Tag: great lakes

Shrinking Our ‘Water Footprint’ to Protect the Great Lakes

Photo courtesy of UCSC.edu.

A person’s “water footprint” may sound like a five-toed track along a Great Lakes shoreline, but the term actually connotes a serious environmental consideration. Personal consumption of water is second perhaps only to personal responsibility for carbon emissions in terms of impact on the planet.

The water footprint measures the amount of water used to produce each of the goods and services we use,” states the Water Footprint Network, a platform for collaboration among companies, organizations, and individuals to solve the world’s water crises by advancing fair and smart water use. “It can be measured for a single process, such as growing rice, for a product, such as a pair of jeans, for the fuel we put in our car, or for an entire multi-national company.”

Why should residents of the Great Lakes region and its abundant freshwater be concerned about their water footprint and take steps to conserve water? Living among water riches does not exempt us from responsible environmental stewardship.

Americans collectively have a monster water footprint, although our per capita footprint has shrunk in recent decades because of productivity improvements. The United States is second only to the United Arab Emirates in gallons of water used per person per day—more than 2,200 gallons.

A 2014 Indiana University survey of 1,020 Americans offered hope for reducing our water footprint. Although the survey showed that respondents underestimated their water use, these perceptions were more accurate than their estimates of energy use.  “Well-designed efforts to improve public understanding of household water use could pay large dividends for behavioral adaptation to temporary or long-term decreases in availability of freshwater,” the study’s authors observed.

Americans collectively have a monster water footprint, although our per capita footprint has shrunk in recent decades because of productivity improvements.

Why should residents of the Great Lakes region and its abundant freshwater be concerned about their water footprint and take steps to conserve water? There are multiple reasons. Living among water riches does not exempt us from responsible environmental stewardship. Importantly, water waste in the Great Lakes watershed implies to those outside of the watershed that we have surplus water they can tap. In the long run, protecting the Great Lakes from diversions and exports will require a demonstration that we respect the needs of our home ecosystem—and encourage others to respect those bounds as well.

Calculate your own water footprint—and consider practical suggestions on how you can shrink it—directly and indirectly.

Our Drinking Water Lacks the Protection It Deserves

Acclaimed author and FLOW Senior Advisor Dave Dempsey stands on the shore of Lake Michigan’s West Grand Traverse Bay.


Editor’s note: This opinion article was originally published on April 2, 2022, in the Lansing State Journal.

By Dave Dempsey

A natural resource on which nearly half the population of Michigan depends every day is one that most of us rarely think about: Groundwater, and it’s especially critical in mid-Michigan. The tri-county area depends almost exclusively on groundwater as a drinking water source—both from public wells managed by the Lansing Board of Water and Light and the City of East Lansing, and thousands of private wells in outlying areas.

Some 45 percent of Michigan’s population gets drinking water from underground, but because it is out of sight it is often out of mind. Its invisible nature has made groundwater vulnerable to neglect and mismanagement. Michigan is pocked with more than 14,000 groundwater contamination sites, including one of the nation’s largest, a 13 trillion-gallon plume contaminated by the toxic chemical TCE (trichloroethylene). Due to funding limitations, the state is addressing only two percent of these polluted sites this year.

Groundwater is vital globally, too. The salty oceans are not drinkable and constitute approximately 97 percent of all the world’s water. About two percent of all water is fresh water frozen at the poles or in glaciers. Of the remaining one percent, almost all of it is groundwater, according to the National Oceanic and Atmospheric Administration.

If Michigan’s groundwater were visible, it would be hard to miss. If combined, all the groundwater in the Great Lakes Basin is approximately equal in volume to Lake Huron—a sixth Great Lake of sorts.

But groundwater is not an underground pool. Instead, it fills the pores and fractures in underground materials such as sand, gravel and other rock—much the same way that water fills a sponge. And it lacks the protection it deserves.

