On:
In: CCO Meeting, FEMA Region 5, Indiana, Lake Michigan, Michigan, Open House, Public Meetings

Lake County, Indiana – Open House Presentation [.pdf] – CCO Meeting Presentation [.pdf]
Press Release [.pdf]
Wednesday, December 11, 2019
CCO Meeting 2-4 pm | Open House 5-7 pm
Hammond Port Authority – Clipper Room
701 Casino Center Drive
Hammond, Indiana 46320

Van Buren County, Michigan – Open House Presentation [.pdf] – CCO Meeting Presentation [.pdf]
Press Release [.pdf]
Thursday, December 12, 2019
CCO Meeting 2-4 pm | Open House 5-7 pm
South Haven City Hall – Council Chambers
539 Phoenix Street
South Haven, Michigan 49090

Original Article

Great Lakes Coastal Flood Study

Great Lakes Coastal Flood Study

https://www.greatlakescoast.org/2019/11/18/lake-michigan-community-consultation-officers-meeting-and-open-house-for-lake-county-indiana-and-van-buren-county-michigan/

Great Lakes Coast

On:
In: Fox Locks in the News, Important information, Press Releases

The Fox River Navigational System Authority board of directors approved conducting a suite of studies to provide more complete information to the DNR on the behavior of round gobies in an electric barrier environment. This series of studies would provide the following information:

  • Comprehensive information about the round goby’s ability to swim against water velocity at all stages of the fish’s life;
  • How an electrical field will affect a round goby at all stages of the fish’s life.

Four of the studies would be conducted in a laboratory, the fifth study is optional and would be conducted in one of the closed locks. If all five studies are conducted, the cost would be about $165,000, paid from FRNSA’s capital budget.

This will be the first such scientific study on the behavior of the round goby from larval to adult stages. Consultants are confident the studies will answer all questions raised by the DNR and provide definitive information on the fish’s response to electric currents and water velocity, two components central to the electric barrier proposed for the Menasha lock. For more information, visit this link. 

Original Article

Blog – Fox Locks

Blog – Fox Locks

http://foxlocks.org/2019/11/16/update-on-menasha-lock/

Fox Locks

On:
In: Fox Locks in the News, Important information, Newsletters, Press Releases, What's going on?

This summer, scientists from the U.S. Geological Survey set up at the closed lock 2 in Kaukauna and conducted a series of studies designed to assess the effects of a carbon dioxide barrier. The team built a large carbon dioxide infusion system and operated it in the closed lock and pond, taking thousands of measurements and recording data. This winter, scientists will assess the data to determine the effectiveness of a CO2 barrier in deterring fish, and the potential effects on animals, the river, and the atmosphere. Listen to this short video for more information and watch for the results in 2020!

 

Original Article

Blog – Fox Locks

Blog – Fox Locks

http://foxlocks.org/2019/11/15/study-underway-on-co2-barriers/

Fox Locks

On:
In: Fox Locks in the News, Important information, Press Releases

A meeting of the Board of Directors will be held tomorrow morning via conference call. As this is a public meeting, interested parties will be able to dial into the meeting according to the attached information. The purpose of the call is to review and vote on emergency repairs to Appleton lock 4.

PUBLIC MEETING NOTICE 11.15.19

 

Original Article

Blog – Fox Locks

Blog – Fox Locks

http://foxlocks.org/2019/11/14/public-meeting-notice/

Fox Locks

On:
In: CCO Meeting, FEMA Region 5, Lake Michigan, Michigan, Open House, Public Meetings

Muskegon County, Michigan – Open House Presentation [.pdf] – CCO Meeting Presentation [.pdf]
Press Release [.pdf]
Tuesday, December 3, 2019
CCO Meeting 2-4 pm | Open House 5-7 pm
Muskegon Community College – The University Room
221 Quarterline Road
Muskegon, Michigan 49442

Ottawa County, Michigan – Open House Presentation [.pdf] – CCO Meeting Presentation [.pdf]
Press Release [.pdf]
Wednesday, December 4, 2019
CCO Meeting 2-4 pm | Open House 5-7 pm
Ottawa County Emergency Management – Training Room
12220 Fillmore Street
West Olive, Michigan 49440

Allegan County, Michigan – Open House Presentation [.pdf] – CCO Meeting Presentation [.pdf]
Press Release [.pdf]
Thursday, December 5, 2019
CCO Meeting 2-4 pm | Open House 5-7 pm
Allegan District Library – Carnegie Room
331 Hubbard Street
Allegan, Michigan 49010

Original Article

Great Lakes Coastal Flood Study

Great Lakes Coastal Flood Study

https://www.greatlakescoast.org/2019/11/05/lake-michigan-community-consultation-officers-meeting-and-open-house-for-muskegon-ottawa-and-allegan-counties-michigan/

Great Lakes Coast

On:
In: Anne Moser, graduate students, Morgan Witte, sturgeon, Wisconsin Water Library

In a few short weeks, the Aquatic Sciences Center (ASC) will bid a fond farewell to Morgan Witte, who has served as a graduate project assistant since fall 2018. Witte, who works mainly with the Wisconsin Water Library, will graduate in December with a master’s degree from UW-Madison’s Information School. Senior Special Librarian Anne Moser has been her primary mentor at the ASC.

Morgan Witte holds a sturgeon decoy made by master carver George Schmidt and her most recent award. (Photo: Bonnie Willison)

Witte departs with two awards for her work on sturgeon-related projects that have extended the reach of “People of the Sturgeon: Wisconsin’s Love Affair with an Ancient Fish,” the well-loved book written by Kathy Kline, Fred Binkowski and Ronald Bruch. This has included cataloging and finding a permanent digital home for related audio files, as well as a well-attended exhibition on all things sturgeon in Fond du Lac. A poster Witte created about the sturgeon work was honored in the “Best Content” category at the recent yearly conference of the Wisconsin Library Association. The poster also won “Best Content” earlier this year at a conference specifically for academic librarians. (Learn more here.)

Said Moser, “Morgan has done an extraordinary job here at the ASC during her graduate program. These awards are well-deserved recognition of her innovation, hard work and contributions.”

Witte, who is graduating a semester early, has found her time at the Water Library eye opening. Robust, statewide outreach and educational programming are a major part of the library’s mission—something not typical for an academic library on a university campus.

The library collects materials one might not expect, such as children’s books and curriculum materials. It also develops STEM kits for kids that anyone in Wisconsin (like classroom teachers, librarians and parents) can borrow for free.

“Because of the materials this library collects,” said Witte, “I think that lends itself a lot to that outreach mission. I really hope to take that with me to wherever I work after this, because it’s so great to see not only the impact the library has on communities, but the impact those communities then have on the library. That influences your collection and what pieces of your collection you choose to highlight at what times of the year. And building those connections in a community can really strengthen the library, as well as the other way around.”

Her experience at the ASC has also given Witte exposure to its two programs, Wisconsin Sea Grant and the Water Resources Institute. “An inspiring part of this job is I’ve had a chance to learn from people who are doing amazing and innovative things in their respective fields.”

When Witte leaves the ASC, she’ll embark on an exciting new chapter of her life: relocating to Colorado to join her fiancé, who recently landed his dream job in Fort Collins as a wildlife geneticist. There, Witte—who is originally from Mount Horeb, Wisconsin—will job-hunt as she puts down roots in her new community.

