunacy
It’s January 2019, and it is time to unpack and undo the anti- water, air, environment, public health, and community laws passed by the Republican-run Legislature and signed by Michigan Governor Rick Snyder in the last two months of 2018. Lame-duck lawmakers and now ex-Governor Snyder blatantly followed a hit-list …Read More »Legislature’s Assault on Environment Defies State Constitution
Photo credit: Charles Brackett In the midst of multiple legislative attacks on environmental laws and natural resources that Michiganders cherish, it is tempting to despair. But at FLOW we seek positive, right solutions based on the principle that no matter who a person is, no matter her or his walk …Read More »Supreme Court Rejects Trump Administration’s Last Ditch Maneuver to Avoid Trial on Children’s Climate Change Lawsuit
photo: Beth Price What better way to divert attention on Election Day than to write something beyond political parties and votes—but wait, maybe it’s not so far beyond, as this election could make the difference for the future of the planet, and our children and grandchildren. On November 2, the …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 »FLOW Releases Report to Save Our “Sixth Great Lake”
Today marks the beginning of a campaign to protect groundwater in Michigan and our surrounding states as the “Sixth Great Lake,” a lightning-bolt phrase promoted by Dave Dempsey, FLOW’s senior policy advisor and author of a sentinel groundwater report released by FLOW this week. In this second of a trilogy …Read More »U.S. Senate Hearing Sets the Stage for Turning Off Dangerous Enbridge Line 5 in Great Lakes
Michigan Senator Gary Peters, ranking member of a Senate committee overseeing hazardous pipelines, held a public hearing in Traverse City, Michigan Monday, ground zero in a race to turn off Enbridge’s 65-year old Line 5 before it spills millions of gallons into the Straits of Mackinac and blackens the water, …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 »Why Michigan Citizens for Water Conservation’s Contested Case Against the Nestlé Water Permit Is Right and Necessary
Permits that Harm Water and Natural Resources Michigan officials have been busy this spring — busy handing out permits to take or destroy Michigan’s water and natural resources in violation of clear constitutional and legal mandates: A mandatory duty to protect the public’s paramount interest in our air, water, and …Read More »Saving the Straits of Mackinac
Saving the Straits of Mackinac Yesterday, May 22, 2018, marks the day that our state’s citizens, threatened with the terrible harm of an oil spill from a failed Line 5 in the Straits of Mackinac, took matters into their own hands. The Straits of Mackinac Alliance (SMA) filed a contested-case …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 »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 »Why Public-Private Partnerships that Own or Control Our Cities and Towns’ Water and Infrastructure Are Not the Answer
In this space two weeks ago I demonstrated that plans by President Trump and Governor Snyder to rebuild our deteriorating public Infrastructure will force shrinking or financially strapped cities and towns to turn to private water companies and investors. The Trump plan would cut the historical federal 75 percent share …Read More »Our Public Water, Infrastructure and Health: Here Come the Profiteers!
Our public water systems are in crisis. Every person and business in every city and town in the U.S. will face increasing competition for water, more and more repairs, improvements, and replacement of crumbling infrastructure or preventing illness or pollution. They will also face the wild card of increased frequency …Read More »Nestlé Must Still Prove to State It Can Divert Water from Headwater Creeks
A Circuit Court ruling reversing Osceola Township’s denial of a zoning permit for a booster station five days before Christmas does not clear the way for Nestlé’s push for a massive increase in pumping from 150 gpm to 400 gpm (210 million gallons a year) from two headwater creeks. Nestlé …Read More »Failed Leadership and Line 5
Our State’s leadership in the handling of Enbridge’s Line 5 in the Straits of Mackinac has gone from bad to worse. In light of disclosures by Enbridge of a failed pipeline design and the refusal on the part of our State leaders to take action to prevent devastating harm to …Read More »It Is Time to Remove the Grinch from Flint, Detroit, and the Future of Michigan’s Great Lakes Water
The City of Flint, through its city council, just approved a deal to return to and stay on Detroit water, now managed and sold by the suburban Great Lakes Water Authority (GLWA). This decision must be viewed as the next step, not the final outcome. Even though the city and …Read More »Public Trust Watch: Courts Weigh Public Access to the Shore
What rights does the public have to access the shore? By deciding not to hear an appeal brought by a right-wing foundation on behalf of a coastal property owner, the U.S. Supreme Court has provided an answer, for now. The Court of Appeals decision whose challenge the Supreme Court refused …Read More »Whose waterfront is it anyway?
