Tag: great lakes

Preview: SepticSmart Week Aims to Protect Water Quality and Public Health across Michigan, USA

Published on September 15th, 2022 by - Blog Posts

Photo of the Au Sable River by the Michigan Department of Natural Resources.

In the Great Lakes State, we sometimes take water for granted. We turn on the tap and expect our drinking water to be safe. We wade or swim in a lake and assume it is clean. And we flush a toilet believing a sewage plant will cleanse the waste before it enters the environment. But sometimes none of those assumptions is true.

Many Michiganders live in residences that are not connected to sewage plants. Approximately 1.3 million residences and businesses in mostly rural areas use on-site sewage systems, also known as septic systems, to treat and release their sewage. Unfortunately, an estimated 10%, or 130,000 of Michigan’s septic systems, are malfunctioning or failing, releasing an estimated 9.4 billion gallons of untreated sewage into the soil and environment each year.

Despite the threat to water quality and public health posed by failing septic systems, Michigan remains the only state in the country without a uniform septic code to set basic standards to govern how on-site sewage treatment systems. 

Testing has detected the bacteria and chemicals from untreated human waste in groundwater, lakes, and streams in Michigan, and in the drinking water wells of the residents and their neighbors. Despite the threat to water quality and public health posed by failing septic systems, Michigan remains the only state in the country without a uniform septic code to set basic standards to govern how on-site sewage treatment systems are designed, built, installed, periodically inspected, and maintained. 

Michigan must do better to protect its residents and freshwater environment from human waste.

SepticSmart Week Starts September 19

Starting on Sept. 19, SepticSmart Week, is an opportunity for all Michiganders to learn about the problem of failing septic systems and solutions in order to protect not only our waters, but our health. The U.S. Environmental Protection Agency launched the annual educational campaign a decade ago, and the State of Michigan, other states, communities, and organizations, including FLOW, are partners and participants.

Each weekday next week, FLOW will release SepticSmart Week content, including original articles and videos providing facts, tips, and inspiration to help you be part of the solution to this shared challenge of not only septic system pollution, but also the broader challenge of surface and groundwater contamination in Michigan. 

Stay tuned during SepticSmart Week to www.ForLoveOfWater.org and FLOW’s Facebook, Instagram, Twitter, and YouTube.

FLOW continues to work with the public and partners—community leaders, scientists, public health experts, academics, environmental advocates, realtors, and state and local lawmakers—to seek solutions to unregulated, polluting septic systems. Public education is vital to solving the longstanding problem. Stay tuned during SepticSmart Week to www.ForLoveOfWater.org and FLOW’s Facebook, Instagram, Twitter, and YouTube.

Hundreds Attend Army Corps Hearing, Strong Majority Speaks Out against Proposed Oil Pipeline Tunnel under the Great Lakes

Published on September 12th, 2022 by - Blog Posts

Above: Hundreds of people attend a public comment session held by the U.S. Army Corps of Engineers on the oil pipeline tunnel proposed by Enbridge under the Straits of Mackinac, on Sept. 8, 2022, at Little Bear East Arena in St. Ignace, Michigan. Photos by Kelly Thayer.

By Kelly Thayer, FLOW Deputy Director

Katie Otanez, Regulatory Project Manager for the U.S. Army Corps of Engineers, Detroit District, delivers a presentation on Sept. 8, 2022, in St. Ignace, Mich., while Army Corps staff look on.

Five-and-half hours into a marathon federal hearing that lasted seven hours on Thursday, September 8, in St. Ignace, Michigan, more than 4 out of 5 people who spoke said that an oil pipeline tunnel proposed under the Great Lakes was a dangerous idea that would rob future generations by threatening the most precious thing on earth — fresh water — and worsening the climate crisis.

