Tag: FLOW

Detroit Spirit and Community Leader Passes Away

Published on July 9th, 2014 by - H2Olson

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 Detroit’s residents and poor neighborhoods. Our hearts, blessings, and sympathy, go out to Charity, her husband, family, and friends. This is a loss hard to take, but her vision for Detroit must be honored and hopefully transformed into the preservation of Detroit’s water as public with the right to water for all residents for their needs and health.

Details of arrangements will be forthcoming.

Support for services can be directed to Gofundme.com

Barlow raises Detroit water shutoffs on CBC National and in The New York Times

Published on July 9th, 2014 by - H2Olson

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 Council of Canadians helped launched a formal complaint against Detroit’s water department to the United Nations. Three UN experts agreed saying for those who cannot pay denying access to water is a human rights violation. Barlow also plans to take this matter to the White House.”

In that CBC news report, Council of Canadians chairperson Maude Barlow says, “It’s as clear a human rights abuse as I’ve seen even in very poor countries. In my opinion it’s a social crime and it’s an appalling thing to do in the heat of summer.”

Additionally, the New York Times reports today, “‘I’ve seen water problems in poor countries and the third world’, said Maude Barlow, the board chairwoman of the nonprofit Food and Water Watch. ‘But I’ve never seen this in the United States, never.'”

To watch the CBC news report, click here.

The New York Times article can be found here.

Further reading
Violations of the right to water in Detroit highlighted, UN responds.

Council of Canadians to organize water convoy to Detroit.

 

Waukesha Presses First Test of Great Lakes Water Compact

Published on July 9th, 2014 by - News

Click here to read the article on circleofblue.org

By Kaye LaFond

July 9, 2014

WAUKESHA, WI — There was a time in the late 19th and early 20th centuries when this southeast Wisconsin town was known throughout the Great Lakes Basin for its ample supplies of pure water. The aquifers underlying the forests and meadows served up water of such taste and compelling clarity that local spas marketed the health restoring qualities to city dwellers in nearby Milwaukee and Chicago.

A century later Waukesha is a much bigger city and its water supplies are again attracting considerable attention from its Great Lakes neighbors.

After decades of suburban and industrial growth Waukesha’s deep groundwater aquifers are contaminated and becoming exhausted. Almost a year ago, in October 2013, the city of nearly 71,000 residents formally proposed to fix its groundwater water supply problem by tapping surface water from Lake Michigan provided by the water treatment plant in Oak Creek, another Milwaukee suburb, 31 miles to the east.

The amount of water that Waukesha is ready to buy and have transported in a pipeline is 10.1 million gallons a day, or 1 millionth of 1 percent of the total supply of water in the Great Lakes, according to city figures. But that seemingly trivial withdrawal has stirred a legal, environmental, and potential diplomatic tempest in the Great Lakes Basin. The reason: In seeking water from Lake Michigan, Waukesha’s proposal has become the first formal test of the water diversion rules under the 2008 Great Lakes-St. Lawrence River Basin Water Resources Compact.

The agreement involving eight states, two Canadian provinces, and two federal governments banned diversions of water outside of the Great Lakes watershed. But the compact included an exception for cities within counties that straddled the watershed boundary. One of those cities is Waukesha, which lies within the Mississippi River Basin; about 1.5 miles west of the Great Lakes watershed divide.

Dan Duchniak, the general manager of the Waukesha Water Utility, is well aware of the precedent his city may be setting. But Waukesha’s options, he asserts, are limited. “If the application for Great Lakes water would be rejected in full or in part,” Duchniak says, “the city would need to move to one of its alternatives, which would be a combination of two of three sources described in our application: shallow wells; deep wells; or river bank inducement [wells along the Fox River].”

Waukesha, Wisconsin sits just a few miles west of the Great Lakes watershed border. Because Waukesha County lies partially within the basin, the City of Waukesha has the right to apply to purchase Lake Michigan water from the city of Oak Creek.

Dave Dempsey, a long-time environmental advocate and the award-winning author of “Great Lakes for Sale,” argues that Waukesha’s application doesn’t meet the requirements for exceptions provided in the Great Lakes Compact. The amount of water Waukesha seeks is 45 percent more than it uses now and is designed to allow the city’s sprawling growth pattern to expand.

“Waukesha’s proposal goes beyond what is needed to address legitimate public health concerns,” Dempsey says. “If approved, it will set an unfortunate precedent for implementation of the compact. Great Lakes diversions for urban sprawl could open the door for other diversion demands that could threaten the unity of the Great Lakes states.”

“If Waukesha is not required to downscale its proposal,” Dempsey adds, “the decision will signal that the region’s decision makers are not as serious as they need to be in conserving Great Lakes water.”

A Historic Water Agreement At Center of Continent

The Great Lakes Compact, signed by President George W. Bush in 2008, is intended to protect the Great Lakes from what its authors called “overspending.” The agreement came in response to several proposals at the turn of the 21st century from international companies to ship Great Lakes water out of the basin in tankers and in bottles.

