Tag: For Love of Water

Securing Public Ownership of Our Water as a Human Right, Public Trust, and Defense against Privatization

By Liz Kirkwood

Water is life. It is the resource that not only keeps us alive, but also powers everything we do on this small blue planet. Living here in the Great Lakes, we are stewards of some 20 percent of the planet’s fresh surface water. It is an enormous gift and an enormous responsibility, particularly in the face of the global water crisis

Water access and equity issues are striking the poorest communities the hardest, leaving 2.2 billion people worldwide without access to water and 4.2 billion people without sanitation. The United Nations estimates that by 2025, 1.8 billion people will be living in countries or regions with water scarcity, and two-thirds of the world’s population could be living under water-stressed conditions.  

FLOW Executive Director Liz Kirkwood

Water insecurity and climate change, in turn, are fueling the increased economic value of water supplies, an alarming interest in the financialization and commodification of water, and accelerated privatization of public water infrastructure. 

For the first time ever, in December 2020, the Chicago Mercantile Exchange (CME) listed California water futures as an investment to be bought and sold like grain or oil. In 2021, a private equity hedge fund called Blue Triton purchased all of Nestlé’s U.S. water bottling operations except Perrier. These and other privatization efforts degrade the singular importance of water, risk what is essential to all life on this planet, and exacerbate growing global and regional inequities between rich and poor to access potable water supplies. 

To counter this privatization trend, the UN’s recent report titled, Risks and impacts of the commodification and financialization of water on the human rights to safe drinking water and sanitation, recommended “that States take urgent legal measures to prevent water, as a public good, from being managed in the futures markets as a financial asset under the speculative logic that presides over these markets, thereby avoiding the risks of price volatility and speculative bubbles that threaten the human rights to drinking water and sanitation of those living in conditions of poverty and vulnerability, the sustainability of aquatic ecosystems and the most vulnerable economies.” 

States and communities can accomplish this by resolutions, declarations, statutes and laws, or constitutional enactments or current ones, properly interpreted so that water remains in the public domain protected by public trust and commons principles.

In June 2021, the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago (MWRD) unanimously approved a resolution affirming water as a human right and expressing concern about the trend toward treating water as a commodity. The resolution also affirms that “the water of the Great Lakes … shall remain in the public trust for the people of the Great Lakes region.” Read FLOW’s coverage here.

This resolution promises to be a milestone in the looming controversy over the creation of water futures markets and to establish clear principles to guide public policy and investments in water system infrastructure priorities in communities across the Great Lakes Basin. The issue of ownership and sale of Great Lakes water is not on the horizon; it is already here at our doorstep.

FLOW seeks to promote and extend this affirmation in Michigan communities and others across the Great Lakes watershed. Traverse City, whose City Commission will consider the resolution at 7 p.m. on December 6,  has a unique opportunity and responsibility to join this movement to assure public ownership of water. The opportunity lies in securing newly available federal funding to beef up our public water infrastructure and to ensure clean drinking water, eliminate sewage overflows, protect shoreline and prevent beach closures as a result of E. coli contamination and other contaminants. The responsibility lies in demonstrating stewardship by avoiding the trap into which other communities have fallen by privatizing ownership of water services. This has led to dramatically higher water rates for customers and deteriorating maintenance of infrastructure. Keeping water public provides avenues for accountability and keeps decisions in our hands as residents and voters.

Now is the time to clearly articulate our community values and principles around protecting our water as a public commons as  we prepare to make long-term water infrastructure investments and build climate resilience in communities across the Great Lakes. 

Please Support Keeping Water Public in Traverse City
The Traverse City Commission will hold its regular meeting at 7 p.m. ET on Mon., December 6, 2021, at the Governmental Center, 400 Boardman Avenue, Traverse City, Mich.
New business on the agenda includes this resolution being advanced by FLOW: A Resolution Proclaiming Water and Sanitation as Basic Human Rights, and that Water Shall Remain in the Public Trust. Please plan to attend or, if you cannot, watch the livestream.

FLOW Celebrates 10 Years, Honors Jim Olson and Dave Dempsey

Traverse City, Mich.—FLOW is celebrating our 10th anniversary of keeping the Great Lakes public and protected and kickstarting the next 10 years.

Founded in 2011 by Jim Olson and directed since 2012 by Liz Kirkwood, both environmental attorneys, FLOW is a nonprofit law and policy center based in Traverse City dedicated to protecting the Great Lakes, groundwater, and drinking water for all. Independent and nonpartisan, FLOW works with the public and decision-makers to hold the government accountable in protecting and providing access to public waters.

