Tag: CAFOs

Nutrient Pollution: The Second Battle of Lake Erie

Published on October 9th, 2024 by - Blog Posts

One of the military clashes between England and the United States was the battle of Lake Erie. On September 10, 1813, nine ships under U.S. Master Commandant Oliver Hazard Perry bested a nine-ship English fleet in a decisive battle for control of western Lake Erie and surrounding lands. Today, a 352-foot International Peace Memorial on South Bass Island commemorates the longest undefended border in the world, uniting Canada and the U.S. 

For more than three decades now, our nations have engaged in a different kind of struggle – to rescue western Lake Erie from a tsunami of toxic algae. No one is winning except the industrial agriculture interests that profit from lax environmental regulation, as untreated factory farm sewage is allowed to pour into Michigan’s formerly pure waters. We need a fundamentally different approach to nutrient pollution.

When detergents in wastewater caused algae blooms in the 1960s, the U.S. and Canada moved quickly to control the culprit – phosphorus – with dramatic improvements in just a few years. The battle was won, but the war wasn’t over. Beginning in the 1990s, annual algae blooms returned to western Lake Erie, growing in severity until, in 2014, Toledo, Ohio had to shut down its drinking water intake and put the entire city on bottled water for days. Tens of millions of taxpayer dollars spent on cleanup strategies in the past decade have done little to diminish the threat to Lake Erie and its many tributaries, which used to be swimmable and fishable. Today, they run brown and weedy, choked with ag-sourced sewage.

Nutrient pollution includes nitrogen and phosphorus, both products of agriculture and other human activities. It’s tricky to regulate because nutrients are essential to the food cycle, but too much quickly turns toxic for humans and animals alike. Nutrient pollution causes fish kills and dead zones. It contaminates private wells by leaching through soil. Exposure can cause diarrhea, nausea, vomiting, irritation of the skin, eyes, and throat, allergic reactions, or breathing difficulties. Prolonged exposure can cause cancer.

Wastewater plants were responsible for some of the nutrient pollution, but research quickly identified factory farms as the leading source of the algae resurgence.

The International Joint Commission, which deals with issues affecting waterways along the U.S.-Canada border, called for a 40% reduction in phosphorus in western Lake Erie, but every year we miss that goal by miles, despite an agreement by Ohio, Michigan, and Ontario to reach the 40% goal by 2025. They won’t come close. Western Lake Erie’s target phosphorus load was met only once from 2013 through 2024. Some say there has been virtually no reduction. This year’s bloom was detected on June 24, the earliest date ever, reaching 620 square miles, and was still visible as October began.

Clearly, we need more tools in our toolbox. In other parts of the world, holistic approaches to nutrient pollution show promise. The Netherlands, for example, has implemented “nitrogen accounting,” which makes individual sources of nutrient pollution responsible for tracking their outputs. It’s a flexible approach that allows for creativity and customized practices at the local level, as long as nutrient outputs stay below the required levels.

Nutrient pollution has become a global problem that requires innovative, game-changing thinking and cross-border collaborations. We have no time to lose.

 

Toledo’s 2014 Drinking Water Crisis: What Has Changed and What Hasn’t

Published on August 1st, 2024 by - Blog Posts

In the summer of 2014, residents of Toledo, Ohio awoke to the news that they should avoid drinking the water that came out of their tap. On August 2, 2014, government officials warned against drinking, cooking, or brushing teeth with the algae-trainted water supplies.

In total, the “do not drink” advisory was given to over 450,000 customers of the Toledo public drinking water supply, including some in Michigan. Flocking to stores to get bottled water, residents emptied shelves of the replacement water for dozens of miles in all directions.

What happened?

An algae bloom had generated toxins in the immediate vicinity of the city’s drinking water intake, a few miles offshore in Lake Erie.

After a little more than two days, officials lifted the advisory and declared the water safe to drink, and promised swift action to prevent such a crisis from happening again. Most of all, they promised to deal with the phosphorus pollution from agriculture and urban sources in the Lake Erie watershed that fed the algae blooms.

If action means spending, it followed – but not by a large enough margin.

If action means a reduction in phosphorus pollution, especially from agriculture, that mostly did not happen.

And algae blooms remain a serious threat in western Lake Erie. Ten years later, the National Oceanic and Atmospheric Administration is predicting a moderate to above-moderate harmful algal bloom this summer.

“It’s disappointing and frustrating that we’ve seen so little progress in curbing phosphorus pollution in Lake Erie,” says Liz Kirkwood, executive director of FLOW. “Government promises have collided with politics and the public has been ill-served.”

As a Toledo advocate and Executive Director of the Junction Coalition, Alicia Smith observed, “Why is Toledo’s greatest asset—Lake Erie—still jeopardizing public health? Despite having a decade to address water safety, we continue to struggle with ensuring our drinking water is safe and affordable. How does the recurring issue of harmful algal blooms, which occur annually, not constitute a violation of the Clean Water Act? When will the waters of Lake Erie finally become drinkable, swimmable, and fishable for all?”