The U.S. Army Corps of Engineers held the public comment session to help set the scope of its environmental impact statement study of a proposal by Enbridge, Inc., of Canada, to build an oil tunnel under the Straits of Mackinac to house its Line 5 oil pipeline, which carries oil from western Canada primarily to refineries in Sarnia, Ontario. The Army Corps study is expected to continue through at least 2023.

U.S. Army Corps welcome sign on Sept. 8, 2022, in St. Ignace, Mich.

Hundreds of people attended the meeting at Little Bear East Arena, a local hockey facility just north of the Mackinac Bridge in the eastern Upper Peninsula, with each commenter taking up to three minutes to address the Army Corps staff seated up front. Most people expressed deep concern for the harm that construction or a potential explosion or spill from the operation of an oil pipeline tunnel could have on their children and grandchildren’s future, local residents, the Great Lakes, drinking water, tourist economy, and jobs — as well as tribal rights, tribal member survival, cultural heritage, the fishery, ecology of the Straits of Mackinac, and the climate.

Whitney Gravelle, president of the Bay Mills Indian Community, was the first to speak at the Army Corps meeting against the tunnel proposal and sought to change the narrative promoted by Enbridge in its multimillion-dollar advertising campaign. “Line 5 is not about Enbridge. It is not about jobs. It is not about profit. It is about the continued existence of my people here in the State of Michigan.”

Whitney Gravelle, President of the Bay Mills Indian Community

“Line 5 is not about Enbridge. It is not about jobs. It is not about profit. It is about the continued existence of my people here in the State of Michigan.” — Whitney Gravelle, president of the Bay Mills Indian Community

“We rely on all of those natural resources to be able to live, to be able to support our families and just exist as Anishinaabe people,” said President Gravelle, emphasizing that more than half of Bay Mills tribe members depend on their treaty rights to hunt, fish, and gather for subsistence.

Ian Bund, venture capitalist

Ian Bund, a venture capital investor who attended the hearing on his birthday to oppose the tunnel project, said, “There’s no evidence that Enbridge’s board of directors has approved the tunnel. Is it a PR stunt? Enbridge is largely uninsured, uninsurable, and un-bondable…. There’s no evidence how Enbridge would finance the tunnel project. One wonders if they might look to taxpayers.”

Enbridge, in fact, lacks adequate liability insurance, according to a report released by the Attorney General Dana Nessel’s office revealing that Enbridge’s subsidiaries, not its parent company, hold Line 5’s 1953 easement and signed the proposed tunnel agreement; the assets of the subsidiaries’ parent Enbridge are inadequate to cover the costs and economic damages in the event of a moderate spill.

Many Troubling Aspects of the Tunnel Proposal

Enbridge wants to blast and bore an oil tunnel under the Straits of Mackinac just west of the Mackinac Bridge. Credit: Flickr

Enbridge is proposing to bore and blast a 20-foot-in-diameter tunnel under the Straits of Mackinac to house a new Line 5 pipeline. The Canadian company’s goal is to continue for another 99 years carrying up to 23 million gallons of oil and natural gas liquids a day through Line 5 and State of Michigan public trust bottomlands where Lake Michigan meets Lake Huron, just west of the Mackinac Bridge.

FLOW and our partners have identified critical deficiencies in the project’s construction permit application, its legal authorization, and the review by State of Michigan 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 has expressed continuing concerns about the impact to the Great Lakes and lack of public necessity for the project, which would worsen climate change by adding greenhouse gas emissions each year equivalent to almost seven new coal-fired power plants or nearly 6 million new cars to the road, according to experts.

FLOW’s position, as expressed at the hearing in St. Ignace, is that the Army Corps’ environmental study of the tunnel proposal and alternatives must include, at a minimum:

  1. A no action alternative that would use existing capacity in other pipelines and, if necessary, other transportations solutions–such as rail and truck transport of natural gas liquids–in lieu of building new pipeline infrastructure.
  2. An alternative to connect Enbridge’s Superior, Wisc., and Sarnia, Ontario, terminals without crossing the Great Lakes. (See FLOW’s fact sheet on alternatives).
  3. A tunnel alternative that fully eliminates the risk of oil intrusion into the Straits in the event of an explosion or similar event.