Notable highlights of our 10th anniversary year and celebration include:

  • Tuesday, September 21, from 7:00-8:00 pm EDT—“Confluence”—FLOW’s marquee 10th anniversary event, live-streamed and emceed by dynamic Traverse City talent Ben Whiting. Free and open to the public, the online event will include a special honor for FLOW luminaries Jim Olson and Dave Dempsey, and promises a fun and fast-paced frolic through FLOW’s history and heroes, with special guests, and prize-drawings for Patagonia gear! Register here.
  • The addition of FLOW’s first-ever full-time legal director, an achievement many years in the making. Environmental attorney Zach Welcker joined FLOW in July, after more than a decade representing Indian tribes in the Pacific Northwest on water, fisheries, and other natural resource issues. Zach now carries the legal torch borne since 2011 on a part-time and volunteer basis by Jim Olson.
  • Video reflections by FLOW supporters, staff, and collaborators who have been instrumental to our work and shared successes over the past decade—meant to inspire everyone to join us in protecting freshwater for all. See the video series here.
  • Illustrated timeline of FLOW’s progress through the years in partnership with the public. See FLOW’s 10-year timeline here.
  • Webinars with FLOW staff and partners on Line 5, Great Lakes high water levels, groundwater threats, and artistic efforts to inspire the protection of freshwater. See the collection of recorded webinars here.
  • Release of a penetrating groundwater-protection reportDeep Threats to Our Sixth Great Lake: Spotlighting and Solving Michigan’s Groundwater Emergency—and fact sheet authored by Dave Dempsey and conveyed via webinar. See FLOW’s groundwater program page for more.

Reality Check: Line 5 Threatens More Jobs Than It Sustains

By Maude Barlow and Jim Olson

Jim Olson

Maude Barlow

Editor’s note: This opinion piece appeared originally in Canada’s National Observer.

The United States and Canada are not only close friends and neighbours, but are also committed to resolving their differences with civility and common purpose. The 112-year-old International Joint Commission (IJC), which prevents and resolves disputes over boundary waters, is an example of this special relationship. So is the groundbreaking agreement among Ontario, Quebec and the eight Great Lakes states to ban water diversions from these shared and treasured waters.

The two nations, however, are clashing over energy policy and the effects of Line 5, the Canadian petroleum pipelines in the open waters of the Straits of Mackinac, a major shipping lane and important whitefish spawning ground where Lake Michigan meets Lake Huron. If both Canada and the U.S. take a hard look at these issues together, they will swiftly realize that co-operation, not confrontation, is in the best interests of both — and, significantly, the interests of the planet.

The current discord between the two nations is over the decision in November by Michigan Gov. Gretchen Whitmer to exercise her state’s sovereign constitutional authority to revoke the 68-year-old easement that Enbridge has relied upon to transport petroleum by pipeline from Alberta to Sarnia, Ont., across the public bottomlands of the straits separating Michigan’s upper and lower peninsulas.

The governor took this action in light of the clear and present danger from Enbridge’s appalling track record of easement violations in operating Line 5, including lake-bed erosion undermining support of the dual pipelines in the fierce currents where Lake Michigan meets with Lake Huron. Enbridge also lacks adequate liability insurance and has steadfastly refused to provide any of the financial assurances that Gov. Whitmer has demanded.

Enbridge knew at least 20 years ago that the original design of the Straits of Mackinac pipelines was failing. Year after year, the company quietly sought approval from the state of Michigan to shore up the pipeline, passed off as “repairs,” by installing supports — now 228 of them — in effect lifting about three miles of the dual pipelines into the water column. Government officials, however, never required Enbridge to get approval for such a radical change that poses a whole set of new and serious risks.

Then, as if fate were sounding a warning alarm, a 12,000-pound anchor from a passing vessel struck and dented the twin pipelines on April 1, 2018. Last summer, Enbridge disclosed two more strikes by anchors or cables. These foreseeable accidents could have opened a gash in the pipeline, exposing 700 hundred miles of the Great Lakes shoreline — potentially including those of Georgian Bay — to a catastrophic spill costing $6 billion in economic damages to tourism, drinking water and other interests. Even worse, such a spill could trigger a domino effect of damage disrupting Great Lakes commercial shipping and steel production, slashing jobs and shrinking the U.S.’s gross domestic product by $45 billion after just 15 days. Michigan will lose tens of thousands of jobs if Line 5 ruptures.

Many families, communities, tribes and businesses understandably are skeptical of Enbridge’s safety assurances. Enbridge calls Line 5 “as good as new” and says it can last “forever,” even though Line 5 has failed at least 33 times since 1968, spilling more than 1.1 million gallons of oil in Michigan and Wisconsin. In 2010, the company was the culprit in one of the largest petroleum spills in U.S. history. A leak in an Enbridge pipeline in southwest Michigan dumped 1.2 million gallons of heavy tarsands oil into the Kalamazoo River watershed, harming human health and damaging fish and wildlife habitat. The spill cost Enbridge over $1 billion to clean up to the extent possible. The U.S. agency that investigated the spill likened the Enbridge response to the spill to the “Keystone Kops” and cited “pervasive organizational failures at Enbridge.”