Michigan is second only to Ohio in the amount of phosphorus contributed to Lake Erie. Along with the Province of Ontario and Ohio, in 2015 Michigan signed a western Lake Erie Agreement that set a goal of work to achieve a recommended 40 percent total load reduction in the amount of total and dissolved reactive phosphorus entering Lake Erie’s Western Basin by the year 2025, with an aspirational interim goal of a 20 percent reduction by 2020. Government officials have admitted the three jurisdictions will fall far short of the 2025 goal.

The biggest challenge to meeting Michigan’s share of the goal is pollution by large factory farms, and Michigan’s director of agriculture readily admits that the agreement isn’t working here. Operators of these farms and the Michigan Farm Bureau have opposed controls on their discharges of phosphorus, while favoring taxpayer subsidies for voluntary experimental techniques to reduce phosphorus. Despite evidence these voluntary techniques will not be successful on the scale needed to clean up western Lake Erie, there is no apparent change in the position of the agriculture sector.

“The question is whether we value safe drinking water or status quo operation of large agricultural pollution sources,” says Liz Kirkwood. “That’s the stark choice.”

Affirmed: EGLE’s authority to issue General Permit with stronger conditions for factory farms

Published on August 1st, 2024 by - Blog Posts, Reports & Media Releases

July 31, 2024: Michigan Supreme Court affirms EGLE’s authority to issue General Permit with stronger conditions for factory farms

Traverse City, Mich.— FLOW applauds the Michigan Supreme Court’s decision yesterday, rejecting the Court of Appeals’ dangerously flawed ruling in Michigan Farm Bureau v. Michigan Department of Environment, Great Lakes, and Energy. Unsatisfied with permit terms that have allowed their industry to pollute Lake Huron and Lake Erie to such an extent that, at one point, the City of Toledo had to shut down its municipal drinking water intake 2.5 miles from shore, Farm Bureau – the lobbying arm of an insurance agency – and its allies had sued to block slightly firmer permit standards.

The lower court held that EGLE’s 2020 Clean Water Act General Permit for Confined Animal Feeding Operations (CAFOs) should have been challenged by Farm Bureau as an unpromulgated rule. The General Permit is an environmental compliance document developed by EGLE, whose terms CAFOs agree to abide by under a Certificate of Coverage. Affirming this ruling would have meant that EGLE could never tighten its CAFO General Permit, because in 2006 the Legislature stripped EGLE of its authority to enact new water protection regulations. A bill is pending in the current Legislature to restore that vital governmental function.

Thanks to this protracted litigation, factory farms have enjoyed an additional four years of lax regulation, continuing to dump pollution into Michigan’s ground and surface water.

Now the Michigan Supreme Court has held that EGLE acted within its authority to amend the CAFO General Permit. Stronger permit terms will take effect immediately. Litigating every attempt to reduce factory farm pollution is standard procedure for Farm Bureau and industrial ag, but this time, thanks to Michigan’s spirited defense of our freshwater heritage, they failed.

FLOW has vigorously supported AG Nessel and EGLE in their defense of the 2020 permit, including submitting an amicus curiae (friend of the court) brief to the Michigan Supreme Court in partnership with the Environmental Law and Policy Center, the Michigan Environmental Council, the Environmentally Concerned Citizens of South Central Michigan, Freshwater Future, Food and Water Watch, the Michigan League of Conservation Voters, and the Alliance for the Great Lakes.

FLOW looks forward to prompt issuance of a more protective 2025 CAFO General Permit, so that Michiganders may begin to make up some of the ground lost on water quality due to this procedural odyssey. FLOW and its many supporters and allies remain committed to this goal, and we are grateful for the leadership of AG Nessel, Gov. Whitmer, and EGLE in this fight.

Policy Brief: The hidden environmental and economic costs of anaerobic digesters and biogas

Published on July 22nd, 2024 by - Blog Posts, Reports & Media Releases

 

Policy Brief: Impacts of Anaerobic Digesters (PDF)

 

Anaerobic digesters are facilities that decompose organic waste, separating biogas from solids and liquids, called “digestate.” Biogas can be used on-site or processed into purified pipeline-grade biomethane for electricity or transportation. On confined animal feeding operations (CAFOs), a biodigester may be a cover on a cesspit. After the methane is captured, CAFO operators dump untreated digestate full of heavy metals and biological hazards like thermotolerant E.coli onto farm fields as “fertilizer.”

In this policy brief from FLOW, we break down the unintended environmental and economic impacts of anaerobic digesters, and the hidden costs of biogas production. We also make recommendations for how the state of Michigan should regulate digesters to protect our groundwater, and ultimately, the Great Lakes.