Tribal Nations, agencies, communities, organizations, citizens, and other stakeholders can comment on the tunnel proposal through Oct. 14, 2022, via mail, through the Army Corps project website, or at the Army Corps’ Oct. 6, 2022, online meeting. The Oil & Water Don’t Mix campaign, of which FLOW is a founding steering committee member, also is collecting and forwarding comments to the Army Corps using an email template that suggests key points to make.

Oil & Water Don’t Mix Campaign Mobilizes Great Lakes Advocates

The Oil & Water Don’t Mix campaign chartered two buses that gathered people in Ann Arbor, East Lansing, and Traverse City to attend the Army Corps’ September 8 meeting, with FLOW, the Sierra Club Michigan Chapter, and several other allied groups helping organize the effort. Many riders wore the campaign’s black t-shirts with white letters proclaiming “No Line 5 Oil Tunnel.” At the session, Enbridge and some allied trade unions also wore bright blue or orange shirts expressing support for the proposed tunnel or labor to show their solidarity.

Kim Gribi of Traverse City

Lana Pollack, former U.S. Chair of the International Joint Commission

Several people, including Lana Pollack, former U.S. chair of the International Joint Commission, called Enbridge a “bad actor” with a long history of oil spills from Line 5, which runs through the Straits, and Line 6B in southern Michigan that burst in 2010 into the Kalamazoo River watershed.

Kim Gribi, a concerned citizen from Traverse City, also pointed to Enbridge’s “bad track record.” Gribi said that with her professional background in human resources and evaluating applicants for jobs, when it comes to the tunnel project and Enbridge, “I wouldn’t hire them.”

Barbara Stamiris of the Northern MI Environmental Action Council

Barbara Stamiris of the Northern Michigan Environmental Action Council and others questioned whether the tunnel proposal was a delay tactic by Enbridge to allow the Canadian energy-transport giant to keep running its Line 5 oil pipelines indefinitely in the open waters of the Straits of Mackinac, despite a standing order issued in November 2020 by Gov. Gretchen Whitmer to shut down the risky 69-year-old pipeline segment.

A number of people in their public remarks in St. Ignace requested that the Army Corps extend the 60-day comment period on the proposed tunnel and hold additional in-person meetings downstate to reach more people on such a critical matter as the future of the Great Lakes and the drinking water supply.

FLOW: There’s No Alternative to Fresh Water

FLOW Board member Barbara Brown, a St. Ignace resident who served for 14 years on the Mackinac Bridge Authority, pointed to what the region must protect above all else: our freshwater heritage. “We are rapidly moving toward alternative forms of energy. Enbridge already has, in Line 78 [in southern Michigan], an alternative route of delivery… What we do not have is an alternative to water.”

FLOW Board Member Barbara Brown, a resident of St. Ignace, Mich., addresses the Army Corps staff.

“We are rapidly moving toward alternative forms of energy. Enbridge already has an alternative route of delivery… What we do not have is an alternative to water,” said Barbara Brown, FLOW Board Member and St. Ignace resident

In fact, the North American energy pipeline system operated by Enbridge and its competitors has available capacity and flexibility to meet energy demand in the Great Lakes region without threatening public waters and the economy, according to multiple studies. One of Enbridge’s own experts has concluded gasoline prices will rise by about only half a penny in Michigan if the Line 5 oil pipeline shuts down.

“We are sitting today at the very heart of 20% of the world’s fresh surface water,” Brown said. “With much of humanity and the animal world on the brink of death for want of water, and we being at the center of the largest body of fresh surface water on the planet, it is bordering on the immoral to even entertain the unnecessary, continued operation of Line 5 through the Great Lakes whether by pipe or tunnel.”