Many Canadians are concerned about the possible distortion of their energy supply. They shouldn’t be. Available capacity and flexibility to meet energy demand in the Great Lakes region already exists in the North American energy pipeline system operated by Enbridge and its competitors without threatening our public waters and the economy, according to experts from the Great Lakes protection group FLOW. They argue that when Line 5 shuts down, regional domestic energy needs and supplies for refineries will still be able to be met. The estimated increased cost to consumers would be a fraction of a cent per gallon of gasoline, according to a study commissioned by the National Wildlife Federation.

The threat to the Great Lakes, both U.S. and Canadian waters, is clear. Equally clear is the risk to the planet of another 99 years of transporting carbon-rich petroleum from the Prairies to Sarnia for refining and ultimately releasing massive carbon dioxide emissions. Government promises of a new commitment to action on climate change are hollow if Line 5 continues operation indefinitely.

The law in the U.S. and Canada recognizes the waters of the Great Lakes are held in trust to be managed by the governments as guardians for navigation, fishing and other paramount needs of citizens. Unfortunately, the Canadian and Ontario governments have joined forces with Enbridge to forsake this guardianship by pressuring Gov. Whitmer. As the company spends resources on a slick public relations campaign exaggerating the benefits of Line 5 to the U.S. while neglecting to mention its history of environmental negligence, the governments dispute Michigan’s concerns about a Great Lakes spill.

In 2016, the IJC urged governments in the Great Lakes region to adopt the public trust doctrine as a legal backstop to assure the majesty of the lakes and bottomlands is not impaired. The IJC recommendation makes sense for present and future generations. If Canada and the U.S. do so, they will inevitably support decommissioning of Line 5.

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About the Authors: Maude Barlow is an activist who served as an adviser on water to the United Nations and is Chancellor of Brescia University College. Her latest book is, “Whose Water Is It Anyway? Taking Water Protection Into Public Hands.” Jim Olson is founder and president of FLOW (For Love of Water) in Traverse City, Mich.

“MI Propane Security Plan” Is the Right Plan at the Right Time for Michigan’s Energy Independence and Prosperity

The following statement can be attributed to Liz Kirkwood, environmental attorney and executive director of FLOW (For Love of Water), the Great Lakes law and policy center based in Traverse City, in reaction to the Whitmer administration’s release today of a five-point propane security plan to aid Michigan residents after the dangerous Enbridge Line 5 pipeline is shut down.

Liz Kirkwood, Executive Director

“The MI Propane Security Plan is the right plan at the right time for Michigan’s energy independence and future prosperity. With state leadership, the propane supply and distribution system can continue to adjust to meet demand, particularly in the Upper Peninsula where about 18 percent of households heat with propane.

“It’s far too risky for residents and the State of Michigan to continue to rely on the dangerous and outdated Line 5 pipelines that cross the open waters of the Straits of Mackinac for their propane supply. Line 5 has failed at least 33 times since 1968, spilling more than 1.1 million gallons of oil in Michigan and Wisconsin. Line 5 is owned and operated by Enbridge, which caused the Kalamazoo River oil spill disaster in 2010—after providing reassurances to Congress just 10 days earlier of ‘almost instantaneous’ response to leaks in the Canadian company’s sprawling North American pipeline system.

“We cannot trust Enbridge to keep running Line 5 through the Great Lakes, 20% of the world’s supply of fresh surface water and the drinking water source relied on by 48 million Americans and Canadians, including about half of all Michigan residents.

“According to the State of Michigan, the MI Propane Security Plan addresses potential price gouging, invests in renewable energy, energy efficiency and electrification, encourages investments in alternatives to Line 5, ramps up propane storage infrastructure, and calls for more actions to avert any disruption of energy supply.”

Background on propane:

For more information, see FLOW’s Line 5 fact sheets and blogs:

FLOW’s 2020 Annual Report

By Liz Kirkwood, Executive Director, and Mike Vickery, Board Chair

Being in, on, or near water brings us into balance, restores clarity, and grounds us in understanding what matters most. Water is life. These elemental connections to water and nature were profoundly important to all of us in the tumultuous year of 2020, as the coronavirus upended our lives and economy.

In reflection, as we recount in our Annual Report released today, November 2020 marked an extraordinary milestone for the Great Lakes—and for FLOW. After seven long years of advancing public trust law as the legal basis to shut down Line 5, FLOW watched Governor Gretchen Whitmer and DNR Director Daniel Eichinger assert public trust law as the cornerstone of the state’s action to advance critical legal action to protect the Great Lakes from a catastrophic oil spill.