Whose waterfront is it anyway? An important court case in Wisconsin will offer one answer to that question – – and it could have important implications for public access and open space in the redevelopment of Michigan’s and Great Lakes’ shorelines. The case, which is on appeal from a trial …Read More »FLOW Response to Hurricane Harvey NEWS
Stop All Disaster-Schemers from Ripping Off Our Public Water for Selfish Profits Jim Olson Here’s the ugly future of water if we don’t protect it as something public and held in public trust for the benefit of citizens. Water is a commons, meant to be used by landowners, homeowners, and …Read More »Line 5 Straits New Anchor Structures
Public Statement Michigan Department of Environmental Quality Line 5 Straits New Anchor Structures Jim Olson President and Legal Advisor, FLOW (For Love of Water) July 25, 2017 Director Grether, Division and Unit Chief Fisher, and the Gaylord Office Unit Supervisor Haas, and Great Lakes Submerged Land Specialist Graft: This statement …Read More »Jim Olson’s statement to Pipeline Safety Advisory Board
Public Meeting of the Michigan Pipeline Advisory Board Petoskey, Michigan, June 12, 2017 Statement of James Olson President and Legal Advisor, FLOW for Love Water It’s time for our state government to stop treating our 1963 Constitution, statutes and common law as nice but meaningless environmental policy statements and start …Read More »Welcoming Dave Dempsey to FLOW
I share in the excitement with FLOW’s Executive Director Liz Kirkwood, the staff, Board of Directors, and supporters in welcoming Dave Dempsey’s arrival at FLOW. When we began FLOW in its initial stages nine years ago, Dave Dempsey expressed his enthusiasm and support for our launch and the course ahead. …Read More »The Intrinsic Value of Water and the Public Trust Doctrine
March 22, 2017 World Water Day Let us ask ourselves today, on World Water Day – led by the United Nations, Watershed Movement, and the Vatican, with the assistance of organizations like Circle of Blue and the World Economic Forum, and many others – just what is the value of water …Read More »Jim Olson & Dave Mahan on Natural Resources Stewardship
A Conversation About Climate and Conservation In this video produced by Joe VanderMeulen for NatureChange, Phil Ellis, Executive Director of the Grand Traverse Regional Community Foundation, moderates as two of Northern Michigan’s most respected and experienced environmental leaders discuss the challenges and choices facing our region. FLOW’s own Jim Olson and Dr. …Read More »The Great Lakes are no place for fish farming, but there might be one nearby
The waters of the Great Lakes are held in trust by the state as a shared public commons for the benefit of citizens for navigation, boating, fishing, health and sustenance. The courts of all eight Great Lakes states have recognized this principle, which means the states must manage these waters …Read More »Water Poet Mike Delp Shares His Latest Work
“I say water is better than money,” — Mike Delp, “Mad Angler Speaks Truth to Power,” from Lying in the River’s Dark Bed: The Confluence of the Deadman and the Mad Angler. (Wayne State University Press, 2016). Mike Delp, the water poet, has shared his poems at readings and …Read More »Waukesha’s Proposed Exemption to the Great Lakes Compact Diversion Ban
Ask any ship captain or sailor along the shores of the Great Lakes, and they will tell you how important it is to follow the rules of navigation, including honoring those lighthouse beacons and green and red channel buoys. In short, boat captains must exercise utmost caution at all times. …Read More »NY Times features Public Trust Doctrine
A recent article on the New York Times Opinion Editorial Page features the public trust doctrine as basis for citizens, including the children atmospheric trust cases, to bring court actions to order governments to take affirmative action to drastically reduce greenhouse gases and minimize climate change. All water, air, and wildlife are legally viewed …Read More »There is No Legal Authority for Commercial Fish Farming in Great Lakes Waters