Under the compact, the eight Great Lakes states and two Canadian provinces agreed to adopt water conservation plans and to abide by strict rules for allowing and managing diversions of Great Lakes water. The compact recognizes the lakes as a shared resource, which no single state owns, but of which all states are stewards. A defining feature of the compact is its emphasis on using regional cooperation to manage the lakes as a single ecosystem.

The agreement’s primary provisions are aimed at minimizing the amount of Great Lakes water that is unnaturally diverted out of the Great Lakes basin, never to return to the lakes. There are limited exceptions for communities, like Waukesha, that straddle the basin boundary and may be allowed to divert water for public use if they 1) return unconsumed water to the basin after use, 2) show that the need for the diversion cannot be avoided through conservation and efficient use of existing water supplies, and 3) show that the diversion will not hurt water quality or quantity. Such diversions require the approval of all eight Great Lakes governors.

Case For Diversion

Waukesha is busy making its case for such a diversion. The city’s water supply relies mainly on wells which draw from aquifers deep underground. Over the past century, the level of the deep aquifer water table has dropped by about 500 feet and continues to drop at a rate of 5 feet to 9 feet annually.

Not only has the groundwater been depleted, it has become more and more affected by pollutants like salt and radium, which have dramatically increased in concentration. The city is under legal obligation to fall into compliance with federal radium standards by the year 2018.

Waukesha draws its water from deep wells that are becoming contaminated with salt and radium.

None of the city’s alternative water supplies are exactly ideal. While the use of shallow surface aquifers has been discussed, there are 4,000 acres of wetlands near the proposed shallow drilling area that may be harmed. Drawing from the Fox River also poses environmental issues. The method involves sucking water through the soil just adjacent to the river.

The city asserts that its best option is to purchase an annual average of 10.1 million gallons per day from Oak Creek, which lies within the Great Lakes basin and ultimately obtains its supply from Lake Michigan. That is 3.15 million gallons per day more than it currently uses.

In the documents justifying the diversion the city asserts that its population will grow to 97,400 by 2050, and it also needs to make provisions for supplying water to new industries. But water use by industrial companies, which reached 4.1 million gallons per day in 1980, has dropped to 900,000 gallons daily, a nearly 80 percent reduction, according to city reports.

Waukesha residents support the city’s application, which is being reviewed by the Wisconsin Department of Natural Resources. “Our new mayor was elected on a platform that included obtaining Great Lakes water for the water supply. He won receiving 62 percent of the vote,” says Duchniak. “Opposition to the water sale has primarily come from outside of the City.”

Jim Olson, a lawyer specializing in water law and founder of FLOW, a Great Lakes law and policy center in Traverse City, MI, is among the critics. “The reason for the exception for straddling communities was to meet their fundamental needs, not as an artifice to expand and grow other communities outside the basin,” Olson says. “The Great Lakes by Supreme Court law are held by the states, and under the compact, as a public trust for public trust purposes like boating, swimming, navigation, fishing and health or sustenance of those who live in the basin. This means the water can’t be transferred outside the basin as if it was a commodity for non-public trust purposes.”

Kaye LaFond, a recent graduate of Michigan Tech, is designing graphics and reporting this summer from Circle of Blue’s Traverse City office.

FLOW signs-on to Letter Requesting Survey of Pipelines Crossing Michigan’s Waters

Published on July 9th, 2014 by - News

A letter sent to the Pipeline and Hazardous Materials Safety Administration included with the authorized signatures of…

Anglers of the Au Sable • Clean Water Action • Detroit Riverkeeper • Dwight Lydell Chapter Izaak Walton League of America • FLOW (For Love of Water) • Friends of the AuGres-Rifle Watershed • Flint River Watershed Coalition • Friends of The Boyne River • G.R.E.A.T (Grand River Environmental Action Team) • Grand Valley Metro Council • Great Lakes Council of the International Federation of Fly Fishers, Inc. • Great Lakes Environmental Law Center • Gull Lake Quality Organization • Huron River Watershed Council • Les Cheneaux Watershed Council • Michigan Environmental Council • Save the Wild U.P. • Michigan Land Use Institute • Michigan League of Conservation Voters • Michigan Trout Unlimited • Miller-Van Winkle Chapter Trout Unlimited • Muskegon River Watershed Assembly • Saginaw Field and Stream Club • National Wildlife Federation • respectmyplanet.org • • Sierra Club Michigan Chapter • Sturgeon For Tomorrow •The Watershed Center ~ Grand Traverse Bay • Tip of the Mitt Watershed Council • Upper Black River Council • Upper Peninsula Environmental Coalition • West Michigan Environmental Action Council

The Honorable Cynthia I. Quarterman

Administrator Pipeline and Hazardous Materials Safety Administration

U.S. Department of Transportation

East Building, 2nd Floor

1200 New Jersey Ave.,SE

Washington, DC 20590

Director Linda Daugherty

Pipeline and Hazardous Materials Safety Administration

Office of Pipeline Safety

Central Region Office

901 Locust Street, Suite 462

Kansas City, MO 64106

July 7, 2014

RE: Water Crossing Survey of Michigan Pipelines

Dear Administrator Quarterman and Director Daugherty:

The undersigned organizations hereby request that the United States Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) conduct a water crossing study to evaluate the risk of ruptures and leaks in all sections of pipeline that cross Michigan’s rivers, streams, and lakes.