Equitable and affordable access to clean drinking water remained at the forefront of our work in 2020 as we partnered with frontline Detroit and Flint groups to successfully persuade Governor Whitmer, and then the legislature, to extend a moratorium on water shutoffs through March 2021. We also partnered to form Water for All of Michigan to evaluate equitable and just financing and funding strategies to assure safe, affordable water for all communities. FLOW’s model legislation, Public Water, Public Justice, is a key part of this work.

FLOW also worked to spotlight and protect the Sixth Great Lake, Michigan’s groundwater, unveiling a groundwater story map in March and a June webinar to highlight the implications of a preliminary state decision approving Nestlé’s permit to increase withdrawals for commercial bottled water. And we chronicled a baffling decision in November by the State of Michigan to dismiss the citizen-led contested case challenging the Nestlé permit.
In a year dominated by a global pandemic, a reckoning with racial injustice, record-high Great Lakes water levels, an unprecedented national election, and profound challenges to our most important institutions, FLOW stood firm as a fair witness to, and advocate for, the power and value of the public trust in moving forward. Working alongside our partners, allies, supporters, and friends, FLOW planted new seeds from which will grow a more just, diverse, inclusive, equitable, prosperous and resilient water future for generations to come.

Your support and passion for the Great Lakes, groundwater, and drinking water for all inspires us and helps drive us forward. Thank you for our shared successes. We hope you enjoy reading about the fresh waters and public trust rights that we have protected together in our Annual Report 2020.

Fact Check: When Line 5 Shuts Down, Detroit Jets Will Still Fly and Union Refinery Jobs Will Still Exist

Photo credit: Kathryn DePauw

________________________________________________________________________________________________________

By FLOW Staff

Gov. Gretchen Whitmer and the State of Michigan have taken legal action to shut down Line 5 in the Straits of Mackinac by next May to prevent a catastrophic oil spill in the Great Lakes from the 67-year-old pipeline. Meanwhile, Line 5-owner Enbridge and its allies continue to engage in a Chicken Little “sky is falling” campaign, with the Canadian company claiming in recent days that, “shutting down Line 5 would cause shortages of crude oil for refineries in Michigan, Ohio, Pennsylvania and eastern Canada, as well as propane shortages in northern Michigan. It also would boost shipments of oil by rail or trucks, Enbridge said, without providing any evidence.

Enbridge’s drumbeat of fear has been building for a few years, for example, with a full-page advertisement in 2019 in the Traverse City Record-Eagle, alleging that “Shutting down Line 5, even temporarily, would mean lost union jobs, refinery closures, gas price spikes and greater harm to the regional economy every year.”

In fact, none of those predictions materialized when both legs of the dual Line 5 pipelines in the Straits were shut down for more than a week last June and one leg remained closed until about mid-September following damage that the U.S. Coast Guard said likely was caused by an Enbridge-contracted vessel. Research conducted during the partial shutdown by former Dow Chemical engineer Gary Street found that in August after more than 50 days with at least one leg of Line 5 closed, gasoline prices and supply were unaffected in Michigan and Canada.

The research results are consistent with these studies forecasting little if any change in energy costs after Line 5 shuts down for good:

Upon the shutdown of Line 5, available capacity and flexibility to meet energy demand in the Great Lakes region already exists in the North American energy pipeline system operated by Enbridge and its competitors.

  • Available capacity and flexibility to meet energy demand in the Great Lakes region already exists in the North American energy pipeline system operated by Enbridge and its competitors without threatening our public waters and Pure Michigan economy, according to FLOW’s experts.
  • A Line 5 shutdown could increase the cost of gasoline in metro Detroit by only about 2 cents a gallon, according to a 2017 study commissioned by the former Snyder administration.
  • Shutting down Line 5 would add just five cents to the cost of a gallon of propane, which has hovered around $2 for the past year, according to a 2018 study by London Economics International LLC, a Boston-based consultancy, and commissioned by the National Wildlife Federation.
  • The Upper Peninsula has viable options to Line 5 for its propane supply and economy, according to FLOW’s research.
  • Oil & Water Don’t Mix has a great animated video showing how the Upper Peninsula does not need Line 5’s propane.

Another claim regarding the impact of a Line 5 shutdown emerged last year from management of the PBF refinery in Toledo, Ohio. Likely at Enbridge’s behest, PBF warned of a refinery shutdown and loss of a thousand jobs if the supply provided by Line 5 is no longer available. The Toledo refinery, PBF suggested, has no other source of petroleum.