The Great Lakes are not and cannot be a “gold mine” for any private person or corporation. They are owned by the State in public trust for each citizen. The Supreme Courts of Michigan, the U.S. and other states have ruled for more than 120 years that public trust bottomlands …Read More »End Enbridge Stonewalling
Observations by some that the State of Michigan has no regulatory authority over hazardous liquid pipelines is correct to the extent that it is understood in the context of safety regulations — standards, inspection and enforcement; safety code enforcement is covered by the federal PHMSA law, regulation and agency. However, …Read More »Jim Olson Debates Enbridge on Line 5
FLOW founder and president Jim Olson made the case against Enbridge recently for the need to eliminate crude oil in Line 5 in the Straits of Mackinac. Read the full debate in Riparian Magazine here. Read More »FLOW’s Pioneering Work on Right to Water, Commons and Public Trust Join the Mainstream
The launch of FLOW’s new website comes at the same time FLOW’s work (beginning back in 2009 when Terry Swier, President of Michigan Citizens for Water Conservation, my brother Eric Olson, Ted Curran, and a few others, saw the need to educate leaders and the public on the overarching principle …Read More »California Drought and the Public Trust
By Jim Olson This has been a long time coming, inevitable really: Since the California Supreme Court’s decision in the National Audubon “Mono Lake” case back in the 1980s, courts have recognized the hydrologic connection between navigable and non-navigable but tributary streams and the groundwater that replenishes them. Indeed, it …Read More »Holiday Thoughts on the Paris Climate Change Agreement: A Christmas Gift of Hope and Reality
By Jim Olson, President FLOW (For Love of Water) We can be thankful that nations of the world have opened the door to the foyer to address climate change. Most encouraging is the senses of cooperation to protect this home we call earth. The other end of the promise …Read More »Take Action to Prevent Pipeline Secrecy Bill
An alarming piece of legislation was introduced last week by Rep. Heise and is quickly being moved to committee Thursday, May 14th. It would exempt oil & gas companies like Enbridge from disclosing pipeline and energy-related information under Michigan’s Freedom of Information Act (FOIA). We need more information on critical pipelines …Read More »Blueprint for the Great Lakes Trail
Blueprint for the Great Lakes Trail Melissa K. Scanlan Vermont Law School July 31, 2014 Michigan Journal of Environmental & Administrative Law, July 31, 2014. Vermont Law School Research Paper No. 14-14 Abstract: The Great Lakes are vast yet vulnerable. There is a need to focus the public’s attention on …Read More »Yes: Ohio farmers’ harvest depend on healthy waters, Toledo Blade
A great article from the Blade, a Toledo newspaper, was just published which supports the need for a strong “waters of the US” rule under the Clean Water Act. This rule would insure that wetlands and tributary waters of the Great Lakes are not diminished, impaired, and the Great Lakes ecosystem and waters …Read More »Jim Olson Article on Detroit Water Shut Offs
Detroit’s Bankruptcy and Water Shutoffs Strike a Blow to the Rights and Public Trust in Water of Detroit’s Poor By Jim Olson[1] Detroit’s emergency manager filed for bankruptcy in July 2013 to force creditors to negotiate a bankruptcy plan that would slash the city’s unwieldy debt, and, …Read More »Great Lakes fishery managers need insight on climate change impacts
http://greatlakesecho.org/2014/10/30/great-lakes-fishery-managers-need-insight-on-climate-change-impacts/ Great Lakes fishery managers need insight on climate change impacts By: GREAT LAKES ECHO | 6 HOURS AGO By Duygu Kanver Great Lakes fishery managers worry that their operations may be harmed by invasive species, habitat loss and climate change in the long run, according to a new study. …Read More »What’s the status of the old oil pipeline under Lake Michigan? We need more information to know.