Although 1.25 million private water wells supply drinking water to more than two million Michiganders, there is no regular safety testing of that water. Thousands of these wells are contaminated with nitrates. Michigan is the last holdout among the 50 states in protecting groundwater and public health from 130,000 failing septic systems that discharge human waste.

My organization, For Love of Water, is a nonprofit law and policy center based in Traverse City. Last month we sponsored a webinar on Michigan’s groundwater challenges and opportunities on World Water Day, where scientists and public officials spoke of the urgent need to educate Michiganders about the importance of groundwater.

Learning about groundwater is the necessary first step toward action, and protective action is what Michigan needs to safeguard its groundwater for current and future generations.

Dave Dempsey is senior advisor at FLOW (For Love of Water), a Great Lakes law and policy center based in Traverse City. He is the author of several books on Michigan’s environment. Learn more about FLOW’s groundwater-protection program, including our latest report and fact sheet.

Public Trust Bill Package Boosts Groundwater Protection in Michigan

Note: This is a FLOW media release issued March 17, 2022. Members of the media can reach FLOW Executive Director Liz Kirkwood at [email protected] or cell (570) 872-4956 or office (231) 944-1568.


FLOW Executive Director Liz Kirkwood expressed strong support for legislation introduced in Lansing today that would shore up public trust protections for the Great Lakes and groundwater against water-bottling companies thirsting for profits and strengthen safeguards for waterways on state land.

“The Great Lakes must never be for sale,” Kirkwood said in a video-recording message for the press conference announcing the legislation. “And Michigan’s groundwater must never become privatized and siphoned away.”

Watch Liz Kirkwood’s video message below:

The three-bill package (House Bills 5953, 5954, and 5955) introduced by Michigan Reps. Yousef Rabhi, Laurie Pohutsky, Rachel Hood, and Padma Kuppa would close the legal loophole in the Great Lakes Compact that allows private interests and international regimes to take massive amounts of Great Lakes water as long as it is extracted in containers of 5.7 gallons or less. The legislation also would explicitly apply public trust protections to groundwater, which provides drinking water to 45% of Michiganders and helps recharge the Great Lakes, and would direct the Department of Natural Resources to be strong public trustees of the lands and waters it manages. Rep. Kuppa also plans to introduce a groundwater resolution on March 22, World Water Day.

“These prudent changes will ensure that Michigan has the ability to stop privatization of the Great Lakes and groundwater, and reject future water withdrawals that are not in the public’s interest,” said Kirkwood, an environmental attorney who directs FLOW (For Love of Water), the Great Lakes law and policy center based in Traverse City. “We must protect every arc of the water cycle.”

Michigan’s groundwater supplies drinking water to 45% of Michiganders. Groundwater that discharges to lakes and streams also is crucial to sustain coldwater fisheries, stream ecology, and wetlands, and also accounts for approximately 20-40% of the volume of the Great Lakes.

“Without these protections explicitly in place we face the very real possibility that our most valuable natural resource, the water which defines our state, could be treated as a commodity for sale like oil,” Kirkwood said, “and virtually eliminate the state’s ability to protect this vital resource.”

FLOW: State of Michigan Takes a Strategic Step Today in the Race to Prevent a ‘Line 5’ Oil Spill

Editor’s Note: The following is a media release issued by FLOW on November 30, 2021; please contact Executive Director Liz Kirkwood at (570) 872-4956 or [email protected] or Legal Director Zach Welcker at (231) 620-7911 or [email protected].


“The State of Michigan took a strategic step today in the race to prevent a catastrophic Line 5 oil spill in the Straits of Mackinac by concentrating its legal efforts in state, not federal, court,” said FLOW Executive Director Liz Kirkwood. “The state’s legal fight and the citizen-led movement to protect the Great Lakes, jobs, and a way of life continue full speed ahead.”