Whether she lands in a public, academic or government library, she’s eager to apply her background in the sciences with the skills she honed at the Water Library, especially with regard to outreach and public programming.

She’s been a great asset to the ASC for the past year and half, and we wish her well in her future endeavors!

Original Article

Blog – Wisconsin Sea Grant

Blog – Wisconsin Sea Grant

https://www.seagrant.wisc.edu/blog/morgan-witte-honored/

Jennifer Smith

On:
In: aquatic invasive species, fox locks, Fox Locks in the News, fox river locks, Fox River Navigational System Authority, Important information, menasha lock closed, Press Releases, round goby

In September of 2015, FRNSA voluntarily closed the Menasha lock at the request of the Department of Natural Resources (DNR) to prevent the spread of an invasive fish, the round goby, which was discovered in Little Lake Butte des Morts. The goby is one of 192 invasive species found in Lake Michigan. The invasive species barrier at the Rapide Croche lock prevents transmission of any species from the Great Lakes into the lock system and eventually the Lake Winnebago watershed.

What do we know about round goby behavior?

Fish are uniquely sensitive to electrical currents because their muscle control is based on electrical impulses through their nervous system, and because they inhabit a conductive environment. Electrical barriers and guidance systems make use of this sensitivity.

We have reviewed results of scientific reports from researchers from the U.S. Geological Survey (USGS). Based published research, we know these characteristics of the round goby:

  • The round goby is a bottom dweller where the current in an electronic barrier would be strongest.
  • The velocity of the water in the navigation channel will affect the travel of the round goby. Part of the electronic barrier operations plan calls for flushing the lock daily prior to any lockages up or down the system.

 How did the round goby get here?

The round goby is an invasive fish found in the Great Lakes. Several were found in Little Lake Butte des Morts in September of 2015. When they were discovered, the lock system was not open to the Great Lakes and there were no populations of round gobies in Lake Winnebago according to DNR testing. Additionally at the time of discovery, there were three miles of dry canal and three de-watered locks between Little Lake Butte des Morts and Kaukauna. It is important to remember the Fox River flows north and it is impossible for fish to travel from the bay of Green Bay to Lake Winnebago through the lock system due to the barrier at the Rapide Croche lock. The round goby were most likely introduced into the system as fishing bait, or on pleasure boats that were not adequately cleaned.

Is the Menasha lock the main entry point for round gobies?

No. Since the fish was found, there is a verified population in Little Lake Butte des Morts. Currently, there are more than 60 boat landings into Lake Winnebago that are not monitored, and each summer float planes land in Lake Winnebago thus increasing access points for invasive species.

Original Article

Blog – Fox Locks

Blog – Fox Locks

http://foxlocks.org/2019/10/28/round-goby-facts/

Fox Locks

On:
In: Uncategorized

Scientists with the U.S. Geological Survey and the Geological Surveys of Illinois, Kentucky and Indiana are partnering to image geology using airborne geophysical technology as part of the USGS Earth Mapping Resource Initiative (Earth MRI) project.

For this tri-state survey, the USGS is contracting with EON Geosciences and will fly over all or parts of 23 counties in southeastern Illinois, western Kentucky and southern Indiana. The planes and crew will be based out of the Barkley Regional Airport in west Paducah, Kentucky. The survey began in early October and will be completed in December.

The survey will be flown at elevations approximately 80 to 300 meters, or about 260 to 1,000 feet, above ground in a grid pattern along east-west flight lines spaced approximately 200 meters, or 650 feet, apart. North-south flight lines will be spaced 3,000 meters, or 9,800 feet, apart. All survey flights will occur during daylight hours.        

A Piper Navajo airplane with tail stinger magnetometer in flight. 

(Credit: Courtesy EON Geosciences, Inc.)

Two Piper Navajo airplanes will be mounted with sensors that measure variations in the earth’s magnetic field. These variations are created by different rock types up to several miles beneath the surface. Each plane will also include sensors that measure soil and rock chemistry at the surface. None of the instruments carried on the aircraft pose a health risk to people or animals. The aircraft will be flown by experienced pilots that are specially trained and approved for low-level flying. All flights are coordinated with the FAA to ensure flights are in accordance with U.S. law.

This survey is one of five large airborne geophysical campaigns being conducted across various parts of the U.S. The surveys will help understand the geology over areas that may contain critical mineral-bearing deposit types. The 2019-2020 Earth MRI focus is to better understand several types of rare earth element deposits that occur within the five airborne geophysical surveys. Data collected as part of all five surveys will be made public and used to guide more detailed geologic mapping at local scales. When the data analysis is complete, results will provide state-of-the-art, subsurface maps that will contribute to a wide range of 3D representations of the nation’s exposed and concealed geology.

Earth MRI is a cooperative effort between the USGS, the Association of American State Geologists and other federal, state and private sector organizations to improve knowledge of the geologic framework in the U.S.

        

Map indicating flight area for tri-state low-level flight survey. The flights will cover 23 counties in Illinois, Kentucky and Indiana, and are included within the red rectangle. Flights began in October and are expected to conclude in December, 2019.

(Public domain.)

Original Article

USGS.gov

USGS.gov

https://www.usgs.gov/news/low-level-flights-image-3d-geology-illinois-kentucky-and-indiana

USGS.gov

On:
In: Uncategorized

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

Original Article

Region 3: Great Lakes

Region 3: Great Lakes

http://www.usgs.gov/news/technical-announcement/low-level-flights-image-3d-geology-illinois-kentucky-and-indiana

hkoontz@usgs.gov

On:
In: CCO Meeting, FEMA Region 5, Lake Huron, Michigan, Open House, Presentations, Public Meetings
GLCFS Presentation
Presentation for Lake Huron Open Houses [.pdf]

St. Clair County, Michigan – CCO Meeting Presentation [.pdf]
Press Release [.pdf]
Wednesday, November 13, 2019
CCO Meeting 2-4 pm | Open House 5-7 pm
St. Clair County Administrative Office – Dodge Auditorium
200 Grand River Ave.
Port Huron, Mich. 48060

GLCFS Presentation
Presentation for Lake Huron Open Houses [.pdf]

Sanilac County, Michigan – CCO Meeting Presentation [.pdf]
Press Release [.pdf]
Thursday, November 14, 2019
CCO Meeting 2-4 pm | Open House 5-7 pm
Lexington Village Hall – Council Chambers
7227 Huron Ave.
Lexington, Mich. 48450

Original Article

Great Lakes Coastal Flood Study

Great Lakes Coastal Flood Study

https://www.greatlakescoast.org/2019/10/15/lake-huron-community-consultation-officers-meeting-and-open-house-for-st-clair-county-and-sanilac-county-michigan/

Great Lakes Coast

On:
In: electric barrier, Events, fox locks, fox river locks, Fox River Navigational System Authority, Important information, menasha lock, menasha lock closed, Newsletters, Press Releases

Many of our customers and concerned citizens have asked specific questions about the proposed electric barrier for the Menasha Lock. We’re answering some of those questions here in order to give you the facts about the propsed project.

Where will the barrier be located?

The barrier will be constructed immediately downstream of the Menasha lock (remember, the Fox River flows north from Lake Winnebago to Green Bay). The lock is located at 82 Broad Street in the City of Menasha. FRNSA leases the property immediately around the lock from the State of Wisconsin.

What changes are proposed for the Menasha lock?

The proposal calls for building a 100-foot long concrete channel, 36 feet wide with vertical walls approximately 13 feet high (2’ will be visible above the waterline). Electrodes will be recessed in the concrete to create a pulsed DC electrical current. A portion of the riverbank on each side of the channel will be filled in to support the concrete channel. The plan calls for installing failsafe systems in the event of a power outage that include a backup natural gas powered generation system, an uninterpretable power supply to cover any possible lapse in power, and almost a dozen other closely monitored alarm controls that will alert operators to any system changes. The system is being built for future adaptability in mind to deter other invasive species.

Is the electric barrier dangerous to humans?

The barrier uses a pulsed field of direct current (DC) in the water that is not dangerous to humans on shore or in their boats. When going through the proposed barrier, boaters must follow a few safety precautions that are normally required for transit through the locks:

  • All boaters must wear an approved personal flotation device (PFD)
  • When entering the lock, all boat passengers must keep their arms, legs, and metal paddles out of the water.
  • No swimming is allowed in a lock or lock channel (there never has been)

Passengers must not get on or off a boat within locks or the lock channel

Where are electric barrier systems currently in use?

Use of electricity to guide and block fish is not a new concept and was derived from electroshocking technology used by fishery departments in nearly all states. Electrical barriers built in the 1950s and 1960s are still in operation. Electric barriers are custom-designed for each situation and, as such, include a wide variety of barrier geometries, waveforms, and field strengths. In short, the objective of each barrier and guidance system is what drives the system design.

More than 70 Smith-Root-designed electrical barriers and guidance systems have been installed across the globe. In Midwestern states such as Minnesota, Michigan, and Illinois Smith-Root has 28 pulsed DC electrical barriers in operation for multiple years and monitoring shows the barriers operate reliably.

The design proposal is currently 60% complete and has been submitted to the state DNR for review and approval. For more information including design proposals, construction proposals, and supporting documentation, visit this link. 

Original Article

Blog – Fox Locks

Blog – Fox Locks

http://foxlocks.org/2019/10/14/get-the-facts-the-menasha-barrier-part-2/

Fox Locks

On:
In: Communication, cyanobacteria, Great Lakes, Lake Huron, microbes, microorganisms, NOAA, Research, sinkholes
When most people think of sinkholes, a massive cavity in the ground opening up and swallowing a car is what usually comes to mind. But when scientists at the NOAA Great Lakes Environmental Research Laboratory (GLERL) hear “sinkholes,” their minds … Continue reading →

Original Article

NOAA Great Lakes Environmental Research Laboratory

NOAA Great Lakes Environmental Research Laboratory

https://noaaglerl.blog/2019/10/10/millions-of-microbes-the-unexpected-inhabitants-of-lake-hurons-underwater-sinkholes/

Gabrielle Farina

On:
In: Uncategorized

“Watching our estimates for the Marcellus rise from 2 trillion to 84 trillion to 97 trillion in under 20 years demonstrates the effects American ingenuity and new technology can have,” said USGS Director Jim Reilly. “Knowing where these resources are located and how much exists is crucial to ensuring our nation’s energy independence.”

The assessment unit map for the Marcellus Shale within the Appalachian Basin. Although it occupies similar areas as the Point Pleasant-Utica Shale, the Marcellus is much younger, having formed in the Devonian age.

(Public domain.)

The Marcellus, Point Pleasant and Utica are extensive formations that cover parts of Kentucky, Maryland, New York, Ohio, Pennsylvania, Virginia and West Virginia.

This is a significant increase from the previous USGS assessments of both formations. In 2011, the USGS estimated a mean of 84 trillion cubic feet of natural gas in the Marcellus Shale, and in 2012 the USGS estimated about 38 trillion cubic feet of natural gas in the Utica Shale.

Significant amounts of natural gas have been produced from the Marcellus and Utica Shales since the previous USGS assessments. USGS assessments are for remaining resources and exclude known and produced oil and gas.

A drill rig at a well site in the Marcellus Shale gas play of southwestern Pennsylvania.

(Credit: Ken Skipper, USGS. Public domain.)

The natural gas in these formations is classified as continuous, because it is spread throughout the assessed rock layers instead of being concentrated in discrete accumulations. Production techniques like directional drilling and hydraulic fracturing are required to produce these resources.

“Since our assessments in 2011 and 2012, industry has improved upon their development techniques for continuous resources like the shale gas in the Appalachian Basin,” said Walter Guidroz,  program coordinator for the USGS Energy Resources Program. “That technological advancement, plus all of the geological information we’ve gained from the last several years of production, have allowed us to greatly expand our understanding of these formations.”

The Marcellus Shale also contains an estimated 1.5 billion barrels of natural gas liquids, while the Point Pleasant-Utica Shale also contains an estimated 1.8 billion barrels of oil and 985 million barrels of natural gas liquids. Natural gas liquids are liquid hydrocarbons like propane, butane and/or ethane.

The assessments units of the Point Pleasant-Utica Shale Formation within the Appalachian Basin. Although it occupies similar areas as the Marcellus Shale, it was formed during the Ordovician Period, millions of years prior to the Marcellus.

(Public domain.)

These assessments are for undiscovered, technically recoverable resources. Undiscovered resources are those that have been estimated to exist based on geology and other data, but have not yet been proven to exist by drilling or other means. Technically recoverable resources, meanwhile, are those that can be produced using today’s standard industry practices and technology. This is different from reserves, which are those quantities of oil and gas that are currently profitable to produce.

USGS is the only provider of publicly available estimates of undiscovered technically recoverable oil and gas resources of onshore lands and offshore state waters. The USGS Marcellus and Point Pleasant-Utica Shale assessments were undertaken as part of a nationwide project assessing domestic petroleum basins using standardized methodology and protocol.

The new assessment of the Marcellus Shale can be accessed here. The new assessment of the Point Pleasant-Utica Shale may be found here. To find out more about USGS energy assessments and other energy research, please visit the USGS Energy Resources Program website and follow us on Twitter.

Original Article

USGS.gov

USGS.gov

https://www.usgs.gov/news/usgs-estimates-214-trillion-cubic-feet-natural-gas-appalachian-basin-formations

USGS.gov

On:
In: Uncategorized

The Marcellus Shale and Point Pleasant-Utica Shale formations of the Appalachian Basin contain an estimated mean of 214 trillion cubic feet of undiscovered, technically recoverable continuous resources of natural gas, according to new USGS assessments.

Original Article

Region 3: Great Lakes

Region 3: Great Lakes

http://www.usgs.gov/news/national-news-release/usgs-estimates-214-trillion-cubic-feet-natural-gas-appalachian-basin

apdemas@usgs.gov

On:
In: Fox Locks in the News, Important information, Press Releases

It is with extreme sadness that we announce the passing of our Chairman of the Board, Dr. S. Timothy Rose. Dr. Rose was a passionate and energetic advocate for the lock system and his leadership helped restore the lock system and rescue a national treasure. We will miss his dedication, depth of knowledge of the region and the river, and his sense of humor. We are all thankful for the time he invested in the system and will miss him deeply.

To read his full obituary, please visit this link. 

Shortly before Dr. Rose passed, we sat down with him to review the important work the Fox River Navigational System Authority has done to re-open the lock system. We share his words with you and hope you also remember a true community servant.

Original Article

Blog – Fox Locks

Blog – Fox Locks

http://foxlocks.org/2019/09/30/dr-s-timothy-rose-in-memoriam/

Fox Locks

On:
In: electric barrier, Fox Locks in the News, fox river locks, Fox River Navigational System Authority, Important information, menasha lock, menasha lock closed, Press Releases

The proposed electric barrier at the Menasha lock

For the last three years, the Fox River Navigational System Augthority (FRNSA) has been the only entity that has been leading the charge to find solutions to open the Menasha lock by seeking out proposals using the best available science and new technology. We have invested more than $200,000 to find solutions that use proven scientific studies and believe we have a solution. The proposed electric barrier is the best, most current technology to meet the needs of all parties. The Fox River watershed belongs to all citizens of the state of Wisconsin as well as all recreational and commercial boaters, silent sport users, homeowners, business owners, tour boat owners, fisherman and women, and the non-boating public. The goals of the barrier system are:

  • prevent the spread of the round goby into the Lake Winnebago watershed,
  • return the Menasha lock to operation,
  • build a system that can be adapted to prevent the spread of any future invasive species.

We are working with researchers from USGS, ACOE, DNR as well as engineers from OMNNI Associates to review the most recent scientific research on invasive species barriers and solutions that have worked for other communities in the Great Lakes region. Smith-Root, one of the nation’s leaders in aquatic ecosystem management, is designing a plan using a system of electric deterrent barrier and water flow regulation at the Menasha lock to stop the spread of the round goby.

This concept involves building a concrete, U-shaped channel with a smooth surface similar to a pool, adjacent to and downstream from the Menasha lock. Electrodes would be recessed in the bottom of the channel. This type of a barrier will allow boat traffic to pass through the channel while halting the passage of fish. The barrier delivers a pulsing DC current to fish entering the channel, causing them to turn around and not enter the lock; it also uses a flushing flow water velocity process to prevent the round goby from moving into the lock channel. The DC current in the water is not dangerous to humans.

The design proposal is currently 60% complete and has been submitted to the state DNR for review and approval. This proposed design is estimated at $3 million, all of which FRNSA will fund through monies generated from community fundraising and investment income.

For more information, please visit this link. 

Original Article

Blog – Fox Locks

Blog – Fox Locks

http://foxlocks.org/2019/09/30/get-the-facts-the-menasha-lock-barrier/

Fox Locks

On:
In: Communication
Ron Muzzi has led the life of a marine engineer at NOAA’s Great Lakes Environmental Research Laboratory (GLERL) since 1979.  Throughout his career, Ron has worked to extend the reach of technology to study the Great Lakes. In leading GLERL’s … Continue reading →

Original Article

NOAA Great Lakes Environmental Research Laboratory

NOAA Great Lakes Environmental Research Laboratory

https://noaaglerl.blog/2019/09/27/ron-muzzi-an-inquisitive-mind-opens-the-door-for-a-career-in-marine-engineering-at-noaa-glerl/

Katherine Glassner-Shwayder

On:
In: dePere lock, fox locks, Fox Locks in the News, Fox River Locks History, Fox River Navigational System Authority, History & Fun Facts, Important information, Little Chute lock, menasha lock, What's going on?

Another fantastic season for the Fox Locks is in the books! Thank you to all of you who traveled through the locks and every year we hope to make improvements in the experience. Many don’t remember that the locks system has not been in operation since the early 1980s, so an entire generation has grown up without the experience of traveling through the historic lock system.

Speaking of history, here’s a quick look at notable dates and events for the lock system:

1825 Construction of Erie Canal completed, idea of connecting Green Bay and Prairie du Chien via water becomes reality.

1848 Wisconsin becomes a state.

1849 Construction begins on Fox & Wisconsin River improvements

1851 Contracts awarded for lock construction at Kaukauna and Little Chute

1866 Wisconsin Improvement Company, owner of the lock project, declared bankruptcy

1870 Green Bay and Mississippi Canal Company takes over management of the locks

1872 United States Army Corps of Engineers acquires navigational control of the waterway

1886 U.S. Army Corps of Engineers abandons Wisconsin River portion of locks system

1922 Dredging for commercial traffic on the Fox River halts

1959 Last vessel navigates the full length of the Fox River

1982 Army Corps of Engineers recommends the lock system is dismantled

1984 Local citizens and elected officials start a campaign to fund and keep the locks open

1993 Individual locks named to the National Register of Historic Places, part of the National Park Service.

2001 State statute 237 creates the Fox River Navigational System Authority

2004 Ownership of the lock system is transferred from the U.S. Army Corps of Engineers to the State of Wisconsin

2005 Repair and renovation begins on the lock system

2015 All locks are restored to full operational functionality

Fall 2015: Menasha Lock voluntarily closed due to discovery of Round Goby in Little Lake Butte des Morts.

Original Article

Blog – Fox Locks

Blog – Fox Locks

http://foxlocks.org/2019/09/16/fox-locks-timeline-history-at-a-glance/

Fox Locks

On:
In: CCO Meeting, FEMA Region 5, Illinois, Lake Michigan, Open House, Presentations, Public Meetings
GLCFS Presentation
Presentation for Lake Michigan Open Houses [.pdf]

Cook County, Illinois – CCO Meeting Presentation [.pdf]
Press Release [.pdf]
Thursday, September 26, 2019
CCO Meeting 2-4 pm | Open House 5-7 pm
Winnetka Village Hall | Council Chambers
510 Green Bay Road
Winnetka, Illinois 60093

Original Article

Great Lakes Coastal Flood Study

Great Lakes Coastal Flood Study

https://www.greatlakescoast.org/2019/09/04/lake-michigan-community-consultation-officers-meeting-and-open-house-for-cook-county-illinois/

Great Lakes Coast

On:
In: CCO Meeting, FEMA Region 5, Lake Michigan, Michigan, Open House, Presentations, Public Meetings
GLCFS Presentation
Presentation for Lake Michigan Open Houses [.pdf]

Mason County, Michigan – CCO Meeting Presentation [.pdf]
Press Release [.pdf]
Wednesday, September 18, 2019
CCO Meeting 2-4 pm | Open House 5-7 pm
Ludington City Hall
400 South Harrison Street
Ludington, Michigan 49431

Oceana County, Michigan – CCO Meeting Presentation [.pdf]
Press Release [.pdf]
Thursday, September 19, 2019
CCO Meeting 2-4 pm | Open House 5-7 pm
Oceana County Services Building
844 South Griswold Street
Hart, Michigan 49420

Original Article

Great Lakes Coastal Flood Study

Great Lakes Coastal Flood Study

https://www.greatlakescoast.org/2019/09/04/lake-michigan-community-consultation-officers-meeting-and-open-house-for-mason-county-and-oceana-county-michigan/

Great Lakes Coast

On:
In: Communication, Education, Great Lakes, great lakes water life
From prehistoric-looking lake sturgeon to colorful crayfish, the Great Lakes are alive with thousands of remarkable native species. To document and celebrate the diversity of fauna native to the Great Lakes, NOAA-GLERL has partnered with US EPA and the Great … Continue reading →

Original Article

NOAA Great Lakes Environmental Research Laboratory

NOAA Great Lakes Environmental Research Laboratory

https://noaaglerl.blog/2019/09/04/exploring-the-diversity-of-native-species-with-great-lakes-water-life/

El Lower

On:
In: Uncategorized

In 2018, Michigan significantly revised the State’s Lead and Copper Rule, the primary regulation controlling lead in drinking water. The Rule, which is regarded as the strongest in the nation, was widely lauded by drinking water advocates as a necessary response to address the shortcomings of the federal lead and copper rule, which were exposed during the course of the Flint Water Crisis.

One of the key requirements of Michigan’s revised Rule is that it requires every community water system to replace the entire portion of all lead service lines by 2041, or on another schedule approved by the Department of Environment, Great Lakes, and Energy. While this is the only way to effectively eliminate the risk of lead in drinking water, it comes with costs. While estimates vary, the cost to replace lead service lines generally ranges from $3,000 to $5,000 per line. With an estimate of 460,000 lead service lines in the State, the costs can quickly become daunting. This is of particular concern in environmental justice communities, which generally have high numbers of lead service lines, and which are already struggling with unaffordable water bills. Access to affordable and safe drinking water in many of Michigan’s cities, including Detroit and Flint, is tenuous and, for many residents, already non-existent. As such, it’s important that creative financing solutions are developed to remedy the existing and continuously growing crisis of access to affordable and safe drinking water.

The primary source of federal funds for drinking water infrastructure is the Drinking Water State Revolving Fund program. Established under the Safe Drinking Water Act, this program provides states with federal capitalization grants to fund drinking water infrastructure projects, so long as the state matches 20% of the federal grant. The state fund is generally used to issue low-interest loans to local water suppliers to pay for infrastructure upgrades. Historically, only “disadvantaged communities” have been eligible to receive grants instead of loans.

Michigan has recently published a draft of its “Intended Use Plan” for fiscal year 2020, which describes how the State plans to utilize its Drinking Water State Revolving Fund to pay for drinking water infrastructure upgrades. Particularly for environmental justice communities, these funds are more important than ever. However, the State’s Intended Use Plan leaves a lot to be desired:

  • The Plan proposes to provide grants for drinking water infrastructure improvements to wealthy communities, such as Lake Orion. Historically, grants have only been provided to “disadvantaged communities” that are struggling with water affordability issues. Providing these grants to wealthy communities fails to direct funding to the communities with the greatest need.

  • The Plan only provides 15% of its funds to “disadvantaged communities” in the form of grants. Both Illinois and Ohio have proposed to provide 55% of its funds in the form of grants.

  • Historically, Michigan has provided a single, flat interest rate for all communities regardless of economic status. Every other Great Lakes states, provide some type of discounted interest rate for environmental justice communities, some offering interest rates as low as 0%.

  • Michigan determines which cities qualify as a “disadvantaged community” by primarily relying on median annual household income. The American Water Works Association has stated the use of median annual household income for this purpose is “seriously flawed” and fails to accurately measure affordability.

Submit Your Comment On Michigan’s 2020 Intended Use Plan

How: Submit comments via email to Karol Patton at pattonk@michigan.gov

When: Comments must be submitted by 5:00pm Wednesday, 8/28

Link to 2020 Intended Use Plan: https://www.michigan.gov/documents/egle/egle-fd-mfs-DWRF-draft-DWiupppl2020_661272_7.pdf

Original Article

News - Great Lakes Environmental Law Center

News - Great Lakes Environmental Law Center

https://www.glelc.org/our-blog/2019/8/27/michigans-drinking-water-state-revolving-fund-intended-use-plan-fails-to-address-the-current-water-affordability-crisis-in-environmental-justice-communities

Great Lakes Environmental Law Center

On:
In: Uncategorized

In a win for safe drinking water advocates, the Michigan Court of Claims recently upheld the State’s Lead and Copper Rule, which was significantly revised in the wake of the Flint water crisis. In an effort to protect Michiganders from exposure to lead in drinking water, the revised rule is more stringent than the federal rule of the same name, for example mandating the replacement of all lead service lines in the state by 2041, requiring additional tap sampling, requiring water systems to conduct a comprehensive inventory of the materials in their drinking water distribution system in order to identify locations of lead service lines, banning partial lead service line replacements, and lowering the lead action level from 15 parts per billion to 12 parts per billion.

The Oakland County Water Resources Commissioner, Great Lakes Water Authority, the City of Detroit, and the City of Livonia challenged many of these revisions, bringing suit against the Michigan Department of Environment, Great Lakes, and Energy (EGLE) in the Michigan Court of Claims in December 2018. In

The Great Lakes Environmental Law Center, in partnership with the Natural Resources Defense Council, filed an amicus curiae brief in support of EGLE. On July 26th, the court granted the MDEQ’s motion for summary disposition, rejecting the defendant waters systems’ challenge. 

Below is a brief summary of the arguments put forth by the water suppliers and local governments, and the court’s response in dismissing their claims.

Procedural Validity

 The plaintiffs first attempted to argue that the state did not follow proper procedures when revising the Lead and Copper rule, and therefore the rule was invalid. The plaintiffs claimed that the Regulatory Impact Statement (RIS) for the rulemaking did not include the estimated cost of compliance with the rules. The court held that, on the contrary, the RIS included the cost estimates and adequately addressed why the costs were necessary. Overall, the court found that the plaintiffs’ arguments concerned matters that could have been and were properly addressed during the public comment period, and simply because the plaintiffs disagreed with MDEQ’s conclusions did not mean that MDEQ failed to follow the requisite procedures.

Substantive Validity 

In addition to rejecting the plaintiffs’ arguments that the rules were procedurally invalid, the court also disagreed with the plaintiff’s contentions that the rules were substantively invalid. The plaintiffs asserted that the MDEQ exceeded its authority when it created rules that require water systems to replace the entire lead service line on both sides of the “curb stop” – the dividing line between the public portion of the line and the portion running under homeowners’ property, which is considered privately owned in some municipalities. The court disagreed and found that the Michigan Safe Drinking Water Act (MCL 325.1003) expressly grants EGLE the authority to regulate the entire waterworks system of a public water supply, which includes mixed public and private lines. Notably, the Michigan Safe Drinking Water Act’s statutory grant of jurisdiction is broader than what exists in the federal Safe Drinking Water Act. While both the state and federal law empower their respective administrative agencies to regulate the public water system, Michigan’s Safe Drinking Water Act broadly defines “public water supply” to include the entirety of the system of pipes and appurtenances through which water is obtained and distributed (See, MCL 325.1002(p), (x)). Comparatively, the federal Safe Drinking Water Act defines “public water system” to only include those distribution facilities under the “control” of the operator.

 Constitutional Claims

Finally, the court rejected plaintiffs’ claims that by requiring water supplies to pay for the cost of replacing private portions of lead service lines, the rules violated a provision of the Michigan Constitution that prohibits the state from lending credit (Mich. Const. art. 9, § 18). The court found that the supplies would not actually be lending credit under the rule because they could spread the replacement costs throughout the systems and thus would not be giving the service lines away for free, and further the supplies would be receiving a benefit in return: the elimination of potential sources of lead contamination in the drinking water system.

Moreover, even if there were a lending of credit, the court noted that paying for private lead service line replacement would fall under an exception that allows for the lending of credit where “provided by law, for any public purpose” (Mich. Const. art. 7, § 26) in that the costs expended would be for the public purpose of removing lead service lines and promoting public health.

Headlee Claim

 In addition to these claims, the plaintiffs also argued that the revised rule violates the Headlee Amendment of the Michigan Constitution, which prohibits the state from requiring municipalities to provide new or additional services without the state financing its mandate (Mich. Const. art. 9, §§25). In response, the state filed another motion for summary disposition, arguing that no such mandate exists in this case. The court has not yet issued its opinion on this “unfunded mandate” claim, but GLELC is optimistic that the court will once again find in favor of the EGLE and uphold the critical public drinking water protections set forth in the Michigan Lead and Copper Rule.

Conclusion

Pending appeal, the Court of Claim’s decision to uphold Michigan’s Lead and Copper Rule ensures that the strongest regulation regarding lead in drinking water will remain on the books. As local water systems begin the process of replacing all lead service lines throughout the state of Michigan, it will become increasingly necessary for both local water suppliers, EGLE, and the Michigan legislature to identify creative financing solutions to avoid the exacerbation of the rising issue of water affordability. This is particularly important considering that the greatest concentration of lead service lines are in Michigan tend to be in its communities of color and lower income, making this an important environmental justice issue. Simply put, all people should be able to afford clean drinking water. While the Michigan’s Lead and Copper Rule has survived its first legal hurdle, it likely has more to come. Additionally, the work to ensure that all people can afford lead-free drinking water remains.

Original Article

News - Great Lakes Environmental Law Center

News - Great Lakes Environmental Law Center

https://www.glelc.org/our-blog/2019/8/12/michigan-court-of-claims-upholds-michigans-revised-lead-and-copper-rule

Great Lakes Environmental Law Center

On:
In: CCO Meeting, FEMA Region 5, Indiana, Lake Michigan, Open House, Presentations, Public Meetings
GLCFS Presentation
Presentation for Lake Michigan Open House [.pdf]

Porter County, Indiana – CCO Meeting Presentation [.pdf]
Press Release [.pdf]
Thursday, August 29, 2019
CCO meeting 2-4 pm | Open House 5-7 pm
Indiana Dunes National Lakeshore | Training Room
1100 N. Mineral Springs Road
Porter, Indiana 46304

LaPorte County, Indiana – CCO Meeting Presentation [.pdf]
Press Release [.pdf]
Thursday, August 29, 2019
CCO meeting 2-4 pm | Open House 5-7 pm
Indiana Dunes National Lakeshore | Training Room
1100 N. Mineral Springs Road
Porter, Indiana 46304

Original Article

Great Lakes Coastal Flood Study

Great Lakes Coastal Flood Study

https://www.greatlakescoast.org/2019/08/01/lake-michigan-community-consultation-officers-meeting-and-open-house-in-indiana/

Great Lakes Coast

On:
In: CCO Meeting, FEMA Region 5, Lake Michigan, Michigan, Open House, Presentations, Public Meetings
GLCFS Presentation
Presentation for Lake Michigan Open Houses [.pdf]

Manistee County, Michigan – CCO Meeting Presentation [.pdf]
Press Release [.pdf]
Tuesday, August 13, 2019
CCO meeting 2-4 pm | Open House 5-7 pm
Manistee County Emergency Management
1525 E. Parkdale Ave.
Manistee, MI 49660

Benzie County, Michigan – CCO Meeting Presentation [.pdf]
Press Release [.pdf]
Wednesday, August 14, 2019
CCO meeting 2-4 pm | Open House 5-7 pm
Benzie County Office of Emergency Management
448 Court Place
Beulah, MI 49617

Emmet County, Michigan – CCO Meeting Presentation [.pdf]
Press Release [.pdf]
Thursday, August 15, 2019
CCO meeting 2-4 pm | Open House 5-7 pm
Harbor Springs City Hall
160 Zoll Street
Harbor Springs, MI 49740

Original Article

Great Lakes Coastal Flood Study

Great Lakes Coastal Flood Study

https://www.greatlakescoast.org/2019/07/15/lake-michigan-community-consultation-officers-meeting-and-open-house/

Great Lakes Coast

On:
In: Uncategorized

The report, titled Protecting Drinking Water in the Great Lakes: A Primer on Existing State Policies and Using the Safe Drinking Water Act, was published by American Rivers. It was developed in partnership by American Rivers and the Great Lakes Environmental Law Center.

The report surveys how the 8 Great Lakes states are using state laws, regulations, and policies to address 10 key drinking issues impacting the region. The drinking water issues addressed are:

  1. Maximum Contaminant Levels, Treatment Techniques, and Monitoring Standards

  2. Lead as a Drinking Water Contaminant

  3. Consumer Confidence Reporting

  4. Loans and Grants

  5. Public Participation in Standards, Permits, and Enforcement

  6. Operator Certification

  7. Management of Drinking Water Emergencies

  8. Management of Algal Blooms and Their Consequences

  9. Private Water Supplies: Well Construction and Protection from Pollution

  10. Per- and Polyfluoroalkyl (PFAS) and Drinking Water

The report will be a valuable tool for community activists, environmental organizations, and policymakers working on drinking water issues throughout the Great Lakes region. It will enable these stakeholders to quickly reference how each state is addressing important drinking water issues, and to brainstorm effective solutions for their own state.

The full report is available here.

Original Article

News - Great Lakes Environmental Law Center

News - Great Lakes Environmental Law Center

https://www.glelc.org/our-blog/2019/6/14/american-rivers-and-great-lakes-environmental-law-center-release-report-surveying-how-great-lakes-states-are-addressing-key-drinking-water-issues

Great Lakes Environmental Law Center

On:
In: Water Library Blog
Over the past few months, I’ve been diligently restructuring and updating the Water Research Guide. For those who are unfamiliar with research guides, they are online tools intended to help people find information on a particular topic. This means pointing people in the right direction for scholarly articles, books, newspapers, websites, and other credible sources […]

Original Article

Wisconsin Water Library

Wisconsin Water Library

https://waterlibrary.aqua.wisc.edu/water-research-guide/

Morgan Witte

On:
In: Environmental Justice, Environmental Rights, Students

Dulcepamba_River

The following guest post is by Great Lakes Environmental Law Center student fellow Shannon Nelson. Shannon is a University of Michigan Law School student and graduate of Wesleyan University. Prior to law school, she was the operations manager for Floating Doctors in Bocas del Toro, Panama. Shannon has led our project in Ecuador, working with local advocates and attorneys to protect the Dulcepamba River and support the people most affected by its destruction.  

In 2008, Ecuador became the first nation to recognize rights of nature in its Constitution. And in the coming months, Ecuador’s Constitutional Court will for the first time decide how rights of nature should be applied to protect the Dulcepamba River from state-sanctioned damming and destruction.

As Ecuador is a civil law country, judicial decisions affect only the parties at bar and, even at the appellate level, do not carry the precedential weight of cases in common law systems. The Constitutional Court is the one exception to this rule. The Court, which sits in Quito, is the singular body tasked with Constitutional interpretation in Ecuador. The Court may hear as a court of appeal cases that present novel questions of Constitutional law or where Constitutional mechanisms have been denied.

Although the Court has heard cases involving the rights of Nature before now, the Dulcepamba River case represents the first time the Court will interpret the rights of Nature recognized in the Constitution and begin to define the substance of those rights for the country.

SENAGUA

For over a decade, the community of San Pablo de Amalí in the Bolívar province of Ecuador has been engaged in seemingly endless litigation with Hidrotambo, S.A. over their hydroelectric project on the Dulcepamba River. In 2003, the company applied for a license to utilize the river to generate power to serve the Ecuadorian grid. The national water authority (“SENAGUA”), in turn, granted them a water right for 6.5 cubic meters of water year-round.

In 2005, Hidrotambo began construction on the 8MW run-of-river style dam despite persistent objections from community. To build the intake works for the dam, the company determined that they would need to reroute the river channel about 200 meters closer to the town. Community members warned that rerouting the river so close to the town would pose a significant risk of flooding; however, their concerns were dismissed, and construction continued. The fears of the community played out in March 2015, when a totally normal weather event resulted in a devastating flood that killed three people and washed away several homes. In the years since, the community has been fighting for the enforcement of human and nature’s rights in the face of corporate power with close ties to the central government.

Dulcepamba_dam

For a more in-depth account, see San Pablo de Amalí: un pueblo sin agua (Spanish) and Run of the River by Kat Kerlin (English).

Ecuador has led the world by recognizing Nature as a rights-bearing entity in its Constitution. This acknowledgment of legal personhood grants Nature standing to bring cases—or, more accurately, for others to bring cases on its behalf—against violations of its rights in court. Among the rights enumerated in Ecuador’s Constitution are the right to integral respect for [Nature’s] existence and for the maintenance and regeneration of its life cycles, structure, functions and evolutionary processes and the right to be restored.

The Constitution also imposes obligations on the State to apply preventive and restrictive measures on activities that might lead to the extinction of species, the destruction of ecosystems, or the permanent alteration of natural cycles. These rights and obligations are distinct from, yet intrinsically connected with, several anthropocentric environmental rights recognized in the constitution, including the right to live in a healthy environment, the right to water, and the right to food sovereignty. The constitution also provides that, while the State will encourage sustainable development, when development conflicts with the rights of others to water and food sovereignty, those basic needs must come first. Taken in tandem, these rights and obligations create an expansive framework of environmental and social protections, consistent with the foundational principle that humans are part of the natural world and should strive to live in harmony with nature. Ecuador’s Constitution refers to this as the sumak kawsay, or good living, an indigenous principle, similar counterparts of which exist in other Indigenous nations throughout the region.

I began working on the Dulcepamba River case in October 2018, just over a month into my first semester of law school. I could not have imagined at that time the profound impact the case would have on me and my nascent legal career. Apart from a love of the outdoors and a penchant for rock walls, my only environmental training was an AP Environmental Science class in high school (which was longer ago than one might think looking at me). Having worked as Operations Manager for a global health NGO that provides primary care services for indigenous communities in Panama before coming to law school, I initially got involved with the project because of the indigenous rights issue it presented. Many of the communities in the Dulcepamba Watershed identify as indigenous and the hydroelectric company failed to consult the communities prior to beginning the project as required by both international and Ecuadorian law.

Our work, however, focused on four other provisions in Ecuador’s Constitution: the human rights to water, food sovereignty, and a healthy environment and, most centrally to this case, the rights of nature (“RoN”). When I began working on the case in October, I was as perplexed by the idea of Nature having rights as anyone. I struggled envisioning what such a legal system would look like. The more I immersed myself in the subject, however, the more evident the need for RoN became.

Dulcepamba_dam_house

In December, Professor Hall and I traveled to Ecuador to visit the team in San Pablo de Amalí and to see the actual site of the dam. I learned just as much swimming in the Dulcepamba River and sitting in community members’ homes listening to their stories as I did pouring over law review articles, UNGA resolutions, and constitutional provisions. The interdependence between the community and the river illustrated just how important RoN is as an ideology and legal theory—it is impossible to truly protect one without the other.

The Dulcepamba River Litigation-

We have written amicus briefs for two cases being brought by members of the community of San Pablo de Amalí, on their own behalf and on behalf of Nature. The first case addresses the exorbitant water use authorization granted to Hidrotambo. Simply put, the current authorization amounts to a total wipeout of the Dulcepamba River. In 2018, over 291 applications for water use (some representing dozens of individuals) by the upstream community have been denied or held pending by SENAGUA due to the current concession to Hidrotambo. Community members have requested an exhaustive revision of Hidrotambo's water right, citing irregularities in the authorization process, including the failure to complete empirical studies before granting the concession. A study conducted by researchers at UC Davis Center for Watershed Sciences and presented by the plaintiffs demonstrates that the water right allocated to Hidrotambo exceeded the actual flow of the river 83% of the time over the last ten years. That is before factoring in any of the water needs of community members in the watershed. This case is still pending despite prior assurances from SENAGUA that it would be resolved by the end of 2018. We expect to file our amicus brief in the administrative case in the coming month.

The second case, a protective action brought the Public Ombudsman and the Ecumenical Human Rights Commission (CEDHU) against several Ecuadorian government agencies for failing to protect the constitutional rights of the community of San Pablo de Amalí and Nature, has progressed much more rapidly through the courts.

The protective action, which was filed in January 2019, addresses the negligent manner in which the hydroelectric project has been executed, from the initial planning to regulation of operations. Most notably, when the company rerouted the river channel closer to the town during construction, they failed to complete any hydrological or hydraulic studies and restricted the floodplain in such a way that the river was unable to evacuate sediment and debris. This resulted in the devastating flood in March 2015 that killed three people and completely washed away several houses. Beyond the incalculable harm suffered by the community, in constructing the dam, Hidrotambo completely altered the ecosystem of the river in violation of Article 71 of Ecuador’s Constitution. (See full text of Brief of Amicus Curiae in Support of the Protective Action, available at - https://www.greatlakeslaw.org/files/Dulcepamba_protective_action_amicus.pdf)

Hidrotambo has maintained that the flood was a natural event that their management of the dam played no role in; however, the UC Davis study revealed that the return interval for a weather event like the one that resulted in the March 2015 flood is only six years. This supports the community's assertion that the flood was not a freak natural disaster and would not have been nearly as destructive but for the rerouting of the river and the negligent maintenance of the dam. It also means that the community remains in danger as long as Hidrotambo refuses to take the necessary steps to mitigate the risks.

In February, a lower court in Chillanes, Ecuador held that there was not a demonstrable causal relationship between the actions of Hidrotambo and the various government agencies and the devastating flood, and as such there was no violation of constitutional rights. (See full text of decision from the Court of First Instance in Chillanes, available at - https://www.greatlakeslaw.org/files/Dulcepamba_Chillanes_decision.pdf)

On appeal, the Provincial Court of Bolívar also denied relief, affirming the lower court’s holding that there was no violation of constitutional rights and also advancing an administrative exhaustion argument. According to the court, the record demonstrates that the agencies named as defendants have requested that Hidrotambo implement protective measures. While recognizing that none of these demands have been complied with, the court nevertheless held that a protective action is not the right method to compel the agencies to enforce compliance. (See full text of appellate decision from the Provincial Court of Bolívar, available at - https://www.greatlakeslaw.org/files/Dulcepamba_Bolivar_decision.pdf)

The Constitutional Court’s acceptance of the case indicates that the Provincial Court’s administrative exhaustion argument may not be sound. Even at this procedural stage, it represents an important step in RoN jurisprudence. The Court was not compelled to accept the case—it has broad discretionary authority over its docket. The decision to review the case suggests that the Court is prepared to begin developing a substantive RoN as a matter of Constitutional law. In the decision announcing its acceptance of the case, the Court said that it would address the standards and limits regarding the exploitation of renewable and nonrenewable resources managed by the State, the conduct of licensed companies, and the impact on the rights of the community and of Nature. The Constitutional Court’s decision in Dulcepamba River case could then frame the issues and standards for future RoN cases from the Galapagos to the Amazon. 

An alliance of environmental organizations (including the Earth Law Center, International Rivers, CEDENMA, and the Great Lakes Environmental Law Center) along with several leading international experts in environmental law (including Professors Oliver Houck, Zygmunt Plater, Patrícia Galvão Ferreira, and Noah Hall) filed an amicus brief in the Constitutional Court on the Dulcepamba River case. An English translation of the Constitutional Court amicus brief is also available.

Why we need Rights of Nature (and why simply recognizing a human right to a healthy environment won’t cut it)-

When I began my studies in September, I did not plan on becoming an environmental lawyer. After spending the last several months supporting those fighting on behalf of the Dulcepamba River, I cannot imagine not being one. I have to believe that it is possible to solve the environmental problems we have created. However, it is clear that our current system will not provide the answer. The Community Environmental Legal Defense Fund has keenly observed that one should not expect more from a permitting system; by its very name, it is clear that such a system is designed to permit harm, not prohibit it.

Over the years, many have pressed to formally recognize a human right a healthy environment. While I am certainly supportive of such an action, I do not believe it goes nearly far enough. More than 100 countries already recognize a human right to a healthy environment and yet we are still faced with mounting environmental crises of epic proportions. According to the latest IPCC report released in October 2018, we are poised to exceed 1.5 degrees above preindustrial levels by 2040. While we cannot yet fully appreciate the effects this increase will have on the planet, the prognosis is certainly bleak. Earlier this month, the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services released a global assessment on Biodiversity finding that nearly 1 million species are at risk of extinction, many within mere decades. Radical situations call for radical solutions.

Of course, in order to solve the problem, we need to know what is causing it. David Boyd, the UN Special Rapporteur on Human Rights and the Environment, has identified three damaging ideas that have led to our current environmental crisis:

The first is anthropocentrism—the widespread human belief that we are separate from, and superior to, the rest of the natural world… The second is that everything in nature, animate and inanimate, constitutes our property, which we have the right to use as we see fit. The third idea is that we can and should pursue limitless economic growth as the paramount objective of modern society.

If we are to address the environmental harms we have caused and make meaningful change, we first need a change of perspective. The defining characteristic of RoN, of course, is the shift from the anthropocentric ideology that has enabled us to treat the natural world as property to be extracted and exploited, toward a recognition that as humans we are very much a part of the natural world.

For further discussion of the need for RoN check out this podcast from CELDF or Fighting for Our Shared Future by Earth Law Center.

While RoN is still on the outskirts of the mainstream environmental movement, it is gaining momentum internationally and at the grassroots level. Bolivia, New Zealand, India, and Colombia have all recognized RoN in national laws and court decisions. We have seen pockets of RoN spring up throughout the United States with varying degrees of success. Over three dozen communities across the United States have already passed local laws and ordinances recognizing RoN. There also are campaigns underway to amend state constitutions in Colorado, Ohio, Oregon, New Hampshire and Vermont. To that effect, perhaps most promising in all of this, are the individuals and communities coming together to demand and defend Nature’s rights. It is worth remembering that RoN did not always exist in Ecuador. In fact, Ecuador faced many of the same obstacles in recognizing RoN that we might anticipate here in the United States. Ecuador’s economy was largely dependent on the extraction and exploitation of natural resources and property law in the country was quite similar to ours. It took a massive social movement, led by Indigenous groups and environmental advocates, to include RoN in the 2008 Constitution. Over the past 9 months, I have also gotten to work alongside and learn from skillful and fierce advocates both in Ecuador and across the United States and Canada, from the community members of San Pablo de Amalí and their attorneys at CEDHU, to the growing network of professors and students across the United States and Canada committed to advancing the rights of Nature and communities. Although there is still a long way to go and the stakes have never been higher, I am hopeful that RoN may actually save the world.

Photos: 1) Don Manuel Truijillo, president of the farming community of San Pablo de Amalí, sits with his daughter by the Dulcepamba River; 2) SENAGUA offices in Quito; 3) the Hidrotambo dam; 4) Don Manuel, accompanied by a project team member, standing on the dam spillway with his threatened home in the background. 

Original Article

Great Lakes Law

Great Lakes Law

https://www.greatlakeslaw.org/blog/2019/06/the-dulcepamba-river-gets-its-day-in-court-rights-of-nature-and-constitutional-law-in-ecuador.html

Noah Hall

On:
In: Water Library Blog
Special blog post by Perry Smith and Susan Jurries Arbor Vitae-Woodruff Elementary Woodruff, Wisconsin May 3, 2019 On Thursday, April 25, 2019 fifty-one fourth graders, four teachers, and one paraprofessional educator boarded the bus at 8:15 AM for the 160 mile trip to Superior, WI and Duluth, MN from our school in Woodruff, Wisconsin. We […]

Original Article

Wisconsin Water Library

Wisconsin Water Library

https://waterlibrary.aqua.wisc.edu/fifty-one-students-and-five-brave-educators-go-on-a-field-trip/

Anne Moser

On:
In: Communication, Education, Event, Great Lakes, IAGLR2019, panel discussion, Research, scicomm, stakeholder feedback
This June, fellow researchers from around the world will gather in Brockport, New York, on the shores of the Erie Canal for IAGLR’s 62nd annual Conference on Great Lakes Research. Hosted by The College at Brockport, State University of New York, … Continue reading →

Original Article

NOAA Great Lakes Environmental Research Laboratory

NOAA Great Lakes Environmental Research Laboratory

https://noaaglerl.blog/2019/03/18/two-day-session-highlighting-the-importance-of-science-translation-at-iaglr-2019/

Margaret Lansing

On:
In: Uncategorized

The MDEQ has agreed to host an additional public meeting regarding a proposal from U.S. Ecology that would allow the company to increase the hazardous waste storage and treatment capacity at its facility at 6520 Georgia Street on Detroit’s eastside. The public meeting will be held on March 28th from 6:00-9:30pm at Bridge Academy East (9600 Buffalo Street, Hamtramck). Starting at 7:30pm, the public will have an opportunity to provide comments to the MDEQ regarding the proposal. A full agenda of the public meeting in Arabic, Bengali, and English is provided below.

What does U.S. Ecology do?

U.S. Ecology owns and operates a hazardous waste facility located at 6520 Georgia Street in Detroit. It is currently permitted by the MDEQ to store 76,118 gallons of hazardous waste, and to treat 114,000 gallons of hazardous waste per day. The company accepts a wide variety of hazardous wastes from industrial processes.

The treatment process creates three main byproducts: wastewater, nonhazardous solid waste, and hazardous solid waste. Hazardous and non-hazardous solid wastes are disposed off-site. Wastewater is discharged into the Detroit sewer system in accordance with a permit issued to the company by the Great Lakes Water Authority. Discharges from the facility into the storm sewer system have exceeded the permitted levels on numerous occasions.

What is U.S. Ecology proposing to do?

U.S. Ecology is seeking a license from the Michigan Department of Environmental Quality that will allow it to increase the amount of hazardous waste that it stores and treats at its facility on Georgia Street. The proposed increases are provided below