By MARK BRUSH The Environment Report A diver inspects Enbridge’s Line 5 pipeline under the Straits of Mackinac for a possible dent. Credit an Enbridge inspection video shared with the state of Michigan Listen Listening… Listen to the second part of our answer to a “M I Curious” question about …Read More »New Report Released on Fresh Water Crisis by Johnson Foundation at Wingspread Releases
Groundbreaking Report on U.S. Freshwater Crisis Charting New Waters report provides recommendations for transforming U.S. water infrastructure after 6-year examination A new report on water and sewer infrastructure in this century. Here’s a business oriented report based on series of convenings by Johnson Foundation. As you can see, the report concludes with a set …Read More »Good news about groundwater – Rutland Herald
“Vermont leaders pioneer public trust principles to address systemic pollution and water quantity issues in this century. The MTBE case is groundbreaking, because it demonstrates how the public trust principles advocated and demonstrated FLOW’s projects will work for the Great Lakes and beyond, including addressing the toxic algae and algal …Read More »Toxic Algae Problem Likely To Get Worse Before It Gets Better
A featured story on National Public Radio this morning. The issue of blue-green algae in lakes which took the spotlight in August after the Ohio city of Toledo banned its drinking water for two days. Toledo could be a wake-up call for people around Lake Erie. If you missed …Read More »Harmful Algal Blooms Causing Toledo’s Municipal Water Crisis
Harmful Algal Blooms Causing Toledo’s Municipal Water Crisis By Casey Spitzer, FLOW Intern August 8, 2014 Fear and confusion spread quickly through the greater Toledo area in the early morning hours of Saturday, August 2nd when Ohio Governor declared a state of emergency that announced that the water was …Read More »DEQ and Attorney General Determine Enbridge in Violation of 1953 Easement
On July 1st, FLOW along with 16 conservation, water and environmental groups and the Little Traverse Bay Bands of Odawa Indians sent a letter to Michigan Governor Rick Snyder urging greater state action to regulate Enbridge’s 61 year-old Line 5, which transports some 23 million gallons of crude oil and …Read More »Detroit Spirit and Community Leader Passes Away
Charity Hicks, a visionary, cultural, and community leader in Detroit passed away after a serious bus accident in New York July 9th, 2014. Charity had led the fight of the Detroit People’s Water Board against political efforts to privatize Detroit’s water system and shut off water to and otherwise marginalize …Read More »Barlow raises Detroit water shutoffs on CBC National and in The New York Times
CBC National news reports, “Nearly half of Detroit’s water customers are in arrears so the city is disconnecting service at an unprecedented pace. 12,500 in the last 90 days though some have paid up to get their water back. …A group here in Canada has taken up the cause. The …Read More »FLOW attends Northern Michigan Pipeline Symposium
On Tuesday night June 24, 2014, approximately 150 concerned citizens gathered together at Petoskey High School to learn and ask questions about Enbridge Energy and their future plans for pipeline 5. A wide range of advocacy and regulatory groups were also in attendance and participated in the discussion panel that …Read More »Dark Snow is “Not Cool” – Peter Sinclair on Climate Change and Showstoppers
Peter Sinclair is tall and brawny, and while the climate change communications expert looks like he could scale a mountain or scramble a glacier (and soon he will), he doesn’t look like a baseball player on steroids. What looks like a baseball player on steroids, he says, is climate change. …Read More »Local Government Regulation of Large-Scale Hydraulic Fracturing Activities and Uses
Ross Hammersely and Kate Redman, attorneys with the Traverse City law firm, Olson, Bzdok & Howard, have done a marvelous service for local government officials, planners, administrators, property owners, industry, and the public in publishing a cogent, objective article on the scope and nature of local government regulation, including zoning …Read More »Summary – Virtual Townhall Webinar on Nutrient Pollution, Harmful Algal Blooms, and Dead Zones in the Great Lakes
Click here to view on YouTube.com FLOW’s May 13th webinar hosted four speakers who provided their insight on nutrient pollution in Lake Erie. We were fortunate to hear from Dr. Don Scavia, professor from the University of Michigan Codi Yeager-Kozacek, correspondent from Circle of Blue Dave Dempsey, member from the …Read More »Photo Gallery: “Well May the World Go” Pete Seeger Community Concert FLOW Benefit in Benzonia, MI
Photos from the “Well May the World Go” Pete Seeger Community Concert FLOW Benefit in Benzonia, MI Credit: Liz Kirkwood, FLOW Executive DirectorRead More »The Pipeline in the Straits: Learning About Line 5 with Enbridge in St. Ignace