In response to Judge Neff’s November 16, 2021 decision to assume federal jurisdiction over the state’s 2020 case to shut down Line 5, the state has chosen to voluntarily dismiss that case and rely instead on Attorney General Dana Nessel’s 2019 lawsuit against Line 5-owner Enbridge in state circuit court in Ingham County.

This procedural maneuver will shift consideration of the State of Michigan’s legal efforts to shut down Line 5 back to a state-court forum where the matter belongs. The State of Michigan has paramount sovereignty over the Great Lakes that cannot be severed.

While the timing of a decision on the merits is still uncertain, dropping the 2020 case will almost certainly expedite resolution of the State Michigan’s claims because it avoids protracted litigation in federal court, which would be necessary to guarantee the State’s right to appeal Judge Neff’s legally deficient remand decision in the 2020 case.

“It’s vitally important to recognize that the action by Governor Whitmer and Department of Natural Resources Director Daniel Eichinger in November 2020 to revoke and terminate Line 5’s 1953 easement remains valid,” said FLOW Legal Director Zach Welcker. “While Enbridge continues to trespass in state waters and on state bottomlands, the State of Michigan can now move forward on Attorney General Nessel’s case filed on behalf of the citizens of Michigan in 2019 to shutdown the dual pipelines in the Straits.”

Background from FLOW:

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

FLOW Deeply Disappointed in Court Decision Today Leaving State of Michigan’s Lawsuit to Shut Down ‘Line 5’ in Federal Court, Denying the State’s Request

Editor’s Note: The following is a media release issued by FLOW on November 16, 2021; please contact Executive Director Liz Kirkwood at (570) 872-4956 or [email protected] or Senior Legal Advisor Jim Olson at (231) 499-8831 or [email protected].

Judge Neff’s decision today addresses only the narrow, procedural issue of whether a state or federal court should decide if the State of Michigan lawfully ordered the shutdown of the Line 5 oil pipelines in the Straits of Mackinac. Although the federal court’s decision to exercise jurisdiction over this matter is disappointing, it does not resolve the validity of the State’s action to protect the public’s legally revered interests in the Great Lakes. Canadian energy transport giant Enbridge continues to defy the order to shut down Line 5.

The decision is legally deficient for multiple reasons, most notably because it failed to consider express provisions of federal law that affirm Michigan’s sovereign right to apply and enforce its own laws to protect its waters and environment. The court also did not properly consider the State’s sovereign interests as required when making a jurisdictional determination. 

“The court overlooked the sovereign public interests of Michigan, an omission that seriously threatens not only Michigan’s sovereignty over its navigable water, but every state in the nation,” said FLOW Founder and Senior Legal Advisor Jim Olson

The decision also threatens the sovereign interests of states by setting an extremely low bar for removing state-court lawsuits to federal court. This could result in the weaponization of federal jurisdiction by foreign corporations seeking to litigate disputes involving state law in federal court.

“Fortunately,” said Liz Kirkwood, Executive Director of FLOW, “until decided by a court, Governor Whitmer’s revocation of Line 5 stands firm. FLOW stands in solidarity with the State of Michigan as Attorney General Nessel defends the public waters of the Great Lakes in this nationally significant litigation.” 

Background from FLOW:

Key Context on Federal Lawsuit:

Recent  Line 5 Analysis:

State’s Line 5 Shutdown Deadline:

Reality Check:

Gov. Whitmer’s Line 5 Shutdown Order & Reaction:

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

FLOW’s Blog Coverage: Line 5 blogs providing news & analysis.

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.

____________________________________________________________________________________________________

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.

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.

O&WDM: Groups, Tribes Ask U.S. Army Corps to Reject Proposed Enbridge Oil Tunnel

Editor’s note: This is an Oil & Water Don’t Mix (O&WDM) media release.

Twelve organizations and Michigan tribal representatives today (Dec. 7, 2020) called on the U.S. Army Corps of Engineers to reject the Enbridge Line 5 Straits of Mackinac oil tunnel project. If not dismissed now, the Army Corps risks a repeat of a July court ruling that threw out a permit in another major federal pipeline case.