This assertion immediately raised the question: What kind of refinery management would leave itself vulnerable by receiving crude from only one source? It also directly contradicts statements PBF says in its own investor filings, as well as reports from market analysts. They emphasize the PBF refinery has several sources of supply and can adjust them depending on market conditions.

“The [PBF] refinery only processes light/medium and sweet crude and gets most of its WTI crude through pipeline from Canada, the mid-Continent, the Bakken region and the U.S. Gulf Coast,” an analyst says.  Another credits PBF with using “its complex crude processing capacity to source the lowest cost input.” PBF says in its 2016 filing with the Securities and Exchange Commission that crude is delivered to its facility through three primary pipelines, Line 5 from the north, Capline from the south, and Mid-Valley from the south. Crude is also delivered to a nearby terminal by rail and from local sources by a truck to truck unloading facility in the refinery property.

The fact is that multiple alternative pipelines, rail, and truck sources are and will be available to enable PBF to continue refining petroleum as it is today. No evidence points to job loss in Toledo from a Line 5 shutdown. And PBF itself said in a September 2017 news story challenging EPA regulations because of alleged job losses that the Toledo refinery employed 550, not 1,000 workers.

After Line 5 is shut down, the small percentage of its light crude coming to the U.S. could be supplied by other sources currently serving the region, including the Capline and Mid-Valley pipelines, along with crude from Northern Michigan oil wells.

Fanning employee and community fears with inflated claims is the latest in a series of tactics deployed by Enbridge and its allies to pressure Michigan officials into letting the company continue to occupy the Straits of Mackinac with its antiquated Line 5 pipeline, and later, a proposed oil pipeline tunnel under the lakebed.

PBF also claims that a feared Toledo refinery shutdown, which research cited above dispels, would seriously impinge on the supply of jet fuel at Detroit Metropolitan Airport, driving up fares or reducing flights, or both. The claim is that 40% of the jet fuel used at the airport comes from refined Line 5 petroleum. But PBF and the Marathon Detroit refineries appear to supply only about 9% of the jet fuel used at the airport each day, and again alternative pipeline sources can more than make that up.

It is worth noting that prior to PBF’s claims made in 2019, the impacts of a Line 5 shutdown on Metro Airport jet fuel had never before been raised as an issue in the Line 5 debate. Now Canadian officials are singing the same tune to bring political pressure on the Whitmer administration, claiming this week that Line 5 “is the single largest supply for gasoline, ultimately, in southern Ontario; for aviation fuel out of the Detroit airport; for heating fuel in northern Michigan; for the refineries in northern Ohio that fuel much of the Midwest U.S. economy.”

For its part, Enbridge has a track record of misleading the public and governments about its performance, including failure for 3 years to report bare spots in the protecting coating on Line 5 in the Straits, violating for several years the safety conditions of its easement agreement to occupy the public waters and bottomlands of the Straits, and running a dubious advertising campaign claiming to protect Michigan’s water. Enbridge’s and allies’ recent claims are consistent with the company’s apparent philosophy of avoiding transparency and saying anything to keep Line 5 petroleum and profits flowing.

Key Facts, in a Nutshell

Jobs, let’s talk jobs! 

Continuing to operate the decaying Line 5 risks jobs. Many jobs. Shutting down Line 5 will protect hundreds of thousands of jobs in Michigan’s tourism economy. According to a FLOW-commissioned report in May 2018 conducted by an Michigan State University ecological economist, direct spending by tourists supports approximately 221,420 jobs, and the total tourism economy in 2016, including direct, indirect and induced impacts, supported 337,490 jobs—approximately 6.1% of total employment in Michigan.

Toledo PBF Refinery 

  • Enbridge’s and fossil-fuel industry allies have a track record of false and unsubstantiated claims and a lack of transparency.
  • The numbers are inflated:
    • Enbridge and refineries and some politicians are misleading the public. They falsely claim that the two Toledo refineries and one Detroit refinery, and by extension the jobs there, are fully and wholly dependent on Line 5, including a large number of jobs at these refineries. The refineries supposedly affected are: Marathon-Detroit; BP-Husky-Toledo — which carries no Line 5 feedstock because it’s a tar sands refinery that takes feedstock from Line 78 (formerly Line 6B), and PBF-Toledo. PBF states in its 2018 annual report for stockholders that it “processes a slate of light crude oils from Canada, the Mid-continent and the U.S. Gulf Coast.”
    • The refineries rely on multiple pipelines and suppliers, and they say so in writing.
    • Marathon refinery primarily uses dilbit, which Line 5 doesn’t currently carry.