As FLOW’s Deputy Director, I (the author of this article) helped coordinate the bus from Traverse City and in my comments, said, “The Straits of Mackinac is the worst possible place to build and operate an oil pipeline tunnel. Any rupture, explosion, or other event resulting in a major oil spill in the Straits would contaminate the very heart of the Great Lakes, which hold 95% of the fresh surface water in the United States.”

As a result, “the Army Corps’ Environmental Impact Statement or ‘EIS’ review of the project should be scoped to eliminate the risk of a pipeline-related oil spill into the Great Lakes.” (Click to read Kelly Thayer’s full comment delivered on behalf of FLOW).

Regional and Binational Perspectives

Beth Wallace of the National Wildlife Federation

Michelle Woodhouse of Environmental Defence in Canada

Michelle Woodhouse, representing Environmental Defence Canada, came from Toronto to convey that many Canadians want to move rapidly away from oil extraction as a key driver of the economy in order to cope with the “climate emergency.” Woodhouse also pointed to indigenous cultural artifacts in the Straits of Mackinac that could be damaged by the tunnel proposal and said “clear alternatives exists” that would not harm the Great Lakes.

Beth Wallace of the National Wildlife Federation, Great Lakes Regional Center, spoke next and emphasized that Enbridge’s history of nearly three dozen oil spills from Line 5 and the 2010 oil spill disaster from Line 6B in Marshall, Michigan, are forewarnings of what could happen in the Straits of Mackinac.

Maya Ponton Aronoff pointed to better ways for Enbridge and trade workers to aid the residents of Michigan than building an oil pipeline tunnel under the Great Lakes.

“[Enbridge] could be replacing every lead-lined water pipe in Michigan that’s poisoning our children and our communities. They could be investing in renewable energy, creating jobs in solar and wind. They could be doing anything with their billions of dollars. But they’re making us believe this lie that we have to choose between jobs and our future,” said Maya Ponton Aronoff

“[Enbridge] could be replacing every lead-lined water pipe in Michigan that’s poisoning our children and our communities,” Ponton Aronoff said. “They could be investing in renewable energy, creating jobs in solar and wind. They could be doing anything with their billions of dollars. But they’re making us believe this lie that we have to choose between jobs and our future.”

Army Corps Process to Continue through at Least 2023

Enbridge’s has applied for a Army Corps permit under the Rivers and Harbors Act of 1899 and the Clean Water Act, seeking federal approval to discharge dredged or fill materials into waters of the United States, as well as the construction of structures or work that may affect navigable waters. The Army Corps also will conduct an ethnographic/traditional cultural landscape study as part of the environmental impact statement under the National Historic Preservation Act. After considering public comment and issuing the draft EIS likely by fall 2023, the Army Corps will seek additional public feedback, release a final study, and then issue a “record of decision” regarding whether to issue, issue with modification, or deny the Department of the Army permit altogether — consistent with the National Environmental Policy Act.

The Army Corps, Detroit District, to date has identified general concerns in the following categories:

  • Potential direct effects to waters of the United States including wetlands; water and sediment quality; aquatic species and fisheries; threatened and endangered species;
  • Archaeological and cultural resources, including the Straits as a Traditional Cultural Landscape; Tribal treaty rights and interests;
  • Recreation and recreational resources; waste management; aesthetics; noise; air quality; climate change, including greenhouse gas emissions and the social cost of greenhouse gases;
  • Public health and safety during construction and operations; navigation; erosion; invasive species; energy needs; environmental justice; needs and welfare of the people; and cumulative effects.