The Great Lakes represent one-fifth of the world’s fresh surface water. Forty million people rely on the Great Lakes for their drinking water, and millions more benefit from the commerce and business that depend on the waters of the Great Lakes.

Michigan is the Great Lakes state with more freshwater coastline than any other state in the nation. Our lakes, rivers, and streams define not only our boundary but also provide a path to environmental, economic, and social progress. The health of the people of Michigan, our economy, and our quality of life depends on clean water. The Great Lakes ecosystem provides unparalleled recreational and economic opportunities to the 10 million people that call Michigan home. Studies show that the Great Lakes provide Michigan with 823,000 jobs that represent nearly 25 percent of Michigan’s payroll. Additionally, Great Lakes tourism generates billions of dollars each year from those who spend leisure time around our lakes and streams.

Pipelines crossing Michigan’s rivers, streams, and Great Lakes put these resources at risk – threatening our health and economic viability. These treasures demand increased attention from the Pipeline and Hazardous Material Safety Administration to accomplish its pipeline safety mission by ensuring the safety of pipeline crossings in Michigan waterways.

We request that PHMSA conduct a water crossing survey of Michigan pipelines to:

  • Develop a comprehensive map of pipeline waterway crossings;
  • Determine the status of all existing pipelines running underneath Michigan’s water bodies;
  • Evaluate the pipeline integrity and risk of ruptures and leaks at each pipeline crossing; and
  • Outline what should be done to prevent future pipeline failures.

We request that PHMSA review all the documentation necessary to determine the status of all pipelines running under Michigan’s rivers, streams, and lakes. PHMSA should analyze and critique the structural integrity of each pipeline and the standards required at the time of installation of each pipeline to assess the risk of ruptures and leaks. The review should include a variety of factors including each pipeline’s age, thickness, and degree of corrosion; the condition and operation of all shut-off valves; the valve distances from the streams or rivers; what products the pipelines are carrying; the pipeline diameters and burial depth; and what pressures the pipeline products are under. It should also include identification of any critical information gaps that exist in the pipeline network within Michigan.

In addition, PHMSA should work directly with pipeline operators to complete the water crossing survey. PHMSA should request any and all information related to structural integrity and potential risks from pipeline operators whose infrastructure crosses a river, stream, or lake. PHMSA should also require that companies fill any critical information gaps found during the analysis. This may prompt operators to perform in-depth studies/analyses on all their major pipeline water crossings. All of this information can then be used to make recommendations to prevent any future failures that damage Michigan’s pristine rivers, streams, and lakes.

The state has various programs related to the regulation of pipelines. However, the Michigan Public Service Commission (MPSC) is the only state agency with direct regulatory authority over safety of pipelines. The MPSC’s authority is restricted to natural gas pipelines. All other safety-related authority, including jurisdiction of hazardous liquid pipelines, rests with PHMSA and preempts state regulation of safety factors. Therefore, it is incumbent upon PHMSA to fulfill its mandate and conduct a study to ensure the protection of Michigan’s citizens and environment from the risks that are inherent in the transportation of hazardous materials by pipeline.

The Great Lakes and inland waters are Michigan’s natural resource treasures; they shape our state, our lives, and our economy. The waters of Michigan have already suffered as a result of a July 26, 2010 pipeline rupture that released an estimated 843,000 gallons of crude oil into Talmadge Creek and the Kalamazoo River, a Lake Michigan tributary. It is imperative that history not be repeated elsewhere in Michigan. It is critical to ensure the integrity of pipelines at major water crossings that affect rivers, streams, and lakes in Michigan. To do this, PHMSA must compile a comprehensive inventory of pipelines at water crossings and determine if they are currently safe.

Therefore, the undersigned organizations formally request that the United States Department of Transportation, Pipeline and Hazardous Materials Safety Administration conduct a water crossing survey of Michigan pipelines.

If you have any questions regarding this request or would like to discuss further, please contact Jennifer McKay at Tip of the Mitt Watershed Council at (231) 347-1181 or by email at jenniferm@watershedcouncil.org.

Sincerely,

Bruce Pregler President Anglers of the Au Sable

Nic Clark Michigan Director Clean Water Action

Robert Burns Detroit Riverkeeper

Duane De Vries President Dwight Lydell Chapter Izaak Walton League of America

Rebecca Fedewa Executive Director Flint River Watershed Coalition

Liz Kirkwood Executive Director FLOW (For Love of Water)

Jacque Rose Co-Founder Friends of the AuGres-Rifle Watershed

Carl J Wehner President Friends of The Boyne River

Kenny Price President G.R.E.A.T (Grand River Environmental Action Team)

Wendy Ogilvie Director of Environmental Programs Grand Valley Metro Council

Jim Schramm President Great Lakes Council of the International Federation of Fly Fishers, Inc.