By FLOW intern Jonathan Aylward. Jonathan has been with FLOW since January 2014 and also works on food-related projects throughout the Grand Traverse region. There is an oil pipeline running through the Great Lakes underneath the Mackinac Bridge. The pipeline, called Line 5, is owned and operated by Enbridge, a …Read More »Systemic Threats to Great Lakes Demand an Immediate Paradigm Shift to Water as Commons Protected By Public Trust
Pursuant to his recent publication in The Vermont Journal of Environmental Law, the following are some thoughts from Jim Olson on the importance of the public trust doctrine at this time in history. Systemic Threats to Great Lakes Demand an Immediate Paradigm Shift to Water as Commons Protected By Public …Read More »FLOW’s Transparent Open Door Fracking Program
“For a successful technology, reality must take precedence over public relations, for nature cannot be fooled.” – Richard Feynman As a non-partisan policy and education center focused on protecting the Great Lakes, FLOW undertakes projects and programs based on the demonstrated reality of problems needing resolution. Unequivocally, FLOW’s mission and …Read More »FLOW Funder Park Foundation Among Growing Fossil Fuel Divestment Movement
The New York Times recently featured one of FLOW’s major funders, the Park Foundation, in an article about a group of philanthropic foundations that are collaborating to move their financial investments away from fossil fuels (divestment) in an effort to align their money with their missions to curb climate change. …Read More »Require Cumulative Environmental Impact Statement for Keystone XL and Alberta Clipper Tar Sands Oil Pipelines
FLOW, along with a myriad of policy and environment groups throughout the Midwest led by Sierra Club, signed this coalition letter to Department of State Secretary John Kerry. The letter requests that the Department of State consider developing a supplemental environmental impact statement (SEIS) for the Keystone XL pipeline that also …Read More »Pennsylvania Court Precedent on Fracking and How It Relates to Protecting Michigan’s Commons: PA State Supreme Court rules municipalities can limit what gas drillers can do
From the desk of FLOW founder Jim Olson: thoughts on the recent Pennsylvania Supreme Court ruling on how municipalities can limit gas drilling in their community (you can also read the full text of the TribLive.com article at the bottom of this post). In a show of judicial analysis and …Read More »Wisconsin Pauses Great Lakes Tar Sands
Congratulations to Alliance for the Great Lakes, citizens and organizations in Wisconsin and Michigan, and Council of Canadians for leading the way to deny Elkhorn’s request to improve a barge dock in Superior, Wisconsin to transport dirty tar sands oil over the Great Lakes. With citizen vigilance, persistence, and growing …Read More »Let’s Get Together
The Great Lakes Society was formed to sustain the work of FLOW. Now the Great Lakes Society wants to encourage others to join and participate with comments, suggestions for how the Society can foster FLOW’s work to find and apply solutions to address the systemic threats to the Great Lakes. …Read More »Fracking: It’s All About the Water
Hydraulic fracturing (“fracking”) for oil and gas in Michigan is the subject of scrutiny in the recent Integrated Assessment report series from the University of Michigan’s Graham Sustainability Institute. The report confirms that the future development of tight shale formations appears to be massive and intensive in size and scope …Read More »#FAIL – It’s a Good Thing
As FLOW’s Communications Designer, I have been working in our Traverse City office since January, creating print and web content that gets the word out about FLOW’s policy programs that help protect the integrity of Great Lakes water with the vision of the commons. I have been given the great …Read More »Do We Have a Blue Future?
By Guest Blogger Maude Barlow, National Chairperson for the Council of the Canadians and longtime partner of FLOW. Read the original post here. The world is running out of accessible clean water. Modern humans are polluting, mismanaging and displacing our finite freshwater sources at an alarming rate. Since 1990, half …Read More »The Water-Energy Nexus: FLOW at the MI Governor’s Energy Policy Listening Session
As part of Earth Day today, I had the opportunity to submit FLOW’s memorandum to the Michigan Public Service Commission at the Governor’s “listening session” on future energy policy in Michigan. At FLOW we believe that by looking at the entire hydrological cycle as a basis for addressing systemic threats …Read More »Guest Blog: Ted Curran – “Make Them Pay”
Preface from Jim Olson Water in Michigan is recognized as a public resource or the “waters of the state.” Landowners or those leasing from them have a right to use water, but not unreasonably and it generally not by removing it permanently from watersheds. FLOW board member Ted Curran rightly …Read More »Welcome to the New FLOW site
Today the threats facing the Great Lakes and its tributary waters, communities, businesses, governments loom large. If we can understand these threats as a whole, that is holistically, through science, data, values, and new frameworks, we may find a unifying principle that integrates the science, policy, law and economics into …Read More »