Detroit Metropolitan Airport

  • In a letter to Michigan Gov. Gretchen Whitmer, Ohio Gov. Mike DeWine claimed, “our refineries supply the majority of aviation fuels to Detroit Metro Airport” and asserted shutdown of Line 5 would lead to airline schedule disruptions.
  • But 2020 jet fuel consumption at Detroit Metro will total 1,658,000 gallons per day, according to a 2010 estimate by the airport. Based on numbers published by PBF, BP Husky and Marathon Refineries, Line 5 appears to supply only about 10% of the jet fuel at Detroit Metro Airport, not 40% as claimed by Ohio Gov. DeWine. Both Marathon and PBF have other crude oil sources, and therefore other pipelines could provide feedstock to satisfy regional jet fuel needs. Alternatively, other nearby refineries in Illinois, Indiana and Ohio could make up this shortfall.

Bottom line: Shutting down Line 5 will protect hundreds of thousands of jobs. A Line 5 shutdown would not significantly impact jobs at Toledo refineries. There is absolutely no evidence that a shutdown would impair operations at Detroit Metro Airport.

Sources:

Comment by Oct. 19 on Permits for Risky Line 5 Oil Tunnel

enbridges-line-5-under-the-straits-of-mackinac

On Monday, October 19, the Michigan Department of Environment, Great Lakes, and Energy (EGLE) will conclude its public comment period on pending state permits for the expected wetland and wastewater impacts, and alternatives to constructing and operating Enbridge’s proposed, roughly four mile-long oil tunnel under the Great Lakes. The proposed tunnel, at roughly 20-feet in diameter, would house a new Line 5 pipeline to continue for another 99 years carrying up to 23 million gallons of oil and natural gas liquids a day through the public trust bottomlands of the Straits of Mackinac, where Lake Michigan meets Lake Huron.

It’s important for the members of the public—including individuals, families, business owners, community leaders, and others—to submit comments. Many people and groups, including FLOW and Oil & Water Don’t Mix, already have expressed deep concerns about the Canadian pipeline company’s tunnel proposal and its lack of necessity, and risks to the Great Lakes, drinking water, the fishery in the Straits, Tribal rights, the Pure Michigan economy, the climate, and a way of life. 

Below is guidance from FLOW on what to include in your written comments and how to submit them online by Monday’s deadline. EGLE expects to issue its final decision on the oil tunnel permits and for wastewater impacts in late November and impacts to wetlands and submerged lands in early December.

Points to Make in Public Comments by Oct. 19

FLOW is providing this content for you to draw from and supplement with your own information and perspective in your comment to EGLE on the proposed Line 5 tunnel permits:

  • Not authorized by the state — EGLE cannot properly proceed on administering the Enbridge permit applications unless and until the December 2018 Easement and tunnel lease have been authorized under sections 2 and 3 of the Great Lakes Submerged Lands Act and the Public Trust Doctrine.
  • Not good for the climate or Gov. Whitmer’s goals  — EGLE must take into account the lifetime greenhouse gas emissions attributable to the proposed petroleum tunnel, particularly in light of Governor Whitmer’s Executive Directive 2020-10 setting a goal of economy-wide carbon neutrality by 2050. Extending the life of Line 5 for the next 99 years with  the tunnel project is fundamentally at odds with the reduction of greenhouse gases necessary to avoid the most catastrophic effects of climate change.
  • Not good for public health, safety, and welfare — EGLE is required to determine whether extending the life of an oil pipeline that will emit approximately tens of  million tons of greenhouse gases annually for the next 99 years, under the state Natural Resources and Environmental Protection Act, “is consistent with the promotion of the public health, safety and welfare in light of the state’s paramount concern for the protection of its natural resources from pollution, impairment or destruction.”
  • Not a public need for the oil tunnel — EGLE must make a number of specific determinations, including whether the benefits of the project outweigh reasonably foreseeable detriments, the extent to which there is a public and private need for the project, and whether there are feasible and prudent alternatives to the tunnel project. Unless these determinations are clearly demonstrated by the applicant Enbridge, the permit is prohibited by the Michigan Environmental Protection Act and the Wetlands Protection Act.

How to Submit Your Comments to EGLE by Oct. 19

Be sure to submit your comments on Enbridge’s proposed Line 5 oil tunnel by the Monday, Oct. 19 deadline. The public can submit comments either by email to [email protected] — referencing Application Number HNY-NHX4-FSR2Q — or via two EGLE web pages for commenting separately on each of the permits. Click on each link below and follow the instructions provided by the state:  

  • EGLE public comment page for Part 303 wetland impacts and Part 325 Great Lakes submerged lands impacts.
  • EGLE public comment page for National Pollutant Discharge Elimination System (NPDES) wastewater impacts.

How to Learn More about Line 5 and the Risky Oil Tunnel

To learn more about Enbridge Line 5 and the proposed oil tunnel, see these resources on FLOW’s website:

Thank you for speaking up for the Great Lakes, drinking water, and a way of life here in the Great Lakes State!