Nick Schroeck Executive Director Great Lakes Environmental Law Center

Susan Houseman Vice President Gull Lake Quality Organization

Laura Rubin Executive Director Huron River Watershed Council

G.K. Herron Treasurer Les Cheneaux Watershed Council

James Clift Policy Director Michigan Environmental Council

Hans Voss Executive Director Michigan Land Use Institute

Erica Bloom Policy Manager Michigan League of Conservation Voters

John Walters Vice Chairman Michigan Trout Unlimited

Gregory Walz President Miller-Van Winkle Chapter Trout Unlimited

Gary A. Noble Executive Director Muskegon River Watershed Assembly

Andy Buchsbaum Director, Great Lakes Office National Wildlife Federation

Matt Wandel Founder & Managing Director respectmyplanet.org

Alexandra Thebert Executive Director Save the Wild U.P.

Anne Woiwode State Director Sierra Club Michigan Chapter

Brenda Archambo President Sturgeon For Tomorrow

Christine Crissman Executive Director The Watershed Center ~ Grand Traverse Bay

Gail Gruenwald Executive Director Tip of the Mitt Watershed Council

Carol Moncrieff Rose Chair Upper Black River Council

Nancy Warren Acting President Upper Peninsula Environmental Coalition

Nicholas Occhipinti, MPP Policy and Community Activism Director West Michigan Environmental Action Council

Mike Meyer President Saginaw Field and Stream Club

cc: Rick Snyder, Governor, State of Michigan

Dan Wyant, Director, Michigan Department of Environmental Quality

Bill Schuette, Attorney General,

State of Michigan State of Michigan Congressional Delegation

Allan Beshore, CATS Manager, PHMSA Harold Winnie, CATS Manager, PHMSA

Harold Winnie, CATS Manager, PHMSA

New York Times: Going Without Water in Detroit

Published on July 3rd, 2014 by - News

Click here to read the article on NYtimes.com 

By Anna Clark

DETROIT — A FAMILY of five with no water for two weeks who were embarrassed to ask friends if they could bathe at their house. A woman excited about purchasing a home who learned she would be held responsible for the previous owner’s delinquent water bill: all $8,000 of it. A 90-year-old woman with bedsores and no water available to clean them.

These are the stories that keep Mia Cupp up at night.

Ms. Cupp is the director of development and communication for the Wayne Metropolitan Community Action Agency, a nonprofit contracted by the state of Michigan to work as a human-services agency for Detroit. In August 2013, with a $1 million allocation, Wayne Metro became the only program to assist residents with water bills. Ms. Cupp quickly learned that this was “by far the greatest need.”

In January alone, Wayne Metro received 10,000 calls for water assistance, many of them referred directly by the Detroit Department of Water and Sewerage. It supported 904 water customers over 10 months before exhausting its funding in June. Ms. Cupp said Wayne Metro still gets hundreds of calls a day from residents. But it has no way to help them, and nowhere to refer them.

Detroit borders the Great Lakes system, containing 21 percent of the world’s surface freshwater. The lakes are the source of the city’s water supply, but a growing number of residents can’t turn on the tap. Over the past three months, the water department has conducted an aggressive shut-off campaign to get more than 90,000 customers to pay $90.3 million in past-due bills. Between March 25 and June 14, 12,500 Detroit customers had their water shut off.

The average monthly water bill in Detroit is $75 for a family of four —nearly twice the United States average — and the department is increasing rates this month by 8.7 percent. Over the past decade, sales have decreased by 20 to 30 percent, while the water department’s fixed costs and debt have remained high. Nonpayment of bills is also common. The increasing strain on the department’s resources is then passed on to customers.

But residents aren’t the only ones with delinquent accounts. Darryl Latimer, the department’s deputy director, told me that the State of Michigan holds its biggest bill: $5 million for water at state fairgrounds. (The state disputes the bill, arguing that it’s not responsible for the costs of infrastructure leaks.)

A local news investigation revealed that Joe Louis Arena, home of the Detroit Red Wings, owed $82,255 as of April. Ford Field, where the Detroit Lions play, owed more than $55,000. City-owned golf courses owed more than $400,000. As of July 2, none had paid. Mr. Latimer said the Department of Water and Sewerage would post notice, giving these commercial customers 10 days to pay before cutting service. But he did not say when.

And in the meantime the city is going after any customers who are more than 60 days late and owe at least $150.

The department reports that 60 percent of its customers pay in full or begin a payment plan within 24 hours of a shut-off, and water service is reinstated. Mr. Latimer said that this proved that many could afford their bills, and simply weren’t paying them.

The city of Detroit, which filed for bankruptcy protection a year ago, certainly has not just the right but the obligation to demand payment of outstanding bills.

But cutting water to homes risks a public health crisis.

Instead, the water department should more aggressively target delinquent commercial customers who carry a large share of the unpaid bills. It should enact a comprehensive plan to fix leaking pipes; flooded streets are common here, and water customers — whether the state or ordinary residents — must pay for sewerage, not just running water, and often are billed erroneously for these leaks.

The department must also ensure that water is shut off to abandoned buildings, and eliminate errors in address transfers. Mr. Latimer explained that the department used addresses rather than names as the collectible agent on an account — a problematic practice in a city of 80,000 vacancies,rife with foreclosures.

Ms. Cupp said that the average bill for the residents Wayne Metro has helped was $1,600; she saw one as high as $10,000. The water department’s standard payment plan requires at least a 30 percent down payment. This is out of reach for many. To increase participation, the department should eliminate the down payment, as well as the $30 reconnection fee it charges.