In their submission of comments, the groups told the Army Corps that the permit for the tunnel should not be approved without a full review that evaluates the consequences of an oil tunnel for the Great Lakes, coastal wetlands, historic archeological finds, and navigation within the Straits of Mackinac.

“Enbridge’s proposed tunnel is a major federal action demanding a full environmental impact statement under the National Environmental Policy Act (NEPA),” said Liz Kirkwood, Executive Director of FLOW (For Love of Water), a Great Lakes law and policy center based in Traverse City. “A review of Enbridge’s incomplete application reveals a highly controversial project with extraordinary impacts to coastal wetlands, millions of gallons a day of surface wastewater discharges and water treatment additives, underwater archeological sites, incomplete geotechnical studies for tunnel construction, lack of a credible estimate of project cost, and unprecedented climate change impacts to extend the life of Line 5 for the next 99 years.”

Official comments from the organizations come as the Army Corps holds a single public hearing today on Enbridge’s proposal for a federal Clean Water Act permit to construct the oil tunnel.  The Army Corps public comment period ends on Dec. 17.  It comes as the Michigan Public Service Commission and the state Department of Environment, Great Lakes and Energy also evaluate permit applications from Enbridge and follows a decision by Gov. Whitmer to revoke Enbridge’s operating agreement for the existing Line 5, citing the company’s history of failures and ongoing, incurable violations of the agreement.

“Line 5 will transport 540,000 barrels of oil that when burned will emit over 57 million metric tons of atmospheric carbon annually – more carbon than is emitted by the nation’s three largest coal plants combined,” said Kirkwood.  “Let’s not forget what’s at stake – a proposal to build a mega tunnel in the heart of the largest and most valuable fresh surface water system in the world.  It’s difficult to conceive of a project more worthy of a full environmental impact statement under federal law.”

The groups and tribal representatives warn that approving Enbridge’s proposed application would violate the same federal law that prompted the U.S. District Court in July to block a final permit for the Dakota Access pipeline in the Dakotas.  In the Dakota Access case, the court said the Army Corps must conduct a full review under the National Environmental Policy Act because it was a major federal project with widespread potential impacts, including threats to drinking water sources for the Standing Rock Sioux tribe.

The Army Corps has yet to decide whether Enbridge’s permit application for the tunnel should be subjected to a full federal review that could include looking at other alternatives, including existing oil pipelines within Enbridge’s massive North America pipeline system.

Concerns with the tunnel proposal cited by the groups and shared with the Army Corps include:

  • Drinking water threat. Enbridge proposes withdrawing 4 million gallons a day of water and discharging 5 million gallons a day of water and slurry into the Straits of Mackinac. Nearby communities of Charlevoix, Mackinac Island, St. Ignace, Alpena, East Tawas, and Tawas City rely on Lake Michigan and Lake Huron for drinking water.
  • Geotechnical problems. Independent experts who studied Enbridge’s proposed tunnel plan concluded that it “raises serious concerns regarding the feasibility, integrity, and planning for the construction of the tunnel.”  More than 75 percent of the tunnel boring area is in “very poor” or “poor” quality rock conditions, the experts warned, also citing the potential for explosions because of the presence of methane gas.
  • Sovereign tribal and fishing rights. The Straits of Mackinac are the spawning and fishing grounds for 60 percent of the commercial tribal whitefish catch, which could be negatively impacted by the tunnel project and continued operation of Line 5 in the Straits.
  • Northern Michigan economy. Emmet, Cheboygan, and Mackinac counties would be heavily impacted by the tunnel project, straining police, fire, health emergency services, and rental housing that would typically go to seasonal tourism workers who constitute an annual $153 million payroll. Dust, noise, and intense trucking and machinery activity will also stress local communities.