FLOW’s legal team aided in this effort in December 2020 by submitting comprehensive comments to the U.S. Army Corps of Engineers calling for an environmental impact statement on behalf of a dozen organizations: Chippewa Ottawa Resource Authority, Clean Water Action—Michigan, FLOW, Groundwork Center, League of Women Voters of Michigan, Michigan Environmental Council, Michigan League of Conservation Voters, NMEAC, Sierra Club Michigan Chapter, Straits Area Concerned Citizens for Peace, Justice and Environment, Straits of Mackinac Alliance, and TC 350. The comments demonstrated a serious gap in Enbridge’s evaluation of the presence of loose, unconsolidated rock and sediment in the bottom of the Straits of Mackinac that Enbridge has characterized as solid bedrock.

Learn more about FLOW’s efforts to shut down Line 5 and stop the proposed oil pipeline tunnel on FLOW’s Line 5 program page and new Line 5 fact sheet.

EPA Move Has Big Implications for Michigan’s PFAS “Forever Chemical” Toxic Sites

Published on August 31st, 2022 by - Blog Posts

The proposal last week by the U.S. Environmental Protection Agency to list two “forever chemicals” as hazardous substances under the federal Superfund law could help spur cleanup actions in Michigan.

The two chemicals, known as PFOS and PFOA, were two of the most widely used per- and polyfluoroalkyl substances (PFAS) and were used in firefighting foams, nonstick kitchenware, and water repellent gear, among other things, before being phased out. The chemicals break down very slowly, if ever, in the environment, are found in the blood of nearly all Americans, and have been linked to kidney and testicular cancer, thyroid disease, and other human health impacts. Promisingly, scientists at Northwestern University recently discovered a new method for breaking down PFAS compounds that could prove to be a breakthrough for cleanups.

The Michigan Department of Environment, Great Lakes, and Energy (EGLE) so far has identified 228 PFAS contamination sites. In 2018, EGLE predicted more than 11,300 PFAS sites in Michigan might exist, but had not been investigated yet, including at fire stations, municipal airports, military sites, refineries and bulk petroleum stations, and wastewater treatment plants.

“If the proposed rule takes effect, the hazardous substance designation will create a mechanism for the EPA to hold polluters financially accountable, and it will also allow communities, local governments, and small businesses to sue polluters to recover costs,” said Anthony Spaniola, an activist fighting for cleanup of PFAS contamination from the former Wurtsmith Air Force base near Oscoda. 

“If the proposed rule takes effect, the hazardous substance designation will create a mechanism for the EPA to hold polluters financially accountable, and it will also allow communities, local governments, and small businesses to sue polluters to recover costs,” said Anthony Spaniola, an activist fighting for cleanup of PFAS contamination from the former Wurtsmith Air Force base near Oscoda. 

Spaniola added, “As the proposed rule makes its way through the process, EPA will also be accepting public comment regarding other members of the PFAS chemical class that should also be designated as hazardous substances. In the best of all worlds, this could open the door for regulation of PFAS chemicals as a class—which is what should be done.” 

Michael S. Regan,
EPA Administrator

“This is a significant political and policy statement from the Biden administration,” he said.

“Communities have suffered far too long from exposure to these forever chemicals,” said EPA Administrator Michael Regan in announcing the proposed rule. EPA will both help protect communities from PFAS pollution and seek to hold polluters accountable for their actions.

“Communities have suffered far too long from exposure to these forever chemicals,” said EPA Administrator Michael Regan in announcing the proposed rule. EPA will both help protect communities from PFAS pollution and seek to hold polluters accountable for their actions.

The proposed designation of PFOS and PFOA is not a done deal. Citizens will need to submit supportive comments during the official rulemaking process. EPA will be publishing the Notice of Proposed Rulemaking in the Federal Register before a 60-day comment period begins.

The Sea Lamprey Centennial: From Ruin to Rehabilitation

Published on August 22nd, 2022 by - Blog Posts

Photo: Sea lamprey have a large oral disk filled with sharp, horn-shaped teeth that surround a toothed tongue.

Many Great Lakes invasions of non-native species begin unnoticed—but not so with one of the most destructive invasions of all, the attack of the sea lamprey.