The department went on the record with local news organizations last week, saying that it would introduce a financial-assistance program on July 1 in partnership with a nonprofit, the Heat and Warmth Fund, and would use more than $800,000 in funds collected through 50-cent donations on monthly bills.

This was good news, but the announcement was premature. On July 1, a representative for the nonprofit said the program might not be operational until August. Meanwhile, Ms. Cupp said Wayne Metro had asked the water department to stop giving out its number to needy customers until it could get additional funding.

Mr. Latimer said that mass shut-offs were the only way to find the shirkers: Those who can pay will do so quickly. But their neighbors are left to fill jugs of water at the homes of friends or at fire hydrants to meet basic needs. Even for a city that has grown accustomed to limited city services, like streetlights and police response times, this is a new low.

“I’ve seen water problems in poor countries and the third world,” said Maude Barlow, the board chairwoman of the nonprofit Food and Water Watch. “But I’ve never seen this in the United States, never.”

Anna Clark is a freelance journalist and the editor of “A Detroit Anthology.”

Environmental groups demand Governor and State take immediate action to protect the Great Lakes from hazardous Enbridge Mackinac Straits oil pipeline

Published on July 2nd, 2014 by - Reports & Media Releases

July 2, 2014

FOR IMMEDIATE RELEASE

Contact: Liz Kirkwoood, Executive Director

231 944 1568 or liz@flowforwater.org

 Michigan Governor Snyder urged to exercise full authority over Enbridge Pipeline No. 5 under public lands easement agreement and Great Lakes Submerged Land Act 

Traverse City – 17 Conservation, water and environmental groups and the Little Traverse Bay Bands of Odawa Indians today sent a letter to Michigan Governor Rick Snyder urging greater state action to regulate Enbridge Pipeline No. 5. The 61 year-old pipeline transports nearly 23 million gallons of crude oil and other petroleum products under the Straits of Mackinac each day.

The letter points out potential violations in operations and public disclosure requirements established by Public Act 10 of 1953 and the Great Lakes Submerged Land Act. Public Act 10 granted the Michigan Department of Conservation public trust authority to allow this particular easement on public trust bottomlands and waters of the Great Lakes provided they are “held in trust.”

The letter cites the lack of disclosure and transparency by Enbridge and the failure of the State of Michigan to enforce accountability and compliance consistent with the requirements of the public trust in the waters and bottomlands of the Great Lakes.

“The lack of information leaves too many questions; it makes it impossible to truly assess the risk of a devastating crude oil spill under the Straits of Mackinac, “said Liz Kirkwood, Executive Director of FLOW and a principal author of the report. “For instance, the 1953 easement agreement sets the maximum operating pressure of pipeline No. 5 at 600 psig. Data from the federal Pipeline and Hazardous Materials Safety Administration (PHMSA), show that Enbridge’s maximum operating pressure significantly exceeds 600 psig, and instead typically runs at nearly twice the allowed pressure at about 1000-1250 psig. We have to get to the bottom of this and other crucial safety questions. ”

 Enbridge had a catastrophic spill on its pipeline near the Kalamazoo River in 2010, causing severe environmental impacts and massive cleanup costs.

“We urge you, the Attorney General, and Department of Environmental Quality (DEQ) to fully assert your authority under the easement, Public Act 10 of 1953, the GLSLA, and public trust law to ensure that any use by Enbridge of Line 5 under the Straits does not, and will not likely, subordinate, interfere with, or impair these public trust waters and bottomlands or the public use and enjoyment of these waters  so essential to the quality of life and economy of Michigan,”  the letter states.

The groups praised the Michigan Attorney General and the Department of Environmental Quality for their joint April 29, 2014 letter to Enbridge. Recognizing that the Straits pipeline present a “unique risk” and an overwhelming magnitude of harm to the Straits, Lake Michigan-Huron, the ecosystem, and the public and private use and enjoyment that depend on them, the Attorney General and DEQ demanded that Enbridge provide critical detailed information about:  pipeline construction, modification, useful life and replacement, (2) existing and potential future uses of the pipelines, (3) pipeline inspection, (4) pipeline leak prevention, detection, and control, (5) contingency planning and spill response, (6) compliance with easement terms, and (7) access to Enbridge records under the easement.

“We appreciate the recognition by the Attorney General and the DEQ of the State’s public trust or stewardship responsibilities to protect these waters, bottomlands, and public uses from potential harm and risk associated with Line 5,” said Jim Olson, founder of FLOW, a Great Lakes water policy center. “But even if Enbridge complies with the requests of the Attorney General and DEQ in this letter, it will not have fully complied with the terms of the easement, Public Act 10, the GLSLA, or public trust law that protects the integrity of the Straits and Great Lakes.”

In the April 29 letter, the Attorney General and the DEQ state, “Strong currents in the Straits could rapidly spread any oil leaked from the pipelines into both Lakes Huron and Michigan, causing grave environmental and economic harm. Efforts to contain and clean up leaks in this area would be extraordinarily difficult, especially if they occurred in winter or other severe weather conditions that commonly occur at the Straits.” These currents could rapidly move this oil spill plume throughout Lake Michigan-Huron.

