Tag: great lakes

Progress and Hope for the Environment

Published on August 10th, 2022 by - Blog Posts

Ten years to save the planet from climate change. PFAS, microplastics, and invasive species. Wetland destruction and failing, polluting septic systems.  Sometimes it seems as though the only environmental news is bad news.

Here’s an antidote, borne in a glass half-full.

Great Lakes Piping Plover

An endearing, small shorebird that nests on Great Lakes beaches, the piping plover is on the federal endangered species list.  Its preferred habitat is also a lure to people and their dogs.  But thanks to intensive recovery efforts by federal and state government officials and citizen volunteers, the population of Great Lakes piping plovers has rebounded from 13 nesting pairs in 1990 to approximately 65-70 nesting pairs today, and the outlook is favorable.

Protecting Wetlands

Wetlands are important because they filter water pollutants, store floodwaters, and provide habitat for fish and wildlife.  Yet they were regarded as wastelands from the time Europeans arrived to the 20th Century.  Draining and filling cost Michigan 4.2 million acres of its original endowment of 10.7 million acres of wetlands.  But the passage in 1979 of Michigan’s wetland protection law has made a dramatic difference. It has sl

owed the rate of wetland loss to less than 2000 acres a year, from a former pace of tens of thousands of acres a year. Meanwhile, private groups are working to restore wetlands.

Michigan’s Recycling Rate Improving

For years, Michigan’s recycling rate was the lowest in the Great Lakes region.  But things are changing. Michigan has significantly improved its recycling rate from 14.25% prior to 2019 to 19.3%, based on an analysis released by the Michigan Department of Environment, Great Lakes and Energy (EGLE) earlier this year.  An EGLE survey found that Michiganders’ understanding of recycling best habits has increased in every corner of the state. The recycling rate translates to 110 pounds per capita each year.

Public Drinking Water

The twin lead-in-drinking water disasters in Flint and Benton Harbor have raised public doubts about the safety of community drinking water systems.  The good news is that community systems in Michigan and the Great Lakes region generally maintain a high degree of compliance with federal health-based drinking water standards. Of the 19.5 million U.S. residents served by public water supplies that rely on the Great Lakes as their source water, 99.1% had drinking water that met all applicable health-based standards in 2020. In the Province of Ontario, approximately 60% of the population is supplied with treated drinking water from the Great Lakes. In 2020, 99.8% of municipal residential treated drinking water quality tests met Ontario Drinking Water Quality Standards.

Defending the Monarch Butterfly

The exquisite monarch butterfly is in trouble, but the Village of Elk Rapids has stepped up to do something about it, recently becoming the second Monarch City USA in Michigan. The designation commits the Village to several actions, including:

  • Converting abandoned lands to monarch habitat
  • Integrating monarch conservation into the Village’s future land use conservation
  • Working with garden clubs and citizens in planting milkweed and nectar gardens
  • Building sanctuary sites, installing signage and hosting an annual Monarch Butterfly Festival

The population of migratory Eastern monarchs (those east of the Rocky Mountains) declined 90 percent during the last 20 years. If more communities follow the lead of Elk Rapids, the monarch butterfly has a chance.

State of the Great Lakes

Published on August 3rd, 2022 by - Blog Posts

Is More of the Same Good Enough for the Great Lakes?

Give the U.S. EPA and its Canadian counterpart points for recycling. When they released the 2022 State of the Great Lakes report last week, they offered the same characterization as in previous reports: overall, the Great Lakes are fair and unchanging.

Merriam-Webster defines “fair” as ‘not very good or very bad: of average or acceptable quality.”

Is “not very good or very bad” what we want for the Great Lakes?  

Looking at the five lakes individually, the U.S. and Canadian governments grade Superior and Huron good, Michigan and Ontario fair, and Erie poor. Is this what we want?

That we have become accustomed to such evaluations of the conditions of the Great Lakes is unacceptable. That we are making little progress toward the goal of fully healthy lakes is deplorable.

In this 50th anniversary year of the signing of the original Great Lakes Water Quality Agreement by President Richard Nixon and Prime Minister Pierre Trudeau, it is appropriate to look at where we’ve been and where we’re going.

While the governments boast of their robust programs to protect and restore the lakes, they typically gloss over the trouble spots. The State of the Great Lakes report is the closest they come to accountability. In this report, they acknowledge that only two of nine indicators (beaches and fish consumption) show improvement. The other seven are unchanging and one, invasive species, is poor.