Mother’s Day Words from Mothers at FLOW

Photo: from left-to-right, Miles, Liz, and Ella Kirkwood

Haiku to My Children

By Liz Kirkwood, FLOW Executive Director

Toe. Dip. Jump. Splash. Smile.

Brave you are. I am in awe.

Water unites us.

Small Gestures

By Diane Dupuis, FLOW Development Director

Diane Dupuis (in red) and family walking the shore, above, and kayaking below.

My daughter filling the kettle to make my scratchy throat a cup of tea, my son topping off my water bottle along with his before we set out on a hike: Small gestures that signal I have successfully trained my children to pamper me, not just on Mother’s Day, but every day.

In their 20s now, they carry with them memories of an early childhood backyard on a canal of Lac Ste. Claire; grade school years traveling from a home on an inland lake in Grand Traverse County to a K-8 school with shoreline on Grand Traverse Bay and Leelanau County’s Cedar Lake; high school defined by the campus between Green Lake and Duck Lake.

They—we—remember the years when we made a habit of visiting Lake Michigan on each family birthday—deep winter, early spring, late summer. We relish memories of the summer we swam in all five Great Lakes, camping our way out to the Gaspé and back. We keep sight of the time a rip current left us badly shaken south of Elberta, the same day it took lives in Leland.

My children have become paddlers, sailors, a lifeguard.

The next time we are walking the beach together, though—whenever that becomes possible—I will still be the first to spy a Petoskey stone; I always am.

FLOW to U.P. Energy Task Force: Act Fast to Protect Residents, End Reliance on Risky ‘Line 5’ Oil Pipeline

Photo by Kathryn DePauw for FLOW.


To alleviate the rising threat to the safety and economic security of Upper Peninsula residents, a state energy task force at its April 13 online public meeting should act with urgency to adopt, prioritize, and schedule the implementation of the 14 recommendations in its draft propane supply report.  Swift action is needed in order to end reliance on the risky Line 5 pipeline, dismantle the Canadian energy monopoly over the Upper Peninsula, and secure more diverse and renewable energy choices, said FLOW (For Love of Water) in formal public comments sent Monday to state officials.

FLOW’s letter to the U.P. Energy Task Force, which Michigan Gov. Gretchen Whitmer created last June, comes at the deadline for the public to review the March 20 draft report on propane supply options. FLOW is urging the task force to act immediately on both short-term and long-term recommendations for the State of Michigan to resolve the clear and present danger to public health and the Great Lakes posed by Line 5.

FLOW finds that the most reliable, secure, lowest-cost, and lowest-risk alternative for propane supplies in the short term is a combination of the recommendations on rail and truck, plus an increase in propane inventory in the Upper Peninsula. Highest priority should be given to recommendations with a full range of diverse alternatives that are not dependent on the decaying Enbridge Line 5 pipeline, which crosses the Upper Peninsula and the open waters of the Straits of Mackinac.

FLOW also urges the task force to evaluate all of the environmental and health impacts and risks that each alternative poses to air, water, and land resources. The Great Lakes and other natural resources remain at grave risk with the continued daily operation of Line 5, and impacts to these public trust resources must be fully considered in the final propane report.

FLOW also calls on the task force to expedite its work and complete its renewable energy plan in 2020, well ahead of its March 2021 deadline for reporting to the governor. Michigan and the Great Lakes cannot wait another year for more studies as Line 5 continues to age.

“The U.P. Energy Task Force draft propane report concludes that both short-term and longer-term feasible and prudent alternatives exist to decommission Line 5 and to secure reliable, safe, and affordable energy to U.P. residents based on adjustments within the energy system,” said Liz Kirkwood, Executive Director of FLOW, the Great Lakes law and policy center based in Traverse City.  “Given the current propane monopoly and lack of backup alternatives to Line 5, U.P. residents are exposed to substantial financial and safety risks. Moreover, Line 5 also poses unprecedented and devastating economic, environmental, and public health risks to the Great Lakes.”

With the help of the task force to prioritize recommendations and advance much needed energy planning, the State of Michigan can work as expeditiously as possible to decommission the aging Line 5 pipeline and transition to safe and affordable energy alternatives for U.P. residents.

Background

The U.P. Energy Task Force, formed by Gov. Whitmer’s Executive Order 2019-14, is charged with “considering all available information and make recommendations that ensure the U.P.’s energy needs are met in a manner that is reliable, affordable, and environmentally sound.” The Order also directs the Task Force to examine “alternative means to supply the energy sources currently used by U.P. residents, and alternatives to those energy sources.”