“The Great Lakes supply drinking water to 42 million people,” said Howard Learner, Executive Director of the Environmental Law & Policy Center. “We can’t afford another potential Enbridge oil pipeline spill like what happened in the Kalamazoo River.   Let’s work to try to prevent another costly disaster. All of the Great Lakes states have a vital stake in avoiding oil spill hazards in the Straits of Mackinac.”

The letter urges the Governor, Attorney General and DEQ to fully exercise authority under the easement, Public Act 10 of 1953, the GLSLA, and public trust law to ensure that any use by Enbridge of Line 5 under the Straits: “does not, and will not likely, subordinate, interfere with, or impair these public trust waters and bottomlands or the public use and enjoyment of these waters – so essential to the quality of life and economy of Michigan.”

The letter enumerates four necessary next steps:

  1. Submit the information the AG and DEQ requested in their April 29 letter and make such information available to the public;
  2. Disclose in detail all oil and other liquids or substances that have been, are, or will be transported through Line 5 pipelines under the Straits;
  3. File a conveyance application for authorization from the DEQ under the GLSLA and public trust law, coupled with a comprehensive analysis of likely impacts on water, ecosystem, and public uses in the event of a release, and demonstrate that Line 5 will conform with the State’s perpetual public trust duties and standards for occupying and using the waters and bottomlands of the Straits and Lake Michigan-Huron; and
  4. Achieve full compliance with all express terms and conditions of the easement.

Enbridge recently increased Line 5 pipeline product flow under the Straits by 10 percent from 490,000 to 540,000 barrels per day, or 2.1 million gallons per day. Enbridge increased Line 5’s pipeline pressure by 20 percent, depending on the viscosity of the product being pumped and transported.  Enbridge has increased the transport of oil in this aging 61-year-old pipeline containing heavy oil characteristics or compounds from tar sands.

“The effects of a catastrophic spill under the Straits would devastate the tourism industry so vital to the economy of northern Michigan,“ said James Clift, Policy Director of Lansing-based Michigan Environmental. The effects of a catastrophic spill under the Straits would devastate the Straits and Mackinac Island as an international attraction, the tourism industry so vital to the economy of Michigan.”

The State of Michigan has not yet conducted a proper public trust analysis under common law, the GLSLA, Constitution or Michigan Environmental Protection Act (“MEPA”). Mandatory evaluation is required under the law to determine whether or not the occupancy and use by Enbridge of Line 5 is “likely to pollute, impair or destroy the air, water or other natural resources or the public trust in these resources,” according  to Kirkwood.  In other words,  Enbridge must affirmatively prove that this five-mile submerged pipeline,  with its recent oil and product changes and increased volume and pressure will not likely harm public trust waters, the ecosystem, and uses for fishing, commerce, navigation, recreation, and drinking supplies that depend on these waters.

“Michigan residents need to get active and make it known they demand accountability,” said Jim Lively, Michigan Land Use Institute.

Environmental and conservation advocates have long been frustrated by the lack of information available about Line 5. The letter points out that the public trust requires complete transparency, disclosure, and accountability on the part of Enbridge. The State of Michigan has unfettered authority to demand such transparency, disclosure, and accountability.

The Great Lakes hold 20 percent of the world’s fresh surface water.

A copy of the full letter is available here.

# # #

FLOW is the Great Lakes Basin’s only public trust policy and education 501(c)(3) nonprofit organization. Our mission is to advance public trust solutions to save the Great Lakes.


FLOW Takes Lead Authoring Line 5 Letter to Governor: Elevating the Public Trust Duty to Protect the Great Lakes

Published on July 2nd, 2014 by - News

On July 1, 2014, FLOW, along with sixteen other conservation, water, and environmental groups and the Little Traverse Bay Bands of Odawa Indians submitted a letter to Michigan Governor Rick Snyder, urging him to address Enbridge’s 61 year-old Line 5 oil pipelines located under the Straits of Mackinac in Lake Michigan-Huron. The letter addressed Enbridge’s lack of transparency and disclosure regarding its current use of Line 5, as well as the Company’s compliance record with the terms and conditions of the 1953 easement and agreements it made under Act 10, P.A. 1953, the Great Lakes Submerged Lands Act (“GLSLA”), and public trust law.

State’s Perpetual Public Trust Duty to Protect Great Lakes

As the State’s primary trustee of the Great Lakes public trust waters and bottomlands, Governor Snyder has the solemn perpetual duty to ensure that the actions of both public and private parties are not likely to harm this shared resource. This means that the State must ensure uninterrupted use for fishing, commerce, navigation, recreation, and drinking supplies for future generations.

Letter’s Requests to the Governor

The signatories have asked that the Governor exercise his broad legal authority to demand that Enbridge:

  1. Submit the information the Attorney General and the Department of Environmental Quality requested in their joint April 29 letter and make such information available to the public.
  2. Submit detailed information regarding the product contents, use, and safety of Pipe Line 5.
  3. File a conveyance application under the GLSLA.
  4. Achieve full compliance with all express terms and conditions of the easement.