What are the reasons for treading water like this? The fundamental facts are that correcting past mistakes will cost taxpayers a fortune – and steering a new course for the future requires political will. That will is needed if we hope to keep new toxic chemicals out of the lakes, protect key habitats from exploitation, and once and for all control invasive species.

If the political will is lacking, it is not the fault of governments alone. We who live among the lakes are also conflicted. We want them to be healthy and beautiful yet we are not willing to make the changes that would enable this to happen.

There is plenty of talk in our region about the need for sustainability, a way of approaching the environment and the lakes that avoids doing damage by changing the way we live. Primarily, changing practices that provide short-term benefits and long-term harm. Like the excess fertilization on farms in the Lake Erie watershed, which fosters algae blooms that are reminiscent of the “dead” Lake Erie of the 1960s.

Like the production and disposal of plastic products that break down into the billions of pieces fouling the lakes. We do not need to buy most of them. The industries that manufacture them will not retire them out of the goodness of their hearts, but they will respond to market forces.

Of course, there is good news. It is true that there are many dedicated public servants, university researchers, local governments and citizen advocates who are making extraordinary efforts to understand the science of the lakes and to respond constructively.

There is also the fact that the U.S. government is spending over $300 million in dedicated money every year to restore the Great Lakes. That is a legacy of the late Peter Wege, a Grand Rapids philanthropist who in 2004 organized advocates to petition Congress for dedicated funding to clean up toxic hotspots, restore habitat and protect water quality. This is praiseworthy.

But it’s clearly not enough, or not the right stuff. The health of the lakes is stagnating and that’s unacceptable.

If we truly want Great Lakes that are great and improving instead of fair and unchanging, we need to make some changes. We need a new kind of agriculture, a new kind of consumption, a new approach by industry. Where is this going to come from? It begins with the residents of the Great Lakes watershed.

The history of conservation and environmental protection over the last 150 years teaches us that citizens lead and politicians follow. So it is time for us to lead by example and by engagement with our government processes, and to hold those who degrade the Great Lakes accountable.

Our job is to look at ways we can live among these lakes in harmony and to pressure our governments and institutions to do the same. Unless that happens, we are likely to see the same reports every three years indefinitely.

And is that what we want for the Great Lakes?

 

Jake Bright to Swim the Manitou Passage to Benefit FLOW, North Manitou Light Keepers

Published on August 2nd, 2022 by - Blog Posts, Reports & Media Releases

Editor’s note: This is a FLOW media release issued August 3, 2022. Members of the media can reach open water swimmer Jake Bright at jake@jakebright.com, 347-204-7576; FLOW Executive Director Liz Kirkwood at liz@flowforwater.org, 570-872-4956; and NMLK President Daniel Oginsky at dan@northmanitoulightkeepers.org, 810-360-3768. The event’s fundraising page can be found here at GoFundMe or https://gofund.me/267456f4.

TRAVERSE CITY, Mich. – Jake Bright, a trained open water swimmer originally from Traverse City who now lives in New York, will pursue the first official solo swim of the Manitou Passage following USA Swimming’s open water rules.  The swim will occur in late August and – upon completion – will receive ratification by the World Open Water Swim Association. The specific date of the swim will depend on weather conditions, but will occur between August 22 and September 3.  “The incredible fresh water of Lake Michigan and the amazing beauty of the Sleeping Bear Dunes are central to my upbringing, so I want to do something inspiring and charitable to celebrate them,” Jake Bright said. Jake will document the experience on social media via #ManitouSwim

A Challenging Swim: First of Its Kind

The 6.91-mile marathon swim will start at Sleeping Bear Point, in the Sleeping Bear Dunes National Lakeshore, and finish at the South Manitou Island Lighthouse.  Depending on conditions, the swim will likely take around three hours to complete and be made in water temperatures ranging from 55 to 70 degrees fahrenheit.  In accordance with USA Swimming open water rules, Jake will navigate by sight, wear an International Swimming Federation (FINA) approved wetsuit that provides marginal additional buoyancy, and use no aids, such as fins, paddles, or flotation devices.  A safety boat will accompany Jake – without providing aid for the swim – and an observer will document the swim for World Open Water Swim Association ratification.  

