Tag: Governor Whitmer

FLOW’s Statement on Negotiations Between Gov. Whitmer and Enbridge on Line 5 Tunnel, Pipeline

FOR IMMEDIATE RELEASE:                                                                                              April 17, 2019

Liz Kirkwood, Executive Director                                                                 Email: Liz@FLOWforWater.org
Office: (231) 944-1568                                                                                     Cell: (570) 872-4956

Jim Olson, President, Cell: 231-499-8831                                                   Email: olson@envlaw.com
FLOW (For Love of Water), Traverse City, MI                                           Web: www.FLOWforWater.org


FLOW Statement on Negotiations Between Gov. Whitmer and Enbridge on Line 5 Tunnel, Pipeline


Traverse City, Mich. –  FLOW (For Love of Water) issued the following statement on the disclosure that Gov. Gretchen Whitmer and Enbridge Energy will discuss expediting construction of an oil tunnel beneath the Straits of Mackinac while the company’s troubled Line 5 pipelines continue operation in the Straits:

“We are concerned about this development. Every day that the Line 5 pipelines continue to operate is a risk to our precious Great Lakes,” said FLOW executive director Liz Kirkwood. “State government’s efforts should first and foremost be devoted to shutting the pipeline down, not negotiating its continued operation while a tunnel is explored and possibly built.

“Now that the Governor has chosen to engage in this process, we hope and trust it will be a transparent one. It is unfortunate that her predecessor engaged in secret talks on agreements with Enbridge, and the lame-duck Legislature was so eager to benefit Enbridge that it passed a sloppy statute that the Attorney General ruled unconstitutional. We are confident this Governor will operate differently,” Kirkwood said.

“We are also hopeful that the Governor will restore and apply the rule of law to Enbridge’s operations in the Straits. Any easement or lease of Great Lakes bottomlands and any private control for a 99-year tunnel by a private company like Enbridge for a private operation must be authorized under the Great Lakes Submerged Lands Act (GLSLA),” said Jim Olson, President of FLOW.

“The GLSLA ensures a public review, analysis, participation, and a determination under standards that protect the public trust in the waters of the Great Lakes and the soils beneath them from privatization and impairment. It also ensures a thorough evaluation of feasible and prudent alternatives, including ones that do not involve use or control of the Great Lakes. No agreement between the executive branch and a private company can override this fundamental law,” Olson said.


With a New Agency Comes New Structure in Michigan

Once upon a time, state environmental agencies operated for decades under the same name, providing continuity and tradition — but perhaps failing to meet evolving needs.

The Michigan Department of Conservation operated for nearly 50 years, beginning in 1921, a period of rapid growth in the state forest and park system and the gradual adoption of pollution control measures by commissions and boards. That changed in 1970 when, by executive order, then-Governor William Milliken united natural resources and environmental programs under one roof and called it the Department of Natural Resources. This structure, in turn, lasted a quarter century.

In 1995, then-Governor John Engler divided the natural resources and environmental programs again into a Department of Environmental Quality and DNR. In 2009, then-Governor Jennifer Granholm united them under the banner of the Department of Natural Resources and the Environment. And in 2011, then-Governor Rick Snyder cleaved them again in two.

This month — on Earth Day, April 22 — the latest reorganization takes effect. Governor Gretchen Whitmer has created a Department of the Environment, Great Lakes, and Energy (EGLE) to coexist with the DNR. It’s the most ambitious of all the natural resource agency reorganizations.

The order says, “State government needs a principal department focused on improving the quality of Michigan’s air, land, and water, protecting public health, and encouraging the use of clean energy. That department should serve as a full-time guardian of the Great Lakes, our freshwater, and our public water supplies.” It is unprecedented for energy to be a major priority of the state’s environmental agency.

The order contains several unique features and innovations:   

  • An Environmental Justice Public Advocate to, among other things, “accept and investigate complaints and concerns related to environmental justice within the state of Michigan.”
  • A Clean Water Public Advocate to handle complaints and “assist in the development, and monitor the implementation, of state and federal laws, rules, and regulations relating to drinking water quality.”
  • An Office of Climate and Energy to “provide insight and recommendations to state government and local units of government on how to mitigate climate impact and adapt to climate changes.”