Enbridge’s Track Record

Since 1999, Enbridge has been responsible for over 800 oil spills, leaking a total of 6.8 million gallons of oil into the environment. Michiganders will remember Enbridge’s catastrophic Line 6B pipeline spill along a 35-mile stretch of the Kalamazoo River, discharging some one million gallons of heavy tar sands oil and resulting in a $1 billion cleanup cost. Enbridge’s Lack of Disclosure Raises Questions About Compliance with 1953 Easement Based on Enbridge’s track record and the ecologically sensitive location of Line 5 in the Straits of Mackinac, the signatories urged the State to take swift and meaningful action to ensure full compliance with the terms of the easement and the long-term protection of the Great Lakes. A review of the 1953 easement revealed a lack of transparency, disclosure, and compliance with the following expressed terms and conditions:

  1. Maximum Operating Pressure (MOP): The MOP of the pipeline is 600 pounds per square inch gauge (psig). Recent data raises questions as to whether or not Enbridge is adhering to this pressure requirement.
  2. Complete Records of Oil: Under the terms of the easement, The State of Michigan has express authority to require Enbridge to disclose and make available complete records of oil and all other substances being transported in the Line 5 pipelines.
  3. Maximum Span of Unsupported Pipeline: The records are incomplete as to whether or not Enbridge has complied with the 75 foot maximum span of unsupported pipeline requirement. Enbridge’s recent “maintenance” DEQ permit requests to place anchoring supports on the bottomlands of the lakes raises questions about full compliance with this easement term.
  4. Maximum Curvature Requirement: Enbridge should disclose current data showing that no section of Line 5 violates the maximum curvature requirement of a 2050 foot radius, as specified in section A(4) of the the 1953 easement.
  5. Adequacy of Liability Insurance Provision: The term of the easement requires that Enbridge maintain at least $1 million in insurance coverage. However, the $1 billion cost associated with the breach of Line 6B along the Kalamazoo River raises serious questions regarding the sufficiency of the protection offered by the 1953 easement.

The absence of such information – all of which is mandatory though Public Act 10 of 1953, the 1953 easement, the GLSLA, and the public trust doctrine – makes it impossible to truly assess the risks and ramifications of a devastating crude oil spill in the heart of the Great Lakes. Moreover, as trustee of the Great Lakes, the State of Michigan and its agencies have unfettered authority under the GLSLA and public trust law to demand that Enbridge provide such transparency, discloser, accountability, and compliance.

Next Steps

Line 5 is a Michigan and Great Lakes public trust issue, not a partisan one. The time to act is now given the age of the pipeline and Enbridge’s recent efforts to increase Line 5’s capacity and a change in product to synthetic crudes. Public trust authority empowers the state to require Enbridge to disclose all relevant information on Line 5 and provide much needed transparency and accountability. This, in turn, will  ensure our common waters are protected for current and future generations.

Given the gravity of this situation, all signatories of the letter have asked to meet with Governor Snyder to discuss the aforementioned desired actions at his earliest convenience. Below is the list of groups that have signed-on to this letter.

  • Michigan Environmental Council (MEC)
  • For Love of Water (FLOW)
  • Environmental Law and Policy Center (ELPC)
  • Michigan Land Use Institute
  • League of Conservation Voters (LCV)
  • Freshwater Future
  • Northwest Michigan Environmental Action Council (NMEAC)
  • Concerned Citizens of Cheboygan and Emmet Counties
  • Article 32.org
  • Michigan Citizens for Water Conservation (MCWC)
  • Michigan Resource Stewards
  • SURF Great Lakes.org
  • Straits Area Concerned Citizens for Peace, Justice and the Environment (SACCPJE)
  • TC350.org
  • The Watershed Center Grand Traverse Bay
  • West Michigan Environmental Action Council (WMEAC)
  • Little Traverse Bay Bands of Odawa Indians
  • Straits Area Audubon Society

Click here to read the letter to Governor Snyder

Click here to read the Press Release

News Articles

AP News Article 

ABC12 News Article

Detroit News Article 

Toledo News Now Article 

The State News Article

WGVU News Article

FLOW attends Northern Michigan Pipeline Symposium

Published on June 30th, 2014 by - H2Olson

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 followed after presentations form PHMSA, Enbridge, and the EPA.

The symposium was structured with a very controlled design. Enbridge along with a number of overlapping agencies and advocacy groups welcomed discussion at tables outside the auditorium before the event started. It was hard to see Enbridge’s table as they were crowded with protesters and students from MI-CATS (Michigan Coalition Against Tar Sands) calling out claims against the energy company. Amongst the 2 bodyguards present with Enbridge, a nervous demeanor was apparent in the shaky voice of their representatives.

Allan Beshore was the first speaker to present. He represented the US Dept of Transportation’s PHMSA (Pipeline and Hazardous Materials Safety Administration) group and provided an explanation of PHMSA’s involvement with the oil and gas industry. The jolly Kansan kept his talk simple and bland with factual information. Allan’s message was that PHMSA is not just a regulating entity but also a group that has a mindset towards providing stewardship to affected communities. Interestingly enough, Allan did note during his presentation that corrosion and equipment failure historically have been the largest occurrence to pipeline breaks.