Fish with sea lamprey attached

The scourge of the Great Lakes fishery, the lamprey is believed to have appeared in Lake Ontario for some time, but was temporarily restrained by Niagara Falls from reaching the other Great Lakes. But after improvements to the Welland Canal, which bypasses the Falls, on November 8, 1921, just over a century ago, an Ontario commercial fisherman trolling in central Lake Erie noticed a lamprey much larger than the native, non-destructive lampreys that he occasionally netted. The University of Toronto identified it as a sea lamprey, and the invasive species’ war on the Great Lakes fishery was on.

“Throughout the next two decades, sea lampreys spread, unchallenged, throughout Lakes Michigan, Huron and Superior,” the Great Lakes Fishery Commission says, “wantonly killing hundreds of millions of pounds of fish along the way.”

“Throughout the next two decades, sea lampreys spread, unchallenged, throughout Lakes Michigan, Huron and Superior,” the Great Lakes Fishery Commission says, “wantonly killing hundreds of millions of pounds of fish along the way.”   

Looking like something out of a horror movie, sea lamprey have remained largely unchanged for more than 340 million years. Sea lamprey have a cartilaginous skeleton and a large oral disk filled with sharp, horn-shaped teeth that surround a toothed tongue. The oral disk allows them to attach to, and the toothed tongue allows them to rasp a hole into the side of, a host fish and feed on its blood and other body fluids.  Each lamprey can kill up to 40 pounds of fish over its 12-18 month feeding period.

Only one in seven Great Lakes fish survived lamprey attacks, and 85% of fish that survived had scars signaling they had been attacked.  Before the lamprey invaded, anglers harvested about 15 million pounds of lake trout in the upper Great Lakes each year. By the early 1960s, the catch had dropped to approximately 300,000 pounds, about 2% of the previous average.

Calling the lamprey invasion “arguably one of the worst ecological disasters in history,” the Great Lakes Fishery Commission has a more positive view of the response to the invasion by Canada and the United States.

The establishment of the Fishery Commission itself was part of the response, created by the two nations in 1955 to find an answer to the lamprey invasion. In a remarkable feat of research, scientists tested thousands of chemical compounds, looking for one that would primarily target lamprey, until they discovered the lampricide TFM. “It’s easy to kill fish but hard to kill just what you’re after,” says Marc Gaden, communications director for the Fishery Commission.

Sea lamprey populations are down by 90-95% from their historical highs in most areas of the Great Lakes, “certainly beyond the wildest expectations of those who established the program in 1954.” Gaden says. Barriers and dams also control sea lamprey.

To maintain the success in controlling sea lamprey, the Canadian and U.S. governments spend over $20 million a year on lampricide treatments and other control measures—and will probably have to continue control efforts in perpetuity. The rule with Great Lakes invasive species is that once they’re here, they’re here to stay, although with some species you can knock down their populations to manageable numbers.

“Sea lampreys—just like zebra mussels—are major ecosystem disruptors,” says Cory Brant, author of Great Lakes Sea Lamprey: The 70-Year War on a Biological Invader. “If we let up, they will make a comeback and feed on any large-bodied fish they can find, including lake trout, Chinook salmon, and the endangered sturgeon.”

“Sea lampreys—just like zebra mussels—are major ecosystem disruptors,” says Cory Brant, author of Great Lakes Sea Lamprey: The 70-Year War on a Biological Invader. “If we let up, they will make a comeback and feed on any large-bodied fish they can find, including lake trout, Chinook salmon, and the endangered sturgeon.”

Gaden remains optimistic. “The annual appropriation is a small, small fraction of the $7 billion Great Lakes fishery, and it’s good that elected officials see the clear connection between low lamprey numbers and the valuable fishery, leading to bipartisan support for the Commission’s lamprey control work.”

And there are promising new lamprey control approaches. Says Gaden: “We are on the cusp of using pheromones and repellents in the field as control techniques. Our scientists are honing in on concentrations needed to affect behavior.” The Fishery Commission also is beginning to explore genetics as a control technique.