Raising Support for Preservation and Protection in the Region

Jake wants to use his swim to raise money for two non-profit organizations dedicated to protection and preservation in the region.  One is North Manitou Light Keepers (NMLK), whose mission is to restore and maintain the North Manitou Shoal Light (an offshore lighthouse in the Manitou Passage) and make it accessible to the public.  The other is FLOW (For Love Of Water), which is a law and policy center dedicated to ensuring the waters of the Great Lakes Basin are healthy, public, and protected for all.

All funds raised for this event will be allocated equally between NMLK and FLOW, with no deductions made for administrative expenses. “I’m a huge fan of both of these organizations and what they are doing to step up and help preserve and protect two things I love so much: Michigan’s fresh water and the Manitou Passage,” Jake said.  Contributions to Jake’s #ManitouPassageSwim fundraiser event can be made via GoFundMe here. 

More about Jake Bright

Jake currently resides in New York.  He was born in Traverse City and grew up swimming in Lake Michigan.  He began recreational open water swim competition in 2007.  He has since completed over 45 races in distances of up to 10K.  Since moving from Northern Michigan, Jake said, “swimming in salt water has made me more fond and proud of all of Michigan’s freshwater spaces.”  Jake used to ride the school bus to Long Lake Elementary with Jake Kaberle, currently owner of Burritt’s Fresh Market in Traverse City and a founder of North Manitou Light Keepers.  His 4th grade teacher there was Moomers Founder Nancy Plumber.  Jake Bright said, “I’m so excited to reconnect with folks I grew up with in this adventure.”  In the 1990s, Jake canoed the Manitou Passage with a high school classmate.  “It’s funny now to remember how my buddy and I were chided by the island park ranger when we came out via canoe, and now I am going to swim it instead.”

More about FLOW, NMLK

North Manitou Light Keepers is a 501(c)(3) non-profit organization with a mission to restore and preserve the North Manitou Shoal Lighthouse and make it and its history available to the public for education and appreciation. For more information visit https://northmanitoulightkeepers.org/.  

FLOW (For Love of Water) is a 501(c)(3) non-profit that serves as a Great Lakes law and policy center dedicated to ensuring the waters of the Great Lakes Basin are healthy, public, and protected for all. For more information visit https://forloveofwater.org/.

More about the Manitou Passage

Located in Northwest Lower Michigan, the Manitou Passage is a Lake Michigan waterway between the Sleeping Bear Dunes National Lakeshore and North and South Manitou Islands. 

The passage was named and first navigated by Native Americans and is steeped in Great Lakes Maritime history. The Manitou Passage has been used as a commercial shipping channel regularly since the early 1800s.  

While the passage remains relatively calm in late summer, it is also historically dangerous for maritime traffic in the fall and winter seasons. As such, the waters surrounding the Manitou Passage contain the remains of over 50 shipwrecks, many of which are documented by the Manitou Passage Underwater Preserve. 

‘A Step toward Victory for the Public and the Great Lakes’

Published on July 7th, 2022 by - Blog Posts, Reports & Media Releases

Editor’s Note: The following is a statement from Jim Olson, Senior Legal Advisor at FLOW (For Love of Water), the Great Lakes law and policy center based in Traverse City. The statement is in response to the decision today by the Michigan Public Service Commission (MPSC) at its regular meeting to reopen the record to gather more information on the safety and engineering of a 21-foot-diameter tunnel intended to house a new segment of the Line 5 pipeline, as proposed by Canadian oil-transport giant Enbridge. Enbridge proposes to bore and blast a tunnel through the public bottomlands in the Straits of Mackinac, where Lake Michigan meets Lake Huron at the very heart of the Great Lakes. The MPSC also requested additional information on the safety of the existing Line 5 oil pipelines in the open waters of the Straits, which Enbridge continues to operate in defiance of a shutdown order issued in November 2020 by Gov. Gretchen Whitmer. FLOW also filed a formal comment today with the MPSC.

“Today’s approval by the Michigan Public Service Commission of an order to reopen the record and gather more information on the safety and engineering of the oil pipeline tunnel that Enbridge proposes to construct through the public bottomlands of the Straits of Mackinac before making any final decision is a step toward victory for the public and the Great Lakes.

Jim Olson, FLOW’s Founder and Senior Legal Advisor

“The MPSC also wisely requested more information on the safety of the dangerous, nearly 70-year-old Line 5 oil pipelines in the open waters of the Great Lakes. The MPSC has once more demonstrated its strong sense of responsibility to address Line 5’s inevitable, adverse effects on the Great Lakes, communities, and the rights of the public and environment in the Great Lakes and Straits of  Mackinac.

Today’s approval by the Michigan Public Service Commission of an order to reopen the record and gather more information on the safety and engineering of the oil pipeline tunnel that Enbridge proposes… is a step toward victory for the public and the Great Lakes.

“More than two years after Enbridge applied for the MPSC’s approval to construct a massive, 21-foot-diameter oil tunnel under the Great Lakes, it’s clear that Enbridge has failed to demonstrate the safety and feasibility of the $1 billion-plus project and even more questions are being raised about the Line 5 oil pipelines that continue to endanger the Great Lakes, our economy, and way of life.

Screenshot of MPSC commissioners meeting July 7, 2022, in Lansing, Mich. From left: Katherine Peretick, Chairman Dan Scripps, & Tremaine Phillips.

“FLOW and other interested parties have identified critical deficiencies in the tunnel project’s construction permit application, its legal authorization, and the review by state environmental agencies of expected impacts to wetlands, bottomlands, and surface water, including from the daily discharge of millions of gallons of wastewater during construction. FLOW also has deep concerns about the lack of public necessity for the project, which would worsen climate change and related impacts to the Great Lakes.

FLOW has deep concerns about the lack of public necessity for the project, which would worsen climate change and related impacts to the Great Lakes.

Screenshot of Marshall Clabeaux, of Lansing, expresses opposition to the proposed Line 5 oil tunnel during public comment at the July 7, 2022, MPSC meeting in Lansing.

“The MPSC’s decision to seek more safety information upholds its solemn, legal responsibility under Michigan’s constitution and environmental and public trust laws to protect people, communities, the Great Lakes, and the environment from the effects of climate change from this massive project that would facilitate the continued production and consumption of 8.3 billion gallons of oil a year for the next 99 years. 

“No one disputes the obligations of the State and MPSC to protect the public rights of citizens in the Great Lakes. Based on Michigan Supreme Court decisions, the MPSC  is one of the ‘sworn guardians’ of the Great Lakes and the public trust rights of all citizens in Michigan. The threat of devastating physical impacts to the Straits, the fish habitat, risks to the environment, the rights of citizens for fishing, boating, swimming, drinking water and health, and the tribal culture and fishing rights are real. The effects from climate change to the Great Lakes, infrastructure, communities, health, and environment are devastating and undeniable.

The threat of devastating physical impacts to the Straits, the fish habitat, risks to the environment, the rights of citizens for fishing, boating, swimming, drinking water and health, and the tribal culture and fishing rights are real.

“The MPSC on April 21, 2021 ordered a full and complete hearing record on climate and environmental effects and the rights of  citizens under the Michigan Environmental Protection Act (MEPA). Today’s Order is consistent with that decision and the duties of the MPSC under the MEPA and public trust law.  Under MEPA, given these likely effects, the Enbridge Line 5 tunnel project was properly remanded for a more thorough investigation of these matters. This includes consideration of reduction of greenhouse gases through alternatives to Line 5 and the Tunnel Project. 

With society’s urgent need to tackle climate change head on and ensure freshwater security, Enbridge cannot show that its proposed fossil fuel infrastructure is a credible solution for Michigan’s 21st century just and equitable future.

“Moreover, the tunnel and tunnel pipeline have never been authorized by the Department of Environment, Great Lakes, and Energy as required by  the Great Lakes Submerged Lands Act and public trust law. Under these laws, the company must obtain authorization to use, not just construct, the public trust waters and submerged lands of Michigan. Enbridge has never obtained this authority. 

“With society’s urgent need to tackle climate change head on and ensure freshwater security, Enbridge cannot show that its proposed fossil fuel infrastructure is a credible solution for Michigan’s 21st century just and equitable future.”

Background: See FLOW’s additional coverage of the MPSC review of the Enbridge oil pipeline tunnel here: https://forloveofwater.org/?s=MPSC.

FLOW Press Statement—Today’s U.S. Supreme Court decision in West Virginia v. EPA

Published on June 30th, 2022 by - Blog Posts, Reports & Media Releases

Traverse City, Mich.— The following is a press statement from Jim Olson, Senior Legal Advisor at FLOW (For Love of Water), the Great Lakes law and policy center based in Traverse City, in response to the United States Supreme Court’s 6-3 decision today in West Virginia v. EPA, which cripples the U.S. Environmental Protection Agency’s ability to limit greenhouse gas emissions under the federal Clean Air Act from existing coal plants to combat climate change.

“It appears the Supreme Court has chosen a political agenda over the law and legal precedent established since the 1970 passage of the Clean Air Act, which authorizes the EPA to set standards on emissions from air pollutants. The Supreme Court previously ruled that the EPA has authority to set standards on emissions because greenhouse gasses are pollutants. Today, the Supreme Court departs from this precedent by weakening EPA’s authority to limit emissions from coal-fired power plants.

“The effect of the Supreme Court’s decision cannot be overstated: At a time when coal plants are being shut down as states, the nation, and world shift to renewable, clean energy, the Court has sponsored the continued burning of coal that will accelerate the climate crisis.

“It is now even more important that states like Michigan step up to defend and strengthen their environmental safeguards. Fortunately, under the Clean Air Act, states can continue to limit and force the shutdown of existing coal plants under state laws and regulations. Just last week the Michigan Public Service Commission, after nearly a decade of contested energy and legal issues, approved a settlement and order that will require Consumers Energy to shut down its remaining coal-fired power plants within 3 years.”

FLOW’s Jim Olson and Dave Dempsey Honored by IAGLR for Great Lakes Protection Efforts

Published on June 20th, 2022 by - Blog Posts, News, Reports & Media Releases

Photo: FLOW’s Jim Olson (left) and Dave Dempsey.

Note: This is a FLOW media release issued June 21, 2022. Members of the media can reach FLOW’s:

  • Jim Olson, Founder & Senior Legal Advisor at Jim@FLOWforWater.org.
  • Dave Dempsey, Senior Policy Advisor, Dave@FLOWforWater.org.
  • Liz Kirkwood, Executive Director, at Liz@FLOWforWater.org or cell (570) 872-4956 or office (231) 944-1568.

Traverse City, Mich.— FLOW’s Founder and Senior Legal Advisor Jim Olson and Senior Policy Advisor Dave Dempsey on June 15, 2022, were awarded prestigious honors for their career-long efforts to protect the waters of the Great Lakes and the environment and to educate and build support among the public and decision makers.

The awards were bestowed during an online ceremony by the International Association for Great Lakes Research (IAGLR).

IAGLR is a scientific organization made up of researchers studying the Laurentian Great Lakes, other large lakes of the world, and their watersheds, as well as those with an interest in that research. The new award recognizes and honors individuals whose work has made significant contributions to sharing the social, economic, and ecological understanding of the large lakes of the world. The complete list of those honored at the IAGLR Awards Ceremony is here.

Jim Olson, FLOW’s founder and senior legal advisor, received one of the inaugural Large Lake Champion Awards for his “tireless efforts in protecting the environment in and around the Laurentian Great Lakes region, including his founding of the organization For Love of Water (FLOW).” 

​In announcing the award, IAGLR Awards Committee Co-Chair Neil Rooney expressed “appreciation for Jim’s extraordinary knowledge of environmental, water, and public interest law, and how he has used his skill set to advocate for the protection of these unique and essential ecosystems.” The complete list of Large Lake Champions is here.

Olson received the news with the same humility he has brought to his decades of work protecting the public waters of the Great Lakes—at the surface, in the ground, and from the tap.

“This caught me by complete surprise,” Jim Olson said. “So many dedicated people around our Great Lakes are deserving of this honor. I receive it in recognition of the many clients, organizations, people I’ve worked with over the years, especially the inspiring staff, Board, and supporters of For Love of Water. This is as much theirs as it is mine.”

“Thank  you, IAGLR, for this award,” Olson said. “Over the years, it has been those scientists within our Great Lakes region who have spent their lives in search of the truth of the mysteries and graces of our natural world—ultimately, the measure of how well or not we humans inhabit it—who have made a difference.”

IAGLR honored Dave Dempsey, FLOW’s senior policy advisor, with its John R. (Jack) Vallentyne Award, which recognizes “significant efforts to inform and educate the public and policymakers on large lakes issues to raise awareness and support for their protection and restoration.” The award is named for long-time IAGLR member and environmental scientist and educator, John R. (Jack) Vallentyne.

“Dave Dempsey is an unmatched Great Lakes resource,” wrote Lana Pollack, former US Section Chair of the International Joint Commission, in her letter nominating Dempsey for the award. “Deeply curious and wholly identified with the Great Lakes, he has devoted his life to understanding and helping others understand the Basin. An innately generous person, for decades Dave has stepped up to inform and assist colleagues, resource managers, legislators, reporters, educators, environmental advocates, business and labor interests, and of course countless students—all of them seeking well-founded information on a myriad of resource management and environmental policy issues.”

“He is not only a talented and well-respected policy advisor, but a gifted author and storyteller,” notes John Hartig, Visiting Scholar at the Great Lakes Institute for Environmental Research at the University of Windsor, in his nomination letter. “His writing is a unique blend of his 30-year career shaping Great Lakes policy and his passion for inspiring a stewardship ethic for our inland seas.”

In receiving the award, Dave Dempsey said, “I’m very humbled by this award for two reasons. First that it comes from IAGLR, which I have great respect for. And I’m also humbled because to have my name associated with Jack Vallentyne in any way is a remarkable thing.” 

Dempsey recalled speaking with Vallentyne when doing research. “He impressed me not only as one of the fathers of the ecosystem approach to Great Lakes management, but he also was a very effective educator of young people. I think that’s what we all need to be.”

FLOW Executive Director Elizabeth Kirkwood called Olson’s Large Lake Champion Award “a richly deserved recognition of a career spent defending the Great Lakes and educating thousands of people across the continent on the importance of these precious fresh waters and the rights of the public to protect these waters under a legal principle known as the public trust doctrine. Everyone at FLOW is proud to be associated with Jim.”

“Dave Dempsey’s encyclopedic knowledge, clarity of conscience of what is good and right, reasoned voice, and gifted ability to speak and write in sparring, well-chosen words about the environmental history of, and policies related to, the Great Lakes are remarkable,” said Kirkwood. “It is the reason why lawmakers from both sides of the aisle, citizens, resource managers, business leaders, journalists, and lawyers have sought Dave’s advice for over three decades.” 

“Dave’s contributions to the protection of the Great Lakes are abundantly clear, and I can think of no other more deserving of such an honor as the Vallentyne Award than Dave Dempsey,” Kirkwood said.

Building Consensus to Protect Michigan’s Groundwater

Published on June 9th, 2022 by - Blog Posts, Reports & Media Releases

The old saying, “out of sight, out of mind,” all too often characterizes Michigan’s approach to groundwater.

Understanding that Michigan residents and key stakeholders should value stewardship of all water, including groundwater, FLOW in January 2021 launched and convened the Michigan Groundwater Table composed of diverse membership and perspectives. After more than a year of work, FLOW is releasing a report today, and accompanying story map, on the Groundwater Table’s work.

The report, Building Consensus: Securing Protection of Michigan’s Groundwater, reflects the work of 22 knowledgeable and influential stakeholders from local government, academia, and regulatory agencies. It contains consensus findings about the status of Michigan’s groundwater and also recommendations on how to improve its protection. Although consensus was not achieved on all groundwater policy options, we are heartened by progress toward consensus on several recommendations related to:

  • Polluter pay
  • Private wells
  • Agricultural stewardship
  • Statewide septic code
  • Public education
  • Data tools.

Michigan’s groundwater is a critical part of Michigan’s present and future. Increasing population, a changing climate, and limited public funding for prevention and cleanup of contamination will continue to stress groundwater resources.

Groundwater Table members also agreed that Michigan’s groundwater is a “critical and often overlooked resource,” vital to the state’s public health, agriculture and other businesses, coldwater fisheries, stream ecology, and wetlands, and accounts for at least 25% of the total water inflow to the Great Lakes via groundwater inflow into tributaries. They also found that Michigan has underinvested in monitoring, mapping, and reporting groundwater quantity and quality.

The immersive story map, meanwhile, takes you on a visual journey from the groundwater basics to unique ecosystems, threats, and protection.

FLOW’s Commitment to Groundwater Protection

In a series of reports dating back to 2018, FLOW has called attention to the gap between the importance of groundwater to Michigan’s health and welfare and the state’s historically inconsistent groundwater policies. We have spotlighted groundwater because a significant percentage of the population knows and thinks little of it, even though groundwater provides drinking water, supports agriculture and industry, is critical to Michigan’s internationally renowned trout streams, and more.

The Building Consensus report concludes that Michigan’s groundwater is a critical part of Michigan’s present and future. Increasing population, a changing climate, and limited public funding for prevention and cleanup of contamination will continue to stress groundwater resources. Unless policymakers make a lasting commitment to groundwater protection and stewardship, Michigan will suffer from a degraded resource unable to serve the state’s needs.

The blueprint now exists for protecting Michigan’s groundwater—it is time to act on it.

FLOW to Mackinac Straits Corridor Authority: No Enbridge Oil Tunnel Without Authorization Under the Public Trust Doctrine

Published on June 7th, 2022 by - Blog Posts

Editor’s Note: FLOW today resubmitted the following formal comments from February to the Mackinac Straits Corridor Authority in advance of the Authority’s 10 a.m. public meeting in St. Ignace regarding Enbridge’s oil tunnel proposed through public bottomlands in the Straits of Mackinac. See the Authority’s June 7, 2022, meeting agenda, and learn about the opportunity to comment in person or online. Members of the media, please contact FLOW Legal Director Zach Welcker at (231) 620-7911 or Zach@FLOWforWater.org with any questions.

June 7, 2022 (Originally submitted on February 14, 2022)

Dear Honorable Members of the Mackinac Straits Corridor Authority (“MSCA”):

Thank you for the opportunity to comment.

FLOW urges the MSCA to suspend further consideration of this ill-conceived oil tunnel project until Enbridge seeks and obtains legal authorization to occupy state bottomlands from appropriate state agencies.

FLOW urges the MSCA to suspend further consideration of this ill-conceived oil tunnel project until Enbridge seeks and obtains legal authorization to occupy state bottomlands from appropriate state agencies.

We have previously provided the MSCA with detailed analyses of this issue and hereby incorporate those by reference in lieu of repeating them here. See FLOW’s September 21, 2021 Letter; FLOW’s March 5, 2020 Comments; FLOW’s December 18, 2018 Comments; oral testimony to the MSCA on March 6, 2020, February 3, 2021, and October 13, 2021. Suffice to say, Enbridge has not received authorization from EGLE to occupy state-owned bottomlands under the Great Lakes Submerged Lands Act, 324.32502-32508 and rules. Nor has the DNR made the required public trust findings to authorize a public-utility easement under Act 10, now MCL 324.2129. Without such authorization, Enbridge does not have a “legal warrant” to occupy state-owned bottomlands. See Obrecht v. Nat’l Gypsum Co., 361 Mich. 399, 416 (1960). Thus, it would be a waste of time and resources for the MSCA to continue considering Enbridge’s proposal at this time.

If the MSCA decides to the peril of Michiganders to disregard Enbridge’s lack of authorization for this project, it must contend with the fact that Enbridge’s proposal to build a new oil pipeline inside a new tunnel underneath the Straits of Mackinac has ballooned into a supersized infrastructure project. In comparison to the original project, the diameter of the tunnel will now require a tunnel boring machine four times the size initially proposed. Correspondingly, the amount of excavated material that must be transported and disposed of has quadrupled.

Testimony from Enbridge’s geotechnical expert, Michael Mooney, before the Michigan Public Service Commission (“MPSC”) indicates that the tunnel must also be bored deeper than the original design, stating: “The depth to rock was determined to be deeper than assumed during the Alternative study and the resulting vertical profile takes the tunnel deeper in order to remain fully within rock. The geotechnical investigation also revealed highly fractured rock in places that would yield high groundwater pressures during construction.” On file with the MPSC, pp. 19-20.

Yet Enbridge’s initial $500 million estimate of the cost of the tunnel has not been revised. Experts have raised a host of related geotechnical and safety concerns. Significantly, Enbridge has also recently informed the Federal Energy Regulatory Commission that climate concerns may limit the expected service life of the proposed tunnel to twenty years. The MSCA must accordingly reevaluate the prudence of moving forward with this project in light of these significant developments.

Shrinking Our ‘Water Footprint’ to Protect the Great Lakes

Published on May 18th, 2022 by - Blog Posts, News

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

Published on April 5th, 2022 by - Blog Posts

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.