When Brad Shamla, Enbridge Energy’s Vice President of North American operations took the stage he was met with dissatisfying boo’s from the crowd. Brad focused on the history of Enbridge and made it clear that they have learned a lot from the Kalamazoo spill in 2010. He made sure to underline the fact that Enbridge has invested millions in new green energy technology, safety measures, and attempts to improve the image and culture of their company since the spill in 2010. It was evident that Enbridge wanted to portray their effort to increase public awareness and community outreach also. Thematically the presenters held to a “trust us mentality” assuring citizens they have improved systems since the Kalamazoo oil spill. Yet, nothing seemed too compelling or new in Brad’s talk. While Enbridge has largely grown its employment over the last 4 years, only 250 jobs will be created in Michigan from their proposed pipeline 5 work.

Ralph Dollhopf an on-scene coordinator from the EPA was the last to speak. Ralph discussed the oil and hazardous substance national contingency plan. Reviewing the steps of the process towards executing the plan in the event of a spill.  Concerns about tar sands sinking or floating in water were addressed time and again as Ralph based his explanation off the fact that “weathering factors” play a large role in determining sink/float characteristics of oil. This makes it hard to determine any universal cause plan for a spill without knowing the characteristics of the body of water it occurs in.

Initiating the Q & A session 15 people took the stage representing:

Enbridge

American Petroleum Institute

PHMSA- Pipeline Hazardous Materials Safety Administration

US Environmental Protection Agency

Coast Guard

Michigan Department of Environmental Quality

Michigan Public Service Commission

Tri-County Emergency Management

Regional Health Department

Marine Pollution Control

Pipeline Safety Trust

Michigan Environmental Council

Tip of the Mitt Watershed Council

Panel questions were predetermined and due to time constraints limited to addressing only a portion of all the questions. Enbridge’s V.P. provided open-ended answers and vague clarifications to most questions as the large majority were directed at him. The rest of the representatives held true to a message of how prepared they are in the event of an oil spill. Bill Hazel, Director of Marine Services from Marine Pollution Control made a point that focus needs to not only be on post-spill contingency plans but also pre-spill. It was clear that there was a lack of preventative tools used to contain spills in the event of a pipeline break in the straights. Today in Mackinaw City there is less than 1 mile of boom ready for deployment in the event of a spill.

FLOW’s submitted question for the panel went relatively unaddressed. “Has Enbridge obtained authorization from DEQ under Part 325, Great Lakes Submerged Lands Act for placement and use of the pipeline”?  In response the DEQ avoided directly answering the question stating that the DNR holds the easement and little was known about it, while Enbridge held to the claim that pipeline 5 was grandfathered in under PA 10 back in the 1950s. To be blunt both spokesman seemed unprepared to answer any public trust questions.

In writing the narrative for the symposium a true lack of public transparency took shape in the thesis. If there is a necessity to move oil, pipelines seem to be the most efficient means and an agreement must be found to regulate them. Given Michigan’s immense wealth in the natural resource of water, public trust responsibility is very important. Enbridge Energy came to the event hoping to reassure the public that they are prepared for a potential pipe burst but did not answer anyone’s direct concerns. Enbridge is only looking to seek resolution based on their past history which acknowledges the public’s biggest fear of the energy company, another spill. Citizens left the symposium with more doubt unsure of what the future will hold; it’s the public’s Great Lakes and everyone has the right to know what is occurring in their waters.

A special thanks to Tip of the Mitt Watershed Council for organizing and running this event.

News coverage can be found here: Local NBC affiliate’s story   IPR Public Radio’s story 

UpNorthLive: Canadian power company proposes nuclear dump site near lake

Published on June 25th, 2014 by - News

Click here to read the article on upnorthlive.com

By Meghan Morelli

GRAND TRAVERSE CO. — Grand Traverse County commissioners are discussing a resolution that’s making its way around the state to stop a Canadian power company from potentially causing harm to the Great Lakes.

The resolution started with commissioners in Alger, Munising in the Upper Peninsula.  The purpose of the resolution is to stop the company from building an underground nuclear waste facility in Ontario.

The potential facility would be built on the site of the Bruce Power Plant, the largest nuclear facility in the world.  That site sits less than one mile from the Lake Huron shoreline.

The company would like to store low and intermediate level waste there, but those against it say it could drastically impact the Great Lakes that make up 21 percent of the world’s fresh water supply.

For Love of Water, FLOW, a Great Lakes water law and policy center says they’re behind the resolution to stop the company from doing this.

FLOW Executive Director, Liz Kirkwood, says it could have serious negative impacts on our drinking water and the ecosystem in the Great Lakes.

“It could contaminate this water supply that is the basis for our entire economy, fisheries, recreation, and drinking water,” said Kirkwood.

Kirkwood says there has never been a nuclear waste site like this on U.S. territory.

According to FLOW, the Michigan Senate unanimously passed a bill in resolution against this proposal earlier this month.  Senator Debbie Stabenow is also behind the resolution.

Grand Traverse County Administrator, Dave Benda, says he doesn’t expect that any action will be taken on the issue during Wednesday’s commission meeting.