The precipitating force behind this urgent energy analysis is Enbridge’s increasingly risky 67-year-old Line 5 pipeline, which has ruptured or otherwise leaked at least 33 times since 1968, and the failure to date to prioritize and assure a backup alternative for delivering propane in the Upper Peninsula. Line 5 is operating far past its life expectancy and continues to threaten the Great Lakes, public health, and drinking water supplies for thousands of Michiganders. With no backup plan for delivering alternative propane supplies to the U.P. in the event of a catastrophic Line 5 pipeline rupture, including in the dead of winter, the outdated pipeline also endangers the safety, security, and energy independence of Upper Peninsula residents who rely on propane to heat their homes.

FLOW Urges Mackinac Straits Corridor Authority to Halt Action on Unauthorized ‘Line 5’ Oil Tunnel

FOR IMMEDIATE RELEASE:                                                                                                   March 5, 2020

Jim Olson, Founder and President                                                             Email: [email protected]
FLOW (For Love of Water), Traverse City, MI                                                     Web: ForLoveofWater.org
Cell: (231) 499-8831                                                                                             FLOW Office: (231) 944-1568


FLOW Urges Mackinac Straits Corridor Authority to Halt Action on Unauthorized ‘Line 5’ Oil Tunnel

Proposed project Fails to Comply with Great Lakes Submerged Lands Act and Public Trust Law


FLOW, an independent Great Lakes law and policy center based in Traverse City, Michigan, filed formal comments today with the Mackinac Straits Corridor Authority, calling on the body to halt any further implementation of Enbridge Energy’s proposed Line 5 oil pipeline tunnel until the authorizations and approvals required by public trust common law and statute have been applied for and obtained.

The Corridor Authority, which is housed in the Michigan Department of Transportation, will meet Friday, March 6, at 10 a.m. in St. Ignace to discuss past and ongoing planning for the location and construction of the oil tunnel and new pipeline in the state public trust soils beneath the waters of the Great Lakes—the Straits of Mackinac.

The Mackinac Straits Corridor Authority and Enbridge have not applied for, nor received, the required legal authorization from the Michigan Department of Environment, Great Lakes, and Energy to proceed with the oil pipeline tunnel. Canadian-based Enbridge hatched the tunnel scheme with the former Snyder administration to replace the 67-year-old decaying Line 5 pipelines in the open waters of the Straits of Mackinac, where Lake Michigan meets Lake Huron.

“The oil tunnel negotiators and parties’ attempt to bypass the Great Lakes Submerged Lands Act (GLSLA) and the public trust law constitute one of the most egregious attacks on citizens’ rights and sovereign public trust interests in the Great Lakes in the history of the State of Michigan,” said FLOW Founder and President Jim Olson.

“The Mackinac Straits Corridor Authority must understand that it is subject to the public trust doctrine and law that applies to the Great Lakes and the soils under them,” said Olson, a water law and environmental attorney. “When Michigan joined the United States in 1837, it took title as sovereign for its citizens under the ‘equal footing’ doctrine to all of the navigable waters in its territory, including the Great Lakes, and ‘all of the soils under them’ below the natural ordinary high-water mark. These waters and the soils beneath them are held in, and protected by, a public trust.”

The public trust doctrine means that the state holds these waters and soils beneath them in trust for the public for the protection of preferred or dedicated public trust uses of navigation, fishing, boating, swimming, bathing, drinking water, and other recreation. There can be no disposition, transfer, conveyance, occupancy or use of any kind of these public trust waters and the soils beneath them, unless there is a statute or law that expressly authorizes that action.

The State and Enbridge must first obtain authorization under the GLSLA for the public-private partnership to establish a long-term agreement for the 99-year lease and occupancy agreement for a tunnel or pipeline in or through the soils and bottomlands of the Straits of Mackinac.

FLOW, as well as a coalition of state-wide public interest organization making up the Oil & Water Don’t Mix campaign, contends that boring an oil tunnel in and through the soils for an oil tunnel is not only subject to these public trust laws, but that crude oil pipelines in the or under the Great Lakes are not a solution given the risks and threats to the Great Lakes, its people, businesses, and communities. FLOW, OWDM, and other communities and organizations have also called for the shutdown of the 67-year old existing line 5 because of the immediate threat to the Straits and the risks posed by the pipeline’s more than 400 stream and river crossings in the Upper and Lower Peninsulas. Enbridge’s proposal to allow electrical lines and other infrastructure to occupy the proposed oil pipeline tunnel is a bad idea that poses an explosion risk. There is adequate capacity in the thousands of miles of the Enbridge crude oil pipeline system to meet its needs for Michigan and Canada without the perilous existing Line 5 or crude oil tunnel for another 67 years.

For more information, see FLOW’s: