St. Clair County, Michigan CCO Meeting Presentation [.pdf]
Tuesday, February 26, 2019
CCO 1:00-3:00pm, Open House 4:00-6:00pm
Clay Township Hall
4710 Pointe Tremble Road (M29)
Clay Township, Michigan 48001

Wayne County, Michigan CCO Meeting Presentation [.pdf]
Wednesday, February 27, 2019
CCO 2:00-4:00pm, Open House 5:00-7:00pm
Wayne County Community College, Frank Hayden Room
1001 W. Fort Street
Detroit, MI 48226

Macomb County, Michigan CCO Meeting Presentation [.pdf]
Thursday, February 28, 2019
CCO 2:00-4:00pm, Open House 5:00-7:00pm
Macomb Community College
K Building, Macomb Room South (K301S)
14500 Twelve Mile Road
Warren, Michigan 48088

Original Article

Great Lakes Coastal Flood Study

Great Lakes Coastal Flood Study

https://www.greatlakescoast.org/2019/01/21/lake-st-clair-consultation-coordination-officer-and-open-house-meetings/

Great Lakes Coast

Last Thursday, Anne and I attended the opening reception for the Ancient Survivors exhibit at the Thelma Sadoff Center for the Arts. The exhibit celebrates the intersection of art, culture, and science through sturgeon-related artwork, decoys, spears, audio, and other memorabilia. Basically, it’s a dream come true for sturgeon enthusiasts everywhere, especially considering this is […]

Original Article

Wisconsin Water Library

Wisconsin Water Library

https://waterlibrary.aqua.wisc.edu/art-and-science-round-2-ancient-survivors/

Morgan Witte

Happy New Year! The Wisconsin Water Library team is back in the office after some traveling and relaxation this winter season. I can’t wait to get started on our new projects coming up this year, but first on want to spend some time reflecting on the programming and services the Wisconsin Water Library provided in […]

Original Article

Wisconsin Water Library

Wisconsin Water Library

https://waterlibrary.aqua.wisc.edu/past-present-and-future/

Morgan Witte

Wave Hazards and VE Zones on the Great Lakes Fact Sheet:

The Letter of Map Revision Process Fact Sheet:

Using LiDAR for Map Amendments Fact Sheet:

Understanding Risks Along the Great Lakes: The Impact of Coastal Armoring Structures on Flood Hazards Fact Sheet:

Coastal Flood Risks and Floodplain Mapping in Lake St. Clair Fact Sheet:

The fact sheets above are posted on the Fact Sheets page.

Original Article

Great Lakes Coastal Flood Study

Great Lakes Coastal Flood Study

https://www.greatlakescoast.org/2018/12/31/updated-fact-sheets/

Great Lakes Coast

The study highlights a new and important finding: Controllable well construction choices, not just location and depth, influence arsenic concentrations in drinking water.

“Chronic exposure to high levels of naturally occurring arsenic through drinking water can cause certain cancers, skin abnormalities and other adverse human health effects,” said Melinda Erickson, a USGS research hydrologist and the lead author of the study. “Results from this study can help improve arsenic concentration predictions and help identify safer groundwater supply options in similar aquifers throughout the U.S. and globally.”

The glacial aquifers of Minnesota used for domestic wells commonly have elevated arsenic concentrations. The new study found that short well screen lengths of four or five feet, which are typical, were associated with higher probabilities of elevated arsenic concentrations. At the time of well drilling, choosing to place a well screen farther beneath the overlying confining unit, also called an aquitard, and/or using a longer-length screen would lower, though not eliminate, the risk of having high arsenic concentrations in the well water. 

USGS scientists created arsenic hazard maps for regions in northwestern and central Minnesota, and used a sophisticated statistical model to determine which environmental and man-made variables influence arsenic concentrations. They found that natural aquifer characteristics, such as position on the landscape and soil chemistry, were among the most influential for predicting elevated arsenic levels.

Public water supplies are regulated by the U.S. Environmental Protection Agency, but maintenance, testing and treatment of private water supplies are the responsibility of the homeowner. The EPA’s maximum arsenic level allowed for public water supplies is 10 micrograms of arsenic per liter of water. In Minnesota, arsenic concentrations exceed 10 micrograms of arsenic per liter in about 11 percent of newly constructed private wells, and arsenic is detectable in about 50 percent of wells. The Minnesota Department of Health recommends that well owners with detectable arsenic treat their drinking water.

Glacial and other sand and gravel aquifers similar to those in Minnesota exist across the northern U.S. and in places like southeastern Asia. Results from the study can help improve arsenic concentration prediction methods and groundwater infrastructure far beyond Minnesota.

This research was funded by the Minnesota Department of Health through the Minnesota Clean Water Fund and the USGS. The new study is published in the journal Water Resources Research. For more information about USGS water studies in Minnesota, visit the USGS Water Resources of Minnesota website.

This illustration compares the construction characteristics of two water wells. Note that the distance from the top of the well screen to the confining unit, or aquitard, is much shorter for the well on the right, as is the length of the screen in the underlying aquifer unit. Placing a well screen farther beneath the confining unit and/or using a longer-length screen, as shown for the well on the left, can decrease the likelihood of elevated arsenic concentrations in domestic well water. 

Credit: Modified from Figure 1 in Erickson & Barnes, 2005, reprinted with permission.

Original Article

USGS.gov

USGS.gov

https://www.usgs.gov/news/design-private-wells-can-lead-safer-drinking-water-minnesota

USGS.gov

Minnesota well drillers and landowners will now have new tools to help predict arsenic concentrations in drinking water when building domestic water wells, according to a recent U.S. Geological Survey study.

Original Article

Region 3: Great Lakes

Region 3: Great Lakes

http://www.usgs.gov/news/technical-announcement/design-private-wells-can-lead-safer-drinking-water-minnesota

mlubeck@usgs.gov

Simcoe County, Ontario has one of the longest histories of contact between settlers and Indigenous peoples within Canada. Yet, this area remains understudied by historians, with much of the literature glorifying Canada’s first settlers, while emphasizing the “uncivilized” and “savage” nature of Indigenous peoples. This article tells the remarkable story of the Coldwater-Narrows Reserve (1830-1836) in order to reveal Indigenous life, culture, and presence in the region, while countering problematic perceptions of Indigenous peoples and addressing fundamental gaps in historiography. A variety of primary sources are explored, including archival maps, correspondence, travelogues, journals, and illustrations. This story demonstrates how the peoples of the Coldwater-Narrows Reserve created an enduring legacy of self-determination, which in turn led their descendants to continue their fight against the terms of the 1836 sale of the reserve land up until 2011, when this claim was at last settled by the Canadian government. Thus, this article highlights past accomplishments of Indigenous peoples in Canada, as well as the legacies that these accomplishments have created.

Original Article

The Great Lakes Journal of Undergraduate History

The Great Lakes Journal of Undergraduate History

https://scholar.uwindsor.ca/gljuh/vol6/iss1/5

Heather N. Smith

In 1991 neuroscientist Simon LeVay published “A Difference in Hypothalamic Structure Between Heterosexual and Homosexual Men”, which reported the discovery of a ‘region’ in the anterior hypothalamus of the brain that determined sexual orientation in men. LeVay's study was an attempt to revolutionize the scientific study of sexual orientation, as previous decades of research had failed to isolate the biological determining factor of human sexual orientation. Blinded by his political motivation to aid the gay rights movement at the end of the twentieth century, LeVay's study - as well as the countless other scientific investigations of human sexuality - merely succeeded in naturalizing socially constructed categories through 'objective' scientific facts. A historical investigation of the socio-cultural influence that informed the scientific study of LeVay will help illuminate the gender ideals and binarized categories that influenced his attempt to prove there was a 'gay brain'.

Original Article

The Great Lakes Journal of Undergraduate History

The Great Lakes Journal of Undergraduate History

https://scholar.uwindsor.ca/gljuh/vol6/iss1/4

Matthew McLaughlin

Within this research, I sought to uncover the correlation between the cholera epidemic of 1848 and the establishment of the Cleveland Orphan Asylum in 1852. However, I ascertained that not only was this a practical venture to save waifs that had been orphaned due to epidemic, but it was a religious obligation rooted in antiquated Puritan beliefs of salvation. The founding couple, the Rouse family, came from Massachusetts during the Second Great Awakening and instituted sundry Sunday schools in their wake. Beginning in New York and slowly making their way to Cleveland, Ohio, they spread the gospel and created tracts and missions for the evolving city. My research outlines their direct influence in the Cleveland Protestant Orphan Asylum and its dynamic changes in the nineteenth century. Although there was a move toward scientific charity, the Rouse's original intention of reforming children in order to prevent degradation and immorality firmly rooted itself in the mission statement as the institution took a more secular name, Beech Brook. I discovered that the Cleveland Protestant Orphan Asylum of the nineteenth century was more progressive than most institutions surrounding the area, and rivaled the nuanced ideas of the Children's Aid Society in New York City. The Cleveland Protestant Orphan Asylum began placing children in the new western frontier and instituted home visiting before many contemporary institutions in the surrounding area, resulting in a fully functioning, ethical, and progressive yet deeply evangelical foster care institution.

Original Article

The Great Lakes Journal of Undergraduate History

The Great Lakes Journal of Undergraduate History

https://scholar.uwindsor.ca/gljuh/vol6/iss1/3

Rhianna M. Gordon

This paper examines the works produced by: Erich Maria Remarque, Ernest Hemingway, C.S. Lewis, and J.R.R. Tolkien, specifically to show how their writings recorded and translated the experiences of soldiers during World War I, and their struggle to assimilate into civilian society afterward. By examining authors and novels from varying geographic and national background, common themes of bitterness, trauma, and disillusionment are found in men that fought on both sides of the conflict. Literature’s reflection of these scars appears in the lived experiences woven into the writings by the authors, and the reactions of the wider public that shared similar stories to those the authors from their own time in the war. Ultimately, the works of fiction also show that while veterans of World War I shared many similar experiences many of them either failed to fully cope with their demons or found methods of finding peace with them.

Original Article

The Great Lakes Journal of Undergraduate History

The Great Lakes Journal of Undergraduate History

https://scholar.uwindsor.ca/gljuh/vol6/iss1/2

Samuel R. Williams

If you live in the Great Lakes basin and have been on or even near a road recently, you might be feeling unreasonably ragey at the mere mention of lake effect snow. We get it. But bear with us, because … Continue reading

Original Article

NOAA Great Lakes Environmental Research Laboratory

NOAA Great Lakes Environmental Research Laboratory

https://noaaglerl.blog/2018/12/06/improving-lake-effect-snow-forecasts-by-making-models-talk-to-each-other/

Kaye LaFond

It’s nearly winter here in the Great Lakes—our buoys are in the warehouse, our boats are making their way onto dry land, and folks in the lab are working hard to assess observed data, experiments, and other results from this … Continue reading

Original Article

NOAA Great Lakes Environmental Research Laboratory

NOAA Great Lakes Environmental Research Laboratory

https://noaaglerl.blog/2018/12/03/the-hab-season-is-over-but-the-work-goes-on/

Nicole Rice

Beginning in early November and lasting for several months, a low-level helicopter will begin flying over parts of seven states in the Mississippi Alluvial Plain, or MAP, to acquire a more robust picture of aquifers in the area.

 

This high-resolution, airborne geophysical survey, coordinated by U.S. Geological Survey scientists in partnership with local agencies, will provide critical data for the evaluation and management of groundwater resources in the region. This survey represents the second phase of the study as initial flights and data acquisition over the MAP started in February using the same helicopter system.

 

The helicopter and geophysical instrumentation is expected to arrive in Greenwood, Mississippi, on or around October 31. After arrival, setup and testing will occur, so the helicopter and device it tows beneath will be visible as soon as November 2-4. Once testing is completed, daily production flights in the region will begin, with flights operating out of Greenwood for approximately two weeks.

CGG RESOLVE helicopter system in Greenwood, Mississippi. The USGS is working with CGG and other partners to gather geophysical information related to the Mississippi Alluvial Plain. The helicopter will be deployed in several smaller focus areas of interest where a series of high-resolution survey grids will be acquired.

(Credit: Burke Minsley, USGS. Public domain.)

 

CGG Airborne of Ontario, Canada, under contract to the USGS, will make the daytime, low-level flights over more than 20 million acres within the MAP, including a buffer around the entire area. Experienced pilots who are specially trained and approved for low-level flying will operate the aircraft. All flights are coordinated with the Federal Aviation Administration to ensure accordance with U.S. law.

The MAP is one of the most productive agricultural regions in the nation and depends on groundwater for irrigation. It constitutes the third largest area of irrigated cropland in the U.S., consisting of approximately 29,000 square miles, or 19 million acres, and includes parts of Missouri, Tennessee, Arkansas, Mississippi, Louisiana, Kentucky and Illinois.

"This survey will allow the USGS to develop a high-resolution, three-dimensional representation of the groundwater resources for one the most important irrigated agricultural regions in the U.S.," said project lead and USGS scientist Wade H. Kress.

Instruments on the helicopter will collect information about the geology in shallow aquifers of the region. When the data analysis is complete, resulting state-of-the-art maps will help USGS researchers understand the aquifer system that supports groundwater resources at depths up to about 300 feet underground.

This survey will be flown along mainly east-west lines at about 200 feet above the ground. The helicopter will have an attached electromagnetic instrument housed in a cylinder called a bird that is towed about 100 feet beneath the aircraft.

The helicopter will also carry scientific instruments including a magnetometer and a gamma-ray spectrometer. None of the instruments pose a health risk to people or animals.

The survey is being conducted by the USGS Water Availability and Use Program as part of the Mississippi Alluvial Plain Regional Water Availability Study.  More information about this project can be found online.

Map of Mississippi Alluvial Plain airborne geophysical flight plan. Black lines indicate planned flight paths for an upcoming low-level helicopter survey that will occur over several months. Flights are scheduled to begin in the first week of November, 2018, based out of Greenwood, Mississippi. Online map and status updates can be found at http://arcg.is/01nraa.

(Public domain.)

Original Article

USGS.gov

USGS.gov

https://www.usgs.gov/news/seeking-water-above-low-level-helicopter-fly-above-mississippi-alluvial-plain

USGS.gov

Editor:  In the public interest and in accordance with Federal Aviation Administration regulations, the USGS is announcing this low-level airborne project.  Your assistance informing the local communities is appreciated.  

Original Article

Region 3: Great Lakes

Region 3: Great Lakes

http://www.usgs.gov/news/state-news-release/seeking-water-above-low-level-helicopter-fly-above-mississippi-alluvial

hkoontz@usgs.gov

The following guest post is by Jeffrey B. Hyman, Senior Staff Attorney with the Conservation Law Center in Bloomington, Indiana. Jeff is counsel for respondent/intervenors Alliance for the Great Lakes and Save the Dunes in the Gunderson v. State of Indiana litigation.

Early this year the Indiana Supreme Court delivered a landmark public trust and equal footing decision in Gunderson v. State of Indiana. The Indiana Supreme Court ruled that at statehood, under these doctrines, Indiana acquired the bed of Lake Michigan within Indiana’s borders below the common-law “natural” ordinary high water mark (OHWM), including temporarily exposed shores. The Indiana Supreme Court also ruled that the state never conveyed the disputed shore to any private owner, including the Gundersons, and that the state continues to hold the shore in an inalienable trust for traditional public uses such as fishing and walking. With regard to ownership of the lakeshore, this is a unique decision for the Great Lakes region, where most states have relinquished their shores to private ownership.

The Indiana Supreme Court defined the natural OHWM based on the traditional concept used for non-tidal navigable waterbodies: the point on the shore where soil, vegetation, or other physical marks change from those characteristic of a water-influenced environment to those characteristic of terrestrial uplands.

The Gundersons had initiated their lawsuit in the trial court with the claim that under their private deed and plat, they held exclusive title to the disputed lakeshore down to the instant edge of the water where it laps at the shore at any given moment. The Gundersons were undoubtedly encouraged by recent public trust cases in Michigan and Ohio. In 2005, a majority of the Michigan Supreme Court held in Glass v. Goeckel that the public has the right to walk along the exposed shore below the traditional OHWM, even if the shore is privately owned to the low water mark. Even though this majority holding was not favorable for the Gundersons, the long and biting dissent in Glass argued that the boundary of public rights should instead be the instant water’s edge. In Ohio’s 2011 public trust case of State ex rel. Merrill, the Ohio Supreme Court came to a conclusion different from both the majority and the dissent in Glass, ruling that the boundary of state title and public rights on Lake Erie shores extends to the “line at which the water usually stands when free from disturbing causes.” Although the Merrill court did not explain this line in terms of physical marks, the court said that this line is not the traditional OHWM. But, said the Ohio court, neither is it the instant water’s edge. (For more on the Merrill decision, see Professor Ken Kilbert’s prior guest post.)

The defendant state and the two sets of intervenors argued that the case was governed not by the Gundersons’ private deed and plat but rather by the federal public trust and equal footing doctrines. According to these doctrines, upon winning the Revolutionary War, each of the original 13 states acquired title (previously held by the sovereign in England) to the beds of its navigable water bodies, up to the high-water mark, to hold in trust for its citizens. To ensure that each new state subsequently carved out of the territories is admitted to the Union on an “equal footing” with the original states, the equal footing doctrine constitutionally mandates that each new state automatically receive at statehood the same right of title to the beds of its navigable waterbodies as that held by the original states.

The Indiana trial court, intermediate appellate court, and high court all agreed that these doctrines governed the dispute, but with significant twists. The trial court ruled that the state acquired the shore under the equal footing doctrine, owns it up to an administrative water-elevation line advocated by the Indiana DNR, and holds it for general public recreational uses. (See this prior post on the trial court decision by Kyle Peczynski.) The intermediate Court of Appeals ruled that the state acquired the shore to the natural OHWM, but now the Gundersons own legal title down to the low water mark, subject to public rights of use. The Indiana Supreme Court, unraveling the tangle, ruled that the state acquired exclusive title to the shore below the traditional natural OHWM and still owns it to that boundary, but that public rights on the shore are limited in scope. Update: In February 2019, the United States Supreme Court denied certiorari, preserving this landmark state court decision on the public trust doctrine.

Resources:

Gunderson v. State of Indiana, Indiana Supreme Court Opinion, published at 90 N.E.3d 1171 (2018)

Gunderson v. State of Indiana, Petition for Writ of Certiorari in the Supreme Court of the United States

Gunderson v. State of Indiana, Petition for Writ of Certiorari in the Supreme Court of the United States, Supporting Appendix (includes all state court decisions)

Gunderson v. State of Indiana, Opposition to Certiorari by Alliance for the Great Lakes and Save the Dunes

Original Article

Great Lakes Law

Great Lakes Law

http://feedproxy.google.com/~r/GreatLakesLaw/~3/NtcL_8Aox34/indiana-supreme-court-protects-the-public-trust-in-great-lakes-shorelines.html

Noah Hall

The Great Lakes Environmental Law Center is proud to release its latest report, titled “Furthering Environmental Justice in Air Quality Enforcement with Supplemental Environmental Projects.” The report details how supplemental environmental projects may be used to promote environmental justice in the context of air quality enforcement, the current obstacles in the Michigan Department of Environmental Quality’s (MDEQ) policy that prevent the wider use of supplemental environmental projects, and provides recommendations for how the MDEQ’s policy may be amended to better promote environmental justice through the use of supplemental environmental projects.

Supplemental environmental projects are environmentally beneficial projects that a violator agrees to undertake pursuant to an enforcement action that was initiated due to a violation of an air quality standard. For example, a supplemental environmental project may consist of a violator of an air quality standard agreeing to purchase and install a state-of-the-art air filtration system in a nearby school to improve indoor air quality, or agreeing to replace or retrofit old diesel engines in the community to improve outdoor air quality.

Particularly in Michigan, environmental justice communities often prefer that an enforcement action include a supplemental environmental project (SEP) because monetary penalties for air quality violations go to the state general fund and fail to provide community members with any form of redress for the excessive risk they have been exposed to due to the violation. As a result, supplemental environmental projects are a key method to further environmental justice. However, the MDEQ’s current supplemental environmental project actively disincentivizes the inclusion of supplemental environmental projects in negotiated settlements because a settlement with a SEP is inevitably more expensive than a settlement without a SEP. As a result, supplemental environmental projects are an underutilized tool to further environmental justice in Michigan.

This report is meant to serve as a resource for organizations and residents that are interested in how air quality enforcement interacts with the concept of environmental justice, and how supplemental environmental projects may be used to promote environmental justice. It is also meant to serve as a resource for state environmental quality agencies, particularly the Michigan Department of Environmental Quality, that are interested in promoting the use of supplemental environmental projects.

Read the full report here:

https://drive.google.com/open?id=1HrL3ZTqAmmrA7joibGuOykiLJO264H1V

This report was made possible with funding from the Center for Urban Responses to Environmental Stressors (CURES), an environmental health sciences core center headquartered at Wayne State University. Please read more about their work at: https://cures.wayne.edu

Original Article

News - Great Lakes Environmental Law Center

News - Great Lakes Environmental Law Center

https://www.glelc.org/our-blog/2018/8/15/center-publishes-report-regarding-how-supplemental-environmental-projects-can-promote-environmental-justice-in-michigan

Great Lakes Environmental Law Center

The Great Lakes Environmental Law Center visited two mosques in Detroit and Hamtramck before Friday prayer on July 20, 2018 and spoke to the respective congregations about the proposal to expand U.S. Ecology’s hazardous waste facility, as well as the need for the Michigan Department of Environmental Quality to provide translation services to the Yemeni and Bengali communities.

U.S. Ecology is a hazardous waste treatment and storage facility that is located at 6520 Georgia Street on Detroit’s east side. The facility has proposed a 9-fold expansion in its storage capacity, and a 3-fold expansion in its treatment capacity. The Michigan Department of Environmental Quality held a public hearing regarding the proposal in 2015, but has refused requests from the Great Lakes Environmental Law Center and the Coalition to Oppose the Expansion of U.S. Ecology to hold another public hearing.Pursuant to Title VI of the Civil Rights Act of 1964, the U.S. Environmental Protection Agency has enacted regulations that requires any state environmental department that receives EPA assistance, including the MDEQ, to not discriminate on the basis of national origin. The prohibition against discrimination on the basis of national origin specifically prohibits conduct that has a disproportionate effect on people that speak or understand limited English. As such, EPA regulations affirmatively requires the MDEQ to provide people that speak or understand limited English with the ability to meaningfully access its programs.

While the MDEQ has held a public hearing regarding the proposed expansion, as required by law, it did not provide any notice of the public hearing in Arabic or Bengali. It also did not translate other vital documents, such as the fact sheet that describes the basic information about U.S. Ecology’s proposal, into Arabic or Bengali.

According to data from the U.S. Census Bureau, there are significant number of immigrants nearby U.S. Ecology, most of which are Yemeni or Bengali. One mosque that we visited on Friday is approximately 1,600 feet from the fence line of U.S. Ecology. Additionally, in the neighborhood surrounding the Hamtramck Public Library, which was the location of the MDEQ’s public hearing regarding U.S. Ecology in 2015, approximately 47% of people are immigrants and 20% speak limited English.

While the Center wrote a letter detailing these concerns to the MDEQ in early June, we have not received any response. We are urging concerned residents to contact Richard Conforti and Katie Kruse at the Michigan Department of Environmental Quality, whose contact information is provided below. Concerned residents should urge the MDEQ to:

  • Comply with EPA non-discrimination regulations, which prohibits the MDEQ from discriminating on the basis of national origin.
  • Hold an additional public hearing, with notice of the hearing provided in both Bengali and Arabic
  • Provide information regarding the proposed expansion of U.S. Ecology in both Arabic and Bengali so that all community residents can provide the MDEQ with meaningful input.

Richard Conforti, Waste Management and Radiological Protection Division

 

Katie Kruse, Environmental Justice Liaison:

Concerned residents can also distribute flyers with information about U.S. Ecology and the MDEQ’s obligation to provide information in Bengali and Arabic to others in their community. Flyers are available in Arabic, Bengali, and English via the links below:

Bengali Flyer
https://drive.google.com/file/d/1Bw2H9ZdvjyoY43P9grE29wDWXss_Xfxr/view?usp=sharing

Arabic Flyer
https://drive.google.com/file/d/1JElTGNxud-fXjuePKt9dgMzpl6Yz1z8v/view?usp=sharing

English Flyer
https://drive.google.com/file/d/1U8v0TEdBVvpQqXhE9pzejahmzRy5JTr6/view?usp=sharing

Original Article

News - Great Lakes Environmental Law Center

News - Great Lakes Environmental Law Center

https://www.glelc.org/our-blog/2018/7/20/glelc-visits-mosques-to-discuss-the-michigan-department-of-environmental-qualitys-obligations-to-engage-yemeni-and-bengali-residents-regarding-proposal-to-expand-hazardous-waste-facility

Great Lakes Environmental Law Center

This week, the Michigan Supreme Court issued a key ruling in an air permitting case involving AK Steel in South Dearborn. The Great Lakes Environmental Law Center and Olson, Bzdok & Howard P.C. served as plaintiff counsel in the case. Chris Bzdok from Olson, Bzdok & Howard P.C.  argued the case in the Michigan Supreme Court. In South Dearborn Environmental Improvement Association, Inc. v. Department of Environmental Quality, by a 4-3 decision, the court held that a petition for judicial review of the issuance or denial of a permit to install for an existing source must be filed within 90 days of the Michigan Department of Environmental Quality’s final permit action. In ruling that the petition for review must be filed within 90 days, the Michigan Supreme Court overruled the decision of the Michigan Court of Appeals, which found a petition for review must be filed within 60 days, and rejected the position of AK Steel and the Michigan Department of Environmental Quality, both of which argued that a petition for review must be filed within 21 days.

 

The ruling of the Michigan Supreme Court is significant for two primary reasons. First and foremost, since the plaintiff’s permit challenge was filed within 59 days, which is well within the 90-day filing period the court found to be applicable, the challenge can now move forward to the substantive issue. Second, this ruling is significant because it is generally favorable for environmental organizations that may seek to challenge permits to install for existing air pollution sources going forward. The Michigan Supreme Court held that the permit appeal at issue must have been filed within a 90 days, as opposed to the 60 days previously required by the Michigan Court of Appeals or the 21 days argued for by AK Steel and MDEQ. In doing so, it has ensured that residents and environmental organizations will have 90 days should they wish to challenge permits to install issued by the MDEQ to existing facilities. This grants residents and environmental organizations with a sufficient amount of time to file their appeal, and ensures that they will have their day in court.

With the decision from the Michigan Supreme Court, the case will now go back to the state circuit court for consideration of the substantive issues involved in the MDEQ’s permitting decision. The key substantive issue is whether the Michigan Department of Environmental Quality had the legal authority to issue a correction to an existing permit to install and to “grandfather” the correction by applying the laws and regulations that existed at the time when the original permit was issued, rather than at the time the revised permit. The Great Lakes Environmental Law Center has argued that the MDEQ lacked authority to revise a permit to install. Instead, it must issue a new permit to install and apply the more stringent air quality regulations that were in effect at the time of permitting. We’re looking forward to litigating the substantive issues in the case.

Original Article

News - Great Lakes Environmental Law Center

News - Great Lakes Environmental Law Center

https://www.glelc.org/our-blog/2018/7/19/michigan-supreme-court-issues-key-decision-in-favor-of-community-residents-and-environmental-organizations-in-south-dearborn-air-permitting-case

Great Lakes Environmental Law Center

The US Supreme Court issued a pair of opinions this term dealing with the role of the federal government in ongoing interstate water disputes: (1) Texas v. New Mexico and Colorado; and (2) Florida v. Georgia. The cases are before the Court under “original jurisdiction” - they are being heard on first impression rather than on appeal (although they have been reviewed and reported on by appointed Special Masters).

Substantively, both cases involve disputes between neighboring states regarding obligations and rights to shared waters, whether by agreement (interstate compact) or common law (equitable apportionment). Texas argues that New Mexico is violating the terms of their 1938 Rio Grande Compact with a self-serving interpretation of that agreement’s obligation on New Mexico to deliver water to a reservoir (in New Mexico) for use in Texas. Florida argues that Georgia is taking more than its equitable share of water for municipal and agricultural use from the Apalachicola-Chattahoochee-Flint basin and harming the downstream ecosystem in Florida. But before reaching the merits of these interstate disputes, the Court first had before it questions balancing federal and state control of shared interstate waters.

In the Rio Grande Compact dispute, the United States weighed in to protect downstream flows that it must deliver to Mexico pursuant to an international treaty. Justice Neil Gorsuch, writing for a unanimous Supreme Court, allowed the United States to bring its claims to defend "distinctly federal interests" - namely treaty obligations and the federal government's role in the Rio Grande compact operations. The case now moves forward with the United States as a key player.

In the Apalachicola-Chattahoochee-Flint basin dispute, Georgia argued that the Supreme Court could not decide the case without the U.S. Army Corps of Engineers at the table. The Corps controls the upstream water in Georgia that Florida wants conserved, and the United States sided with Georgia, stating it would not alter its control of the upstream water (ostensibly for navigation and flood control). The Special Master had sided with Georgia. The Supreme Court, by a 5-4 majority, instead sided with Florida and held that further proceedings were necessary to determine if the Court can provide redress for Florida's alleged harms.

For more detailed analysis of the Florida v. Georgia case and the Supreme Court's closely divided 2018 opinion, see Reed Benson's article: "Can a State's Water Rights Be Damned? Environmental Flows and Federal Dams in the Supreme Court." And check out the “infographic argument explainers” for Texas v. New Mexico and Florida v. Georgia at Subscript Law. 

Original Article

Great Lakes Law

Great Lakes Law

http://feedproxy.google.com/~r/GreatLakesLaw/~3/N72Cydnx73A/supreme_court_considers_federal_interests_and_powers_in_interstate_water_cases.html

Noah Hall

A report by the National Sea Grant Law Center, "Comparison of State Right-to-Farm Laws That Include Aquaculture" authored by Amanda Nichols, Ocean and Coastal Law Fellow in June 2018. Note: this report only examines right-to-farm laws in the twenty-seven states that expressly include aquaculture within their laws’ definition of agriculture. For a complete 50-state survey, see the National Agricultural Law Center Research Right-to-Farm Laws summary chart.

Original Article

Great Lakes Law

Great Lakes Law

https://www.greatlakeslaw.org/blog/2018/06/comparison-of-state-right-to-farm-laws-that-include-aquaculture.html

Noah Hall

Equal Justice Works has awarded recent Wayne Law graduate (and former GLELC student fellow) Erin Mette a two-year fellowship to work with the Great Lakes Environmental Law Center on urban children’s health. Erin’s project will focus on protecting children in Detroit and Flint from home-based environmental health hazards. As a staff attorney with GLELC, Erin will provide legal counseling and representation to affected families and work for policies that address the root causes of this unique environmental justice issue.

For too many residents in environmental justice communities, their home is a hazard to their health. Home-based environmental health hazards include lead paint on the walls of older homes and a lack of access to clean drinking water due to lead contamination and water service shutoffs. Children are especially vulnerable to the life-long health impacts that these hazards cause. Additionally, these hazards disproportionately affect children in low-income communities of color, whose voices have typically been excluded from the process of creating and enforcing the standards meant to prevent such harms. The families impacted by home-based environmental health hazards overwhelmingly lack access to legal services to help them address these issues. Through her Equal Justice Works fellowship, Erin will provide a wide variety of direct legal services to families confronting home-based environmental health hazards to ensure that those families are being adequately protected from such hazards.

Erin’s Equal Justice Works two-year fellowship is sponsored by Munger, Tolles & Olson LLP and an anonymous donor. Equal Justice Works is a nonprofit corporation dedicated to creating a just society by mobilizing the next generation of lawyers committed to equal justice. Each year, it provides funding to a limited number of applicants that have proposed innovative public interest law projects that seek to address pressing legal issues around the country through a highly competitive and rigorous process. Erin is the GLELC’s second Equal Justice Works fellow. Nick Leonard, GLELC’s Executive Director, initially joined GLELC in 2014 through an Equal Justice Works fellowship.

Check out this story about Erin from the Washtenaw County Legal News. Thanks to GLELC’s blog for the cross-posting, and follow GLELC for updates on Erin’s work. 

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Great Lakes Law

Great Lakes Law

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Noah Hall

The Great Lakes Environmental Law Center is excited to announce that in September 2018 it will welcome Erin Mette, who will join the Center as an Equal Justice Works fellow. Erin’s fellowship project will focus on protecting children in Detroit and Flint from home-based environmental health hazards by providing legal counseling and representation to affected families and advocating for policy that addresses the root causes of this unique environmental justice issue.

For too many residents in environmental justice communities, their home is a hazard to their health. Home-based environmental health hazards include lead paint on the walls of older homes and a lack of access to clean drinking water due to lead contamination and water service shutoffs. Many of these homes that contain environmental health hazards are the homes of children, who are especially vulnerable to the life-long health impacts that these hazards cause. Additionally, these hazards disproportionately affect children in low-income communities of color, whose voices have typically been excluded from the process of creating and enforcing the standards meant to prevent such harms. The families impacted by home-based environmental health hazards overwhelmingly lack access to legal services to help them address these issues. Through her Equal Justice Works fellowship, Erin will provide a wide variety of direct legal services to families confronting home-based environmental health hazards to ensure that those families are being adequately protected from such hazards.

Erin’s Equal Justice Works fellowship is for a term of two years and is sponsored by Munger, Tolles & Olson LLP and an anonymous donor. Equal Justice Works is a nonprofit corporation dedicated to creating a just society by mobilizing the next generation of lawyers committed to equal justice. Each year, it provides funding to a limited number of applicants that have proposed innovative public interest law projects that seek to address pressing legal issues around the country through a highly competitive and rigorous process. Erin is the Center’s second Equal Justice Works fellow. The Center’s current staff attorney, Nick Leonard, initially joined the organization in 2014 through an Equal Justice Works fellowship.

Erin Mette is a 2018 graduate of Wayne Law and also holds a Master of Science from the University of Michigan School of Natural Resources and Environment as well as a Bachelor of Arts from Kalamazoo College. During her time at Wayne Law, she was a student in the Transnational Environmental Law Clinic. 

Original Article

News - Great Lakes Environmental Law Center

News - Great Lakes Environmental Law Center

https://www.glelc.org/our-blog/2018/6/20/say-hello-to-erin-mette-the-centers-2018-equal-justice-works-fellow

Great Lakes Environmental Law Center

Our new Second Edition of Modern Water Law: Private Property, Public Rights, and Environmental Protections has been published by Foundation Press and is available on Amazon. Co-authored again with Robert Adler, the Jefferson B. and Rita E. Fordham Presidential Dean, and Robin Kundis Craig, the James I. Farr Presidential Endowed Chair of Law, both at the University of Utah College of Law.

Modern Water Law provides a comprehensive text to study the range of legal issues and doctrines that affect water resources. We begin with private water use rights, including common law doctrines for riparian reasonable use and prior appropriation, as well as groundwater rights and the statutory schemes for administering water use rights. The book next details the range of public rights in water, including navigation, the public trust doctrine, federal reserved rights for tribal and public lands, and interstate water management. The book then explores modern challenges and environmental protection goals, focusing on the energy-water nexus, water pollution, and endangered species conflicts. The final chapters combine these concepts in the context of complex watershed restoration challenges and water rights takings litigation.

The second edition begins with entirely new coverage of the human right to water, including a 2017 federal case – Boler v. Earley/Mays. v. Snyder – regarding constitutional rights in the wake of the Flint, Michigan water crisis. (And great timing, as the Supreme Court denied review of the case just this week as our book came out in print.) Other major changes and developments include new cases on water use permitting, “takings” of private water rights, tribal rights to groundwater, interstate water disputes, and U.S.-Mexico water diplomacy. The second edition continues the logical organization that presents the field in appropriate depth for a semester course, with clear explanations and helpful questions and comments.

MWL2d_Mays_v_Snyder

Below is a summary of contents (for more details, see the full Table of Contents and Cases):

1. Introduction
PART I: PRIVATE PROPERTY RIGHTS TO USE WATER
2. Riparian Law
3. History and Principles of Prior Appropriation
4. Groundwater
5. Modern Application of Water Law
PART II: PUBLIC RIGHTS AND INTERESTS IN WATER
6. Control and Ownership of Navigable Waters
7. Public Rights in Water: The Public Trust Doctrine
8. Federal Water Interests
9. Interstate Water Pollution, Apportionment and Management
10. The Water-Energy Nexus
PART III: ENVIRONMENTAL PROTECTION OF WATER RESOURCES
11. The Intersection of Water Quality and Water Quantity
12. The Federal Endangered Species Act, Water Management, and Water Rights
13. Protecting and Restoring Watersheds and Water Systems
14. Public Interests, Private Rights in Water, and Constitutional Takings Claims

 

 

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Great Lakes Law

Great Lakes Law

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Noah Hall

During this string of intense storms, more than 100 USGS scientists and technicians were mobilized across the affected regions to keep the USGS’s streamgage network operational, perform on-site measurements of flooded rivers, install storm-tide and wave sensors prior to the nor’easter, and measure high-water marks as flood waters receded.

A second nor’easter was affecting areas from Virginia to Maine on March 7, and was expected to bring heavy snow to some areas already impacted by the nor’easter that hit the area March 2-3.

In the coming days and weeks, USGS specialists will continue to monitor streamgages, make on-site measurements of river discharge to determine how much water is flowing, and provide data to aid the response in the Midwest and Mississippi watershed. The data from the USGS’ nationwide streamgage network provides vital information to the U.S. Army Corps of Engineers, the National Weather Service, and other state and local agencies, enabling them to make river forecasts, operate flood control structures, and make important emergency management decisions. Besides aiding first responders and other emergency managers during the flooding, USGS streamgage data and flood science is used in the aftermath of floods and coastal storms to make decisions for long-term recovery.

Meanwhile, in the Northeast, coastal communities are just beginning to recover from the first nor’easter. Its intense winds and storm surge caused coastal erosion and tidal flooding in some states, leading to several deaths and leaving almost a million people without power. USGS crews will continue to document coastal flooding in the affected areas by analyzing the data gathered by the storm-tide and wave sensors deployed before the storm, and by flagging and surveying high-water marks, which will indicate to scientists how high the flood waters reached.

As some states struck by the severe weather begin to return to normal, others are dealing with continued flooding and the dangers that come with it. Here’s a look at some ongoing field work the USGS has been involved with over the past few weeks.  

Arkansas, Louisiana, Mississippi, and Tennessee

David Crum, USGS hydrologic technician, prepares for a discharge measurement on the Mississippi River near Memphis, Tennessee February 27, 2018.  Photo by Jerry Garrett, USGS. (Public domain.)

From the upper Midwest to southern Mississippi, as much as 15 inches of rain fell during the past two weeks, causing major flooding in parts of Michigan, Indiana, Illinois, Kentucky, Arkansas, Texas, and Tennessee. In some parts of Arkansas, Tennessee, Mississippi, and Louisiana, as much as 10 inches of rain fell in a five-day period — equal to two months of rain in just a few days. Though recent drought meant that flooding wasn’t as extreme as it could have been, streams exceeded moderate to major flood levels in portions of these four states.

During the flooding, the states recorded numerous peaks of record, or measurements that were the highest ever recorded at those specific streamgages. Visit the Lower Mississippi Gulf Water Science Center website for current conditions of rivers and streams in the Lower Mississippi Gulf region.

Indiana

Beginning February 19, parts of Indiana saw up to seven inches of rain across northern portions of the state. This rain, which fell onto snow-covered frozen ground, increased runoff and caused flooding.

Communities along the Ohio River in the southern portion of the state, such as Evansville and New Albany, were affected. So were parts of South Bend, Elkhart, Goshen, and some smaller towns on the St. Joseph, Kankakee, Iroquois, and Tippecanoe rivers.

Twelve people from the Indianapolis office responded. During the flooding, Indiana saw six peaks of record. Visit the USGS website for current conditions of Indiana’s rivers and streams.

Michigan

On February 22, 2018, USGS hydrologic technician Thomas Morgan took a period of record discharge measurement on the St. Joseph River at Niles, MI. The measurement — of 23,200 cubic feet per second — is the highest ever made at this site, which has been in operation since 1931. Photo by Nathan Prokopec, USGS. (Public domain.)

In Michigan, heavy rain, melting snowpack, and frozen ground combined to create textbook conditions for flooding. Hundreds of homes and businesses in flood-prone areas of the Grand, Kalamazoo, and St. Joseph river watersheds were affected. Though high water has largely subsided, some waterways are still overflowing their banks.

More than 20 crews were deployed in Michigan to take streamflow and water-level measurements and the state recorded seven peaks of record. For up-to-date information on rivers and streams in Michigan, visit the USGS website.

Kentucky

USGS measures discharge at the Ohio River at Olmsted Lock and Dam. USGS photo. (Public domain.)

Heavy rainfall in late February across the upper portion of the watershed caused moderate to major flooding along the middle and lower Ohio River. At the request of the U.S. Army Corps of Engineers, researchers used a boat to make special discharge measurements at various locations downstream of Barkley and Kentucky lakes. The Corps had not released a volume of water this large from those reservoirs since 2010, and wanted to verify the amount to be released. Along the Ohio River, USGS crews collected the highest discharge measurements ever taken at three different gauges. Special water quality samples were also collected for the National Water Quality Program on the lower Ohio River at two locations. Thirteen people from the USGS offices in Murray and Louisville responded over the course of 10 days.

Ohio

As with other states, flooding in Ohio was caused by rain and snowpack thaw. While the state was spared more severe rainfall, the combination of an inch or two of rain daily on top of already saturated ground made for flooding.

The flooding in Ohio has now subsided but during the event, more than 10 crews in Ohio measured high flows in Ohio. Visit the USGS website for current conditions of rivers and streams in the state of Ohio.

The Northeastern states

On Friday, March 2, a powerful nor’easter struck the Mid-Atlantic and New England states for the second time this winter, similar to a storm that caused record-breaking flooding in parts of the region in January. With strong winds and high waves, a major nor’easter can lead to flooding equivalent to or greater than a hurricane’s effect.  

Sal Amador, a USGS hydrologic technician, flags a high-water mark on a utility pole in Boston, Massachusetts. Photo by Christopher Bruet, USGS. (Public domain.)

USGS field crews deployed over 50 storm-tide and wave sensors from Maine to Delaware the day before the March 2 storm made landfall. The sensors are part of a relatively new USGS mobile network of instruments, designed for rapid deployment in the path of an oncoming storm, called the Surge, Wave, and Tide Hydrodynamics Network, or SWaTH Network. They continuously measure wave height and tide levels and provide information on the timing, duration, and extent of storm-tide flooding. Data are collected four times per second, providing a detailed picture of the storm.

Scientists went back to recover the sensors on March 5 and 6, as soon as it was safe to do so after the storm. All data from the sensors will be available via the USGS Flood Event Viewer later this week, and over the coming weeks USGS scientists will closely analyze the information.  

USGS research teams also spread out along the coast from Maine to Connecticut starting on March 4, to document the storm-tide flooding by flagging and surveying high-water marks, which are debris and dirt lines that reveal how high the flood waters reached. The teams’ first priority was to visit locations where high-water marks were found after a record-breaking blizzard that struck the region in 1978, and high-water mark locations from the January 2018 nor’easter, so the effects of those three significant storms can be carefully compared. Time was of the essence, since the winter storm of March 7 could wipe away the high-water marks.

The information gathered from the sensors and high-water marks will help officials understand coastal storms, prepare for their impacts, and ultimately build more resilient communities. Real-world data on a variety of storms and tracks allow for more precise and informed forecasts for future scenarios.

In southeast New York, USGS’ network of permanent real-time tide gauges recorded high water levels that persisted through six full cycles of high and low tides before gradually receding, with minor to moderate flooding recorded at 16 different gauges. Water levels reached major flood heights at one location, the Hudson Bay at Freeport, New York. That state’s crews were also out in the field collecting high-water marks and retrieving storm-tide and wave sensors soon after the high waters receded, and information about the New York coastal flooding is also available on the  USGS Flood Event Viewer.

Looking Toward the Future

Though flooding in the affected states has largely subsided, the USGS will continue to monitor stream conditions and use data collected to prepare for future disasters. For up-to-date info on conditions in your area visit the USGS WaterWatch website. Sign up for high-water alerts at the USGS WaterAlert website.

The USGS Coastal Change Hazards Portal provides forecasts on the potential for beach erosion, overwash and inundation during hurricanes and other severe coastal storms.

Real-time, six-hour forecasts of storm-induced total water levels and potential coastal changes can be found through the USGS Total Water Level Viewer.

The USGS also operates a network of permanent tide gauges that provide real-time information through the National Water Information System. These gauges supplement NOAA's long-term network of gauges.

Original Article

USGS.gov

USGS.gov

https://www.usgs.gov/news/usgs-flood-experts-respond-high-water-central-northeastern-us

USGS.gov

Crews from the U.S. Geological Survey have been in the field for weeks measuring flooding in the Midwest and in the Mississippi River watershed, and more recently flooding and storm tides on the Northern Atlantic coast, as higher temperatures, heavy rain, snowmelt and nor’easters affected numerous states. 

Original Article

Upper Midwest Water Science Center

Upper Midwest Water Science Center

http://www.usgs.gov/news/featured-story/usgs-flood-experts-respond-high-water-central-northeastern-us

hdewar@usgs.gov

U.S. Geological Survey scientists will conduct a high-resolution airborne survey to study the geology under a region of the central Upper Peninsula, Michigan, until as late as July, 2018. The data will help USGS researchers improve their understanding of geology, including buried rock types and faults, in the region.

As part of this research, a low-flying airplane under contract to the USGS through EON Geosciences will be used. The aircraft will be operated by experienced pilots who are specially trained and approved for low-level flying. All flights are coordinated with the Federal Aviation Administration to ensure accordance with United States law.

“This study will help the USGS and partnered scientists understand the region’s fundamental geology and tectonic history in much greater detail than is currently known,” said USGS scientist Benjamin Drenth, a Denver-based researcher leading the survey.

The airplane will carry instruments to measure variations in the earth's magnetic field. Because different rock types vary in content of magnetic minerals, the resulting maps allow visualization of the geologic structure below the surface. The instruments carried on the aircraft only make passive measurements, and thus pose no health risk to humans or animals.

This survey will be flown in a grid pattern. North-south lines will be flown approximately 500 feet apart at elevations from 250-1000 feet above the ground, and one mile apart in an east-west direction. All survey flights will occur during daylight hours.

Original Article

USGS.gov

USGS.gov

https://www.usgs.gov/news/media-advisory-low-flying-airplane-study-geology-central-upper-peninsula-michigan

USGS.gov

Professor John Knox, a leading expert on international environmental and human rights law, is scheduled to present his final reports as Special Rapporteur on Human Rights and the Environment to the United Nations Human Rights Council this week. In July 2012, the United Nations Human Rights Council appointed Professor Knox to a three-year mandate as its first Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, and in March 2015, his mandate was extended for three years and his title changed to Special Rapporteur. He also serves as the Henry C. Lauerman Professor of International Law at Wake Forest University School of Law.

The main report presents 16 Framework Principles on Human Rights and the Environment, which summarize the obligations of States under international human rights law relating to the environment, as they have been applied and clarified by human rights bodies. The obligations are based on a wide range of human rights, including rights to life and health. The role of human rights in international environmental law has expanded enormously over the last two decades (e.g., references to human rights in the Paris Agreement). And as Professor Knox notes, there is even more action in domestic law. More than 100 countries now have a constitutional right to a healthy environment (the United States is of course still a notable exception). Building on these developments, the report encourages the Human Rights Council to support recognition of the human right to a healthy environment for the first time in a global intergovernmental instrument, such as a resolution of the UN General Assembly.

Professor Knox summarized and briefly discussed the 16 Framework Principles in a series of tweets in his role as UN Special Rapporteur on Human Rights and the Environment (twitter @SREnvironment). With his permission, I’ve compiled them for readers below:

The first Framework Principle is overarching: “States should ensure a safe, clean, healthy and sustainable environment in order to respect, protect and fulfill human rights.” It's a simple fact: we can't enjoy our rights to life, health, etc. without a healthy environment.

The second Principle is the converse of the first: “States should respect, protect and fulfill human rights to ensure a safe, clean, healthy and sustainable environment.” The exercise of rights to free expression, association, etc. is vital to environmental protection.

The first two Principles express the fundamental interdependence of human rights and the environment: we need a healthy environment to enjoy our human rights, and the exercise of human rights helps to protect the environment.

The third Framework Principle applies a basic human rights norm to environmental issues: States should prohibit discrimination and ensure equal and effective protection against discrimination in relation to the enjoyment of a safe, clean, healthy and sustainable environment.

Discrimination may be direct or indirect. Direct discrimination in the environmental context includes failing to ensure that minorities have the same access as others to information about environmental matters, participation in decision-making, remedies for harm, etc.

Indirect discrimination includes measures such as authorizing hazardous facilities in minority communities. It is also prohibited unless it meets strict requirements of legitimacy, necessity and proportionality.

To address indirect as well as direct discrimination, States must recognize that environmental harm can both result from and reinforce existing patterns of discrimination, and take effective measures against the underlying conditions that cause or perpetuate discrimination.

The fourth Framework Principle on Human Rights and the Environment is that States should provide a safe and enabling environment in which those who work on human rights or environmental issues can operate free from threats, harassment, intimidation and violence.

As the Guardian has recently reminded us, environmental defenders are often harassed, attacked and even murdered - an average of 4 are killed every week. Members of indigenous peoples and traditional communities are especially at risk.

Because a healthy environment is necessary for the enjoyment of human rights, environmental defenders are human rights defenders, whether or not they identify themselves that way. States must do more to protect them and all other human rights defenders.

The fifth Framework Principle on Human Rights and the Environment is simple: States should respect and protect the rights to freedom of expression, association and peaceful assembly in relation to environmental matters.

States often fail to protect these rights when they are exercised in opposition to the State, but that's when protecting them is most important. States must never respond with force or detention, the misuse of criminal laws, or the threats of such acts.

The sixth Framework Principle is: States should provide for education and public awareness on environmental matters. Environmental education should help students appreciate and enjoy the natural world, and strengthen their capacity to respond to environmental challenges.

Increasing public awareness of environmental matters should continue into adulthood. States should make the public aware of environmental risks that affect them, and build their capacity to understand environmental challenges and policies.

Framework Principle 7: States should provide public access to environmental information by collecting and disseminating information and by providing affordable, effective and timely access to information to any person upon request.

Principle 8, which is closely related to Principle 7, says: States should require the prior assessment of the possible environmental impacts of proposed projects and policies, including their potential effects on the enjoyment of human rights.

The ninth Framework Principle on Human Rights and the Environment is that States should provide for and facilitate public participation in decision-making related to the environment, and take the views of the public into account in the decision-making process.

Ensuring that environmental decisions take into account the views of those who are affected by them increases public support, promotes sustainable development and helps to protect the enjoyment of rights that depend on a safe, clean, healthy and sustainable environment.

Principle 10: States should provide for access to effective remedies for violations of human rights and domestic laws relating to the environment.

Procedures must be impartial, independent, affordable, transparent and fair, and have the necessary expertise and resources.

Principle 11: States should establish and maintain substantive environmental standards that are non-discriminatory, non-retrogressive and otherwise respect, protect and fulfill human rights.

Limited resources may prevent immediate realization of standards that prevent all environmental interference with human rights. States have discretion to decide how to allocate their resources between environmental and other goals, but the discretion isn’t unlimited.

Substantive environmental standards must comply with obligations of non-discrimination, and there’s a strong presumption against retrogressive measures. The standards must not strike an unjustifiable or unreasonable balance between environmental protection and other goals.

Once environmental standards have been adopted, Framework Principle 12 says that States should ensure the effective enforcement of their environmental standards against public and private actors.

Businesses, too, have responsibilities to avoid causing or contributing to adverse human rights impacts through environmental harm, and to try to prevent or mitigate adverse human rights impacts directly linked to their operations, products or services.

Principle 13: States should cooperate with each other to establish, maintain and enforce effective international legal frameworks in order to prevent, reduce and remedy transboundary and global environmental harm that interferes with the full enjoyment of human rights.

This includes not only negotiating and fulfilling environmental agreements, but also ensuring that other types of agreements, such as those on trade and investment, support, rather than hinder, human rights and a healthy environment.

Framework Principle 14: States should take additional measures to protect the rights of those who are most vulnerable to, or at particular risk from, environmental harm, taking into account their needs, risks and capacities.

Those who may be especially at risk from environmental harm include women, children, persons living in poverty, members of indigenous peoples and traditional communities, older persons, persons with disabilities, ethnic, racial or other minorities and displaced persons.

Persons may be especially vulnerable because they are unusually susceptible to certain types of environmental harm, or because they are prevented from exercising their human rights, or both.

States should protect the most vulnerable from environmental harm, including by carefully assessing the impacts of proposals on them, developing effective environmental education and awareness programmes, and facilitating their informed participation in decision-making.

Framework Principle 15: States should comply with their obligations to indigenous peoples and traditional communities, including by recognizing their rights to the lands, territories and resources that they have traditionally owned, occupied or used.

States should consult with indigenous peoples and traditional communities and obtain their free, prior and informed consent before relocating them or taking other measures that may affect their relationship to their ancestral territories.

Principle 16: States should respect, protect and fulfill human rights in the actions they take to address environmental challenges and pursue sustainable development.

Even when States are taking steps to address environmental challenges or pursue sustainable development, they must still ensure that those actions are taken in accordance with their human rights obligations.

A human rights perspective informs and strengthens environmental policy-making. Ensuring that those most affected can obtain information, freely express their views and participate in decision-making makes policies more legitimate, coherent, robust and sustainable.

Along with these Framework Principles, the UN Human Rights Council will receive a companion report on the environment and rights of the child. It describes how environmental harm interferes with the ability of children to enjoy their rights and discusses the obligations of States to take measures to protect children from such interference.

My take - a terrible shortcoming of U.S. environmental law is the inequity it allows (and sometimes creates) in distributing pollution and environmental harms. Environmental law is about protecting life, human included. American law has the opportunity and need to expand our system of Constitutional protections to include human rights to basic environmental necessities - meaning equity and due process in providing safe drinking water, clean air to breathe, and healthy land and homes for dwelling.

Original Article

Great Lakes Law

Great Lakes Law

http://feedproxy.google.com/~r/GreatLakesLaw/~3/ae_Dmh3sUBI/un-special-rapporteur-on-human-rights-and-the-environment-presents-16-framework-principles.html

Noah Hall

In 2014-2016, the USGS and partners sampled study wells in northeast, northwest and central Minnesota—areas that commonly have elevated arsenic concentrations in well water—and examined the effects of various water-sampling methods for each of the wells. The researchers found that arsenic levels were most reliable when they were filtered, collected from household plumbing instead of from the drill rig pump or collected several months after well construction and installation.

“Improving the reliability of arsenic tests can help protect the health of people who drink well water in Minnesota by ensuring that residents receive the best possible information about the quality of their water,” said Melinda Erickson, a USGS hydrologist and the lead author of the study.

Chronic exposure to high levels of naturally occurring arsenic through drinking water is a human health hazard that can cause certain cancers, skin abnormalities and other adverse health effects. Minnesota state code requires that all new potable drinking wells be tested for arsenic. However, the code does not specify how to best collect samples for testing, and test results can vary depending on which sampling methods are used.

Particles and fine sediments within well water samples can result in inconsistent arsenic concentration measurements. The new study found that reducing the amount of sediments in water samples used for testing can improve the precision and consistency of arsenic measurements for private wells.

“Establishing guidance for drillers that includes specific sampling protocols for the filtration of water samples and/or collection of samples from household plumbing would improve the reliability of information provided to well owners because those samples have less undesirable sediment,” Erickson said.

Public water supplies are regulated by the U.S. EPA, but maintenance, testing and treatment of private water supplies are the sole responsibility of the homeowner. The maximum arsenic level allowed for public water supplies is 10 micrograms of arsenic per liter. In Minnesota, arsenic concentrations exceed 10 micrograms of arsenic per liter in about 11 percent of newly constructed private wells, and in certain counties, more than 35 percent of tested wells exceed the benchmark. 

The USGS partnered with the Minnesota Department of Health on the new study, which is published in the journal Groundwater. The research was funded by the State of Minnesota Clean Water Fund through the Minnesota Department of Health and the USGS Cooperative Matching Fund. The work was also supported by the National Science Foundation Graduate Research Fellowship Program and an internship provided through the Graduate Research Internship Program.

Original Article

USGS.gov

USGS.gov

https://www.usgs.gov/news/not-all-arsenic-tests-are-created-equal

USGS.gov

The reliability of arsenic testing for drinking water in Minnesota depends on how and when well water samples are collected, according to a new U.S. Geological Survey and the Minnesota Department of Health study, which highlights ways to improve the accuracy of arsenic tests for private wells.

Original Article

Upper Midwest Water Science Center

Upper Midwest Water Science Center

http://www.usgs.gov/news/technical-announcement/not-all-arsenic-tests-are-created-equal

mlubeck@usgs.gov

Landsat satellites captured this image of Lake Erie during a harmful algal bloom event. (Credit: USGS/NASA)

As part of the monitoring program, USGS scientists collected samples and used state-of-the-art sensors to gather water-quality data for 30 major Great Lakes tributaries during 2011 through 2013. Using sophisticated scientific models to analyze the data, scientists were able to more accurately estimate the amounts, or loads, of sediment and nutrients entering the Great Lakes from tributaries than by using traditional techniques. The program is highlighted in a new USGS publication.

“The approach we developed as part of the USGS water monitoring program provides an enhanced understanding of short-term variability and long-term changes in the quality of water from tributaries,” said Dale Robertson, a USGS scientist and the lead author of the report. “Understanding inputs from these rivers is important because they can affect the environmental health of the Great Lakes.”

Scientists collected and processed water-quality information from tributaries located in a wide range of land-use settings. Water-quality information included water flow; concentrations of total phosphorus, total nitrogen and suspended sediment; and data from sensors, such as turbidity.

“Taken together, the water-quality and input information from these rivers provide a broader and more accurate picture of how water from tributaries influences the environmental health of the Great Lakes, which are a multi-billion dollar per year resource,” Robertson said.

Due to the new methodology, the annual load estimates resulting from this water-quality monitoring effort may be different from previously released estimates by the USGS and other entities, according to Jon Hortness, the USGS Great Lakes Program Coordinator. 

The USGS Great Lakes tributary monitoring program can help evaluate the overall effects of Great Lakes Restoration Initiative management efforts.

The USGS monitoring program, its new scientific modeling approach and its water-quality estimates for 2011­ through 2013 are published in the Journal of Great Lakes Research.

For more information about USGS water studies in the Great Lakes and Midwest, please visit the USGS Upper Midwest Water Science Center or the USGS Great Lakes Restoration Initiative websites.

Original Article

USGS.gov

USGS.gov

https://www.usgs.gov/news/water-quality-monitoring-program-aids-restoration-great-lakes

USGS.gov

A new water-quality monitoring program, established by the U.S. Geological Survey, can provide scientists and managers with the best available data to help evaluate the health of Great Lakes ecosystems and improve water quality for recreation and commercial fishing.

Original Article

Upper Midwest Water Science Center

Upper Midwest Water Science Center

http://www.usgs.gov/news/technical-announcement/water-quality-monitoring-program-aids-restoration-great-lakes

mlubeck@usgs.gov

Dearborn Industrial Generation, owned by CMS Energy, has withdrawn its application to install an additional 263 megawatt combustion turbine generator at its natural gas-fired power plant located across from Salina Elementary School at 2400 Miller Road in Dearborn, Michigan. The expansion was estimated to result in significant increases in a number of air pollutants, including 416 tons per year of nitrogen oxides, 913 tons per year of carbon monoxide, and 167 tons per year of volatile organic compounds.

The power plant is located within 700 feet of Salina Elementary, and is nearby a community with a large immigrant population. It is located in close proximity to other major sources of air pollution, including AK Steel and the Ford Rouge Complex. At the public hearing, community residents expressed concerns about the potential health impacts that would result from allowing more air pollution to be emitted close to an elementary school in a neighborhood that already suffers from poor air quality. Many asserted that allowing a facility to increase its air pollution in a predominantly immigrant community would amount to an environmental injustice. 

Early on, Great Lakes Environmental Law Center identified the proposed expansion as a potential environmental justice issue. While the MDEQ initially proposed a 30-day public comment period in October, the Center identified that none of the public notice and comment documents provided by the MDEQ were available in Arabic despite 40% of residents in the community having limited English proficiency. Based on concerns raised by the Center that residents would not be able to effectively participate in the public comment process, the MDEQ extended the public comment period by two months and translated some of its public participation documents into Arabic. “When DEQ considers applications for facilities that will be located in areas where there is a significant minority or low income or non-native English speaking population, it must adhere to basic environmental justice principles,” said Oday Salim, Executive Director and Managing Attorney of the Great Lakes Environmental Law Center. He  added “Providing 30 days of public comment with no real local outreach and no translation into Arabic and other relevant languages was inexcusable. Thank goodness the Southend Dearborn community was brave and resilient enough to make their voices heard.”

The Center worked with several residents and organizations to develop lengthy written comments in opposition to the proposed expansion. With the assistance of students from the Wayne State University Law School Transnational Environmental Law Clinic, the Center identified several legal issues regarding the proposed expansion and presented those concerns to the MDEQ. “The Clean Air Act requires that major modifications at major air pollution sources such as this facility install the best available control technology to control emissions and preserve air quality in the area. We identified other similar facilities that used more effective pollution control technology” said Nick Leonard, Staff Attorney of the Great Lakes Environmental Law Center.

All people, especially children, should be able to breathe freely in the places that they live, work, go to school, and play -- no matter their race, national origin, or income level. Moving forward, DEQ needs to learn from this experience and improve its permitting approach in environmental justice communities.

Original Article

News - Great Lakes Environmental Law Center

News - Great Lakes Environmental Law Center

https://www.glelc.org/our-blog/2018/1/29/after-public-hearing-consumers-energy-withdraws-application-to-expand-power-plant-across-from-salina-elementary-school

Great Lakes Environmental Law Center

Dearborn Industrial Generation, owned by CMS Energy, has withdrawn its application to install an additional 263 megawatt combustion turbine generator at its natural gas-fired power plant located across from Salina Elementary School at 2400 Miller Road in Dearborn, Michigan. The expansion was estimated to result in significant increases in a number of air pollutants, including 416 tons per year of nitrogen oxides, 913 tons per year of carbon monoxide, and 167 tons per year of volatile organic compounds.

The power plant is located within 700 feet of Salina Elementary, and is nearby a community with a large immigrant population. It is located in close proximity to other major sources of air pollution, including AK Steel and the Ford Rouge Complex. At the public hearing, community residents expressed concerns about the potential health impacts that would result from allowing more air pollution to be emitted close to an elementary school in a neighborhood that already suffers from poor air quality. Many asserted that allowing a facility to increase its air pollution in a predominantly immigrant community would amount to an environmental injustice. 

Early on, Great Lakes Environmental Law Center identified the proposed expansion as a potential environmental justice issue. While the MDEQ initially proposed a 30-day public comment period in October, the Center identified that none of the public notice and comment documents provided by the MDEQ were available in Arabic despite 40% of residents in the community having limited English proficiency. Based on concerns raised by the Center that residents would not be able to effectively participate in the public comment process, the MDEQ extended the public comment period by two months and translated some of its public participation documents into Arabic. “When DEQ considers applications for facilities that will be located in areas where there is a significant minority or low income or non-native English speaking population, it must adhere to basic environmental justice principles,” said Oday Salim, Executive Director and Managing Attorney of the Great Lakes Environmental Law Center. He  added “Providing 30 days of public comment with no real local outreach and no translation into Arabic and other relevant languages was inexcusable. Thank goodness the Southend Dearborn community was brave and resilient enough to make their voices heard.”

The Center worked with several residents and organizations to develop lengthy written comments in opposition to the proposed expansion. With the assistance of students from the Wayne State University Law School Transnational Environmental Law Clinic, the Center identified several legal issues regarding the proposed expansion and presented those concerns to the MDEQ. “The Clean Air Act requires that major modifications at major air pollution sources such as this facility install the best available control technology to control emissions and preserve air quality in the area. We identified other similar facilities that used more effective pollution control technology” said Nick Leonard, Staff Attorney of the Great Lakes Environmental Law Center.

All people, especially children, should be able to breathe freely in the places that they live, work, go to school, and play -- no matter their race, national origin, or income level. Moving forward, DEQ needs to learn from this experience and improve its permitting approach in environmental justice communities.

Original Article

News - Great Lakes Environmental Law Center

News - Great Lakes Environmental Law Center

https://www.glelc.org/our-blog/2018/1/29/after-public-hearing-consumers-energy-withdraws-application-to-expand-power-plant-across-from-salina-elementary-school

Great Lakes Environmental Law Center

Meet the Midcontinent Rift, one of the most geologically fascinating regions in the United States and Canada.(Public domain.)

Now, you too can learn some of that history and see a small part of the mineral potential of the United States without leaving your comfortable chair! The USGS has just released a new interactive Story Map describing the Mineral Deposits of the Midcontinent Rift System.

The Midcontinent Rift System, which curves for more than 2000 km across the Upper Midwest, is one of the world’s great continental rifts. Rifting began about 1.1 billion years ago, when the Earth’s crust began to split along the margin of the Superior craton. Rifting ended before the crust completely opened to form a new ocean, and as time passed rift rocks were buried beneath younger rocks. With erosion and glaciation, the ancient rocks of the Midcontinent Rift were exposed in the Lake Superior region, creating much of its spectacular shoreline.

Learn the geologic history behind the mining history in the Great Lakes.(Public domain.)

In the Lake Superior region, rocks of the rift contain a wealth of mineral resources that formed by magmatic and hydrothermal processes during the ~30 million year course of rift development. Rift rocks are host to Michigan’s storied native copper deposits, and contain significant copper and nickel that were deposited during various stages of rift development.

In this Story Map, mineral deposit locations and descriptions, compiled from the USGS Mineral Resource Data System and the Ontario Geological Survey Mineral Deposit Inventory, are categorized by mineral commodity, mineral deposit type, and the relative time frame of mineralization.

The Midcontinent region is the focus of active mineral exploration, including for mineral deposit types previously unrecognized there.  Here, USGS scientists Laurel Woodruff and Suzanne Nicholson visit an anorthosite quarry, Duluth Complex, MN. Photo by K. Schulz, USGS.(Credit: Klaus, Schulz. Public domain.)

This Story Map also describes a new comprehensive digital Geographic Information System for the Midcontinent Rift System recently compiled by the USGS from numerous regional studies conducted over the last several decades.

Characterizing the mineral resources of the Midcontinent Rift System is a priority of the USGS Mineral Resources Program, and we hope you enjoy this Story Map that tells just part of the amazing story of this important geologic feature.

Much of the Great Lakes' mineral wealth can be traced to the Mid-Continent Rift. Here is a generalized geologic map of the Midcontinent Rift System. Modified from Dean Peterson, Duluth Metals.(Public domain.)

Read More:

Multidisciplinary Studies to Image and Characterize the Mineral Resource Potential of the Midcontinent Rift, USA Geophysics of the Midcontinent Rift Region Characterization of the Midcontinent Region Mineral Resources

Original Article

USGS.gov

USGS.gov

https://www.usgs.gov/news/understanding-mineral-resources-midcontinent-rift

apdemas@usgs.gov

The first great geologic expeditions of the United States set off in the mid-1800s, equipped with mules, rifles, and early scientific instruments. Their goal: to uncover the great mineral wealth of the United States and learn about its earliest geologic history.

Original Article

Wisconsin

Wisconsin

http://www.usgs.gov/news/science-snippet/understanding-mineral-resources-midcontinent-rift

apdemas@usgs.gov

The Center, on behalf of many individuals and organizations, commented to MDEQ about a bad air permit application related to a proposal to expand a power plant in Dearborn in an environmental justice area already full of air pollution.

Please read our comment.

Original Article

News - Great Lakes Environmental Law Center

News - Great Lakes Environmental Law Center

https://www.glelc.org/our-blog/2018/1/19/the-centers-comment-to-mdeq-about-dearborn-industrial-generations-proposed-power-plant-expansion

Great Lakes Environmental Law Center

Wayne Law is hosting a national conference on environmental justice Friday January 26, 2018. Environmental Justice in Practice features a superb line-up of advocates, attorneys, community leaders, organizers, and policy-makers.

Panels will cover energy and climate justice, water access and affordability, urban air quality, and careers in environmental justice. The conference is co-sponsored by Wayne Law's Transnational Environmental Law Clinic and Environmental Law Society, CURES at Wayne State, the University of Chicago Law School's Abrams Environmental Law Clinic, the American Bar Association's Environmental Justice Committee of the Section of Civil Rights and Social Justice, the Great Lakes Environmental Law Center, and the Environmental Law Institute.

The conference is free (even a free lunch), but you must register online by January 19, 2018. Tremendous thanks to my colleague Professor Nick Schroeck - email him for more details or questions.  

Program

Opening Remarks:

Dr. Agustin V. Arbulu, executive director, Michigan Department of Civil Rights (MDCR)

Keynote Speaker:

Mustafa Santiago Ali, senior vice president of climate, environmental justice & community revitalization, Hip Hop Caucus

Panel 1 will cover Environmental Justice issues related to energy production and distribution and climate change impacts on EJ communities.

Energy and Climate Justice

  • Denise Abdul-Rahman, environmental climate justice chair, NAACP Indiana
  • Jacqui Patterson, director, Environmental and Climate Justice Program, NAACP (invited)
  • Juliana Pino, policy director, Little Village Environmental Justice Organization (LVEJO) (invited)
  • Tony Reames, assistant professor, University of Michigan

Panel 2 will feature an in-depth exploration of Environmental Justice issues related to water access in Detroit, Chicago and Flint, including shutoffs and affordability challenges.

Water Access and Affordability

  • Mark P. Fancher, staff attorney, Racial Justice Project, ACLU of Michigan
  • Monica Lewis-Patrick, co-founder, president, and CEO, We The People Of Detroit
  • Cyndi Roper, senior policy advocate, Natural Resources Defense Council

Lunch featuring keynote speaker Charles Lee, senior policy advisor, Office of Environmental Justice, U.S. Environmental Protection Agency

Panel 3 will explore air quality challenges, regulation and enforcement in Environmental Justice communities, state and local perspectives.

Urban Air Quality

Panel 4 will feature professionals in the environmental field focusing on a variety of opportunities for new attorneys, organizers, and other roles.

Careers in Environmental Justice

  • Jeremy Orr, vice-chair, Environmental Justice Committee - Civil Rights & Social Justice Section, American Bar Association (ABA)
  • Marnese Jackson, regional field organizer, NAACP Environmental & Climate Justice Program
  • Maria Thomas, power up program leader, Soulardarity
  • Jalonne White-Newsome, senior program officer, Environment, The Kresge Foundation

Original Article

Great Lakes Law

Great Lakes Law

http://feedproxy.google.com/~r/GreatLakesLaw/~3/WTnkHVkFBVc/ej-conf.html

Noah Hall

I’m teaching property again this semester and have compiled a new book for my students, Open Source Property: A Free Casebook. As the title describes, the book is available under open source licensing, totally free and public. Students and anyone else can have it at no cost (except for the time and energy downloading a 650-page book) at
http://www.greatlakeslaw.org/files/Open_Source_Property_Casebook_Hall.pdf.

B5A06ACE-CD19-43F3-BD57-666B432F59C9

In 16 chapters, the book covers:

1. Ownership
2. Subject Matter of Property
3. Property in Persons
4. Intangible Property
5. Intellectual Property
6. Allocation
7. Water and Oil
8. Property Torts and Claims
9. Found and Stolen Property
10. Adverse Possession
11. Co-ownership and Marital Property
12. Leasing Real Property
13. Nuisance
14. Zoning
15. Common-Interest Communities
16. Takings

The book builds on Open Source Property, copyright 2015-2017 by Stephen Clowney, James Grimmelmann, Michael Grynberg, Jeremy Sheff, and Rebecca Tushnet. The original materials may be reused under the terms of the Creative Commons Attribution NonCommercial 4.0 International license.

Original Article

Great Lakes Law

Great Lakes Law

http://feedproxy.google.com/~r/GreatLakesLaw/~3/NKaGNsygHGw/open-source-property-a-free-casebook.html

Noah Hall