These three focal points respond to specific environmental disasters and neglect of the previous administration, most notably the Flint drinking water tragedy, but they should have statewide impact, redirecting the new agency toward its most critical challenges.

Any new agency must establish new traditions and provide a face to the world. The old DNR was seen as both strong on resource protection and occasionally arrogant in its relations with the public. It’s to be hoped that the new EGLE (along with a reinvigorated DNR) emphasizes the former and shuns the latter. If it does, the Governor will have done the state, and future generations, a considerable favor.

FLOW Praises Governor for Action on Line 5


FOR IMMEDIATE RELEASE:                                                                      March 28, 2019

Liz Kirkwood, FLOW Executive Director                                                   Email: Liz@FLOWforWater.org
Office: (231) 944-1568, Cell: (570) 872-4956                                           Web: www.FLOWforWater.org

Jim Olson, FLOW Founder and President                                                Email: olson@envlaw.com
(231) 499-8831 

Dave Dempsey, FLOW Senior Advisor                                                     Email: dave@FLOWforWater.org
(612) 703-2720


In the wake of an opinion by Attorney General Dana Nessel invalidating a law that sought to give away Great Lakes public trust bottomlands to Enbridge for 99 years for a private oil tunnel, Governor Gretchen Whitmer has now ordered state agencies to pause permitting on Line 5, an action hailed by FLOW (For Love of Water), a Great Lakes law and policy center based in Traverse City.

“We welcome the Governor’s swift, prudent action to halt the legal effect of the law and tunnel and side agreements,” said Jim Olson, founder and president of FLOW. “Now, it’s time to bring the existing perilous Line 5 in the Straits under rule of law and decommission it as quickly as possible.”

“The backroom deals creating Enbridge’s proposed oil tunnel couldn’t survive public scrutiny, and now we know they can’t survive the rule of law,” said Liz Kirkwood, Executive Director of FLOW. “It’s time to focus on Michigan’s true energy future and protect Michigan’s Great Lakes and our economy from a Line 5 pipeline rupture. The path forward for Michigan is for Gov. Whitmer to immediately begin the process of decommissioning Line 5 in the Straits of Mackinac.”


Taking Action on the “Forever Chemicals”


Governor Whitmer’s directive Tuesday to the Department of Environmental Quality to develop an enforceable state drinking water standard for toxic PFAS chemicals is a welcome step. It signals that her Administration believes the health of Michigan citizens and the environment is not something to be left to foot-dragging federal officials, and that she is actively engaged in combating this threat.

“All Michiganders deserve to know that we are prioritizing their health and are working every day to protect the water that is coming out of their taps,” Whitmer said. 

“As a result, Michigan will begin the process to establish PFAS drinking water standards that protect public health and the environment. Michigan has long advocated that the federal government establish national standards to protect the nation’s water from PFAS contamination, but we can no longer wait for the Trump Administration to act.” She set a deadline of October 1, 2019 for the standards.

PFAS compounds are a group of emerging and potentially harmful contaminants used in thousands of applications globally including firefighting foam, food packaging, and many other consumer products. These compounds also are used by industries such as tanneries, metal platers, and clothing manufacturers.

The state oversaw the sampling of 1,114 public water systems, 461 schools that operate their own wells, and 17 tribal water systems. Levels of PFAS below 10 parts per trillion (ppt) were detected in 7 percent of systems tested. PFAS levels between 10 and 70 ppt were detected in 3 percent of systems tested.

“PFAS are extremely toxic ‘forever chemicals’ contaminating far too many Michiganders’ tap water. By pushing for strong standards, the Governor is taking an important step to protect public health — but residents, particularly children and pregnant women — are being hurt by this chemical today. Fast action is needed to protect the state from the mounting health crisis caused by widespread drinking water contamination,” said Cyndi Roper, Michigan Senior Policy Advocate for the Natural Resources Defense Council.

The announcement was also important because once the federal government finally acts, a bad law passed by the Michigan Legislature in last year’s lame duck session could complicate the state’s efforts to set a protective standard. That bad law prevents Michigan from adopting standards more protective than federal limits unless the state can show “clear and convincing” evidence that it is needed, a high legal bar. By acting before a federal limit is in place, the state can use the best science to set a protective standard.