    “Michigan deserves more than a rubber-stamp permit approval from the Army Corps,” said Sean McBrearty, Oil & Water Don’t Mix coordinator.  “What we need is for the Army Corps to follow the law and prioritize protecting the Great Lakes, our drinking water, and our climate. A Canadian company’s oil profits shouldn’t be more important than Michigan’s future.”

    Those submitting joint comments include For Love of Water (FLOW), League of Women Voters of Michigan, Sierra Club, Clean Water Action, Michigan Environmental Council, Northern Michigan Environmental Action Council, Straits of Mackinac Alliance, Groundwork Center for Resilient Communities, TC350, the Chippewa Ottawa Resource Authority (CORA), the Michigan League of Conservation Voters, and the Straits Area Concerned Citizens for Peace, Justice, and the Environment.

    Oil & Water Don’t Mix is a citizens’ movement committed to protecting the Great Lakes and decommissioning Enbridge’s dangerous Line 5 oil pipelines in the Straits of Mackinac. More information: https://www.oilandwaterdontmix.org/about.

    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!

    New Michigan Standards for Toxic PFAS in Drinking Water among Most Protective in the U.S.

    Dave Dempsey, Senior Advisor

    By Dave Dempsey

    New, enforceable state drinking water standards to protect public health from seven toxic compounds will take effect early this month.

    “Michigan is once again leading the way nationally in fighting PFAS contamination by setting our own science-based drinking water standard,” Michigan Gov. Gretchen Whitmer said.

    Called for by Gov. Whitmer last year, the standards set maximum limits for the seven PFAS compounds. Known as “forever chemicals” because they break down slowly in the environment, PFAS have emerged as a national issue as more and more contamination sites are found. Two of the most serious hotspots in Michigan are sites associated with Wolverine Worldwide in Kent County and the former Wurthsmith Air Force Base in Iosco County.

    “It is imperative for Michigan to promulgate the proposed rules as soon as practicable,” said FLOW Executive Director Liz Kirkwood. “Testing continues to turn up new sites of PFAS contamination in Michigan, many of them exposing citizens to substantial health risks. Federal rules are likely years away and may not provide the level of protection that the people of Michigan want and need for public health and the environment.”

    The standards apply to approximately 2,700 public drinking water supplies across the state and will be enforced by the state Department of Environment, Great Lakes, and Energy (EGLE). FLOW and other organizations have strongly supported the state standards in the absence of  binding, enforceable drinking water standards set by the U.S. Environmental Protection Agency.

    PFAS have been used in thousands of applications globally, including firefighting foam, food packaging, non-stick coatings, stain and water repellents, and many other consumer products. PFAS compounds have been linked in scientific studies to:

    • Reducing a woman’s chance of getting pregnant
    • Increasing the chance of high blood pressure in pregnant women
    • Increasing the chance of thyroid disease
    • Increasing cholesterol levels
    • Changing immune response
    • Increasing the chance of cancer, especially kidney and testicular cancers.

    “Governor Whitmer and EGLE deserve tremendous credit for taking this important first step in protecting Michigan residents from PFAS in their drinking water,” said Cyndi Roper, Michigan Senior Policy Advocate for the Natural Resources Defense Council. “Michigan is now regulating seven PFAS chemicals—which is more than any other state—and two of the standards are the nation’s most health protective. However, several of the new PFAS standards should have been more health protective based on the existing science.”

    Roper added: “Further, even if we set standards for seven PFAS chemicals each year, it would take far too many generations to protect residents from the health impacts of these chemicals. Instead of playing regulatory whack-a-mole, Michigan should set a treatment technique that is most effective at cleaning up all known PFAS from drinking water.”

    PFAS present a significant risk to human health. They break down slowly in the environment, can move quickly through the environment, and are associated with a wide array of harmful human health effects including cancer, immune system suppression, liver and kidney damage, and developmental and reproductive harm.