FLOW: Today’s Line 5 Court Decision is Bad for the State of Michigan, Bad for State Courts, and Bad for Plaintiffs

Published on August 18th, 2022 by - Blog Posts, Reports & Media Releases

Editor’s note: The following is a press statement from Zach Welcker, Legal Director of FLOW (For Love of Water), the Great Lakes law and policy center based, in response to U.S. District Judge Janet Neff’s 13-page decision today to deny the motion to remand the case to state court in Nessel v. Enbridge, filed by Michigan Attorney General Dana Nessel on June 27, 2019. Members of the media can reach Zach Welcker, FLOW Legal Director, at Zach@flowforwater.org or by cell at 231.620.7911.

“The U.S. District Court’s decision today to exercise federal jurisdiction over the State of Michigan’s Line 5 oil pipeline lawsuit, which Line 5-owner Enbridge had previously chosen to litigate in state court for more than 2 years, is bad for the State of Michigan, bad for state courts, and bad for plaintiffs.

“State-court defendants who have a plausible basis for federal jurisdiction are no longer obligated to seek removal within the statutory timelines established by Congress, but can now play their removal card at the time of their choosing. This gives defendants nearly unfettered discretion to seek refuge in federal court when things are not going their way in state court.

“The effect is that the State of Michigan now will have to expend precious resources relitigating matters it has already litigated in state court for more than two years and, more generally, that federal courts are free to pull the rug out from under state-court proceedings at the whim of opportunistic defendants like Enbridge.”

A Modest Proposal: The Biggest State Park in America

Published on August 12th, 2022 by - Blog Posts

When Michiganders want to point out where a specific location lies in the state, we often raise our hands and point at a spot somewhere on our palms.  Indeed, our identity is tied up in nicknames like The Mitten State.

But the legal boundaries of Michigan look nothing like a mitten or a hand. They are far broader, too.

Michigan includes over 38,000 square miles of Great Lakes surface area and underlying submerged lands.  These often-forgotten lands, when added to the Michigan land base above water, move Michigan from 22nd largest state to 11th. The 38,000 square miles of underwater land constitute more than one-third of the total area of Michigan and are larger than 11 states in the Union. Over water, Michigan borders not just Wisconsin, Indiana and Ohio, but also Minnesota and Illinois.

By virtue of the public trust doctrine, both the open waters of the Great Lakes and underlying submerged lands are held in trust by the State of Michigan on behalf of the people of Michigan. The title and ownership of these waters and underlying submerged lands vested in the State of Michigan on admission to the Union on January 26, 1837, to be held in trust for the benefit of its citizens.

The public trust doctrine confers an obligation on the State of Michigan, as trustee, to protect public ownership of these open waters and submerged lands and to protect public uses of them including swimming, boating, fishing, sustenance, drinking water, sanitation, and many others.

Great Lakes submerged lands contain significant historical, ecological, biological, geological and other features–everything from suspected ancient aboriginal hunting sites established when water levels were far lower, to lake bottom sinkholes that mimic the environment of the early Earth.

Great Lakes open waters and underlying submerged lands are a unique endowment belonging to the people of Michigan, unlike that of any other state, and should be a source of pride for all Michiganders. They should be even more than that. They should be declared a state park officially open to all, for enjoyment by all.

It is not a new idea. Legislators proposed an official state park designation for Michigan’s Great Lakes waters and submerged lands in 2007 and 2008. But the legislative clock ran out.

Designating Great Lakes water and submerged lands a state park will affect their use little if at all in the short run. There won’t be an entrance fee as exists at traditional state parks. But the park concept would open the door to education and awareness among Michigan residents of the beauty beneath the waters and the need to protect it. Michiganders would benefit from that.

It’s time to revive the idea. Talk about national notoriety–a new state park larger than the entire state of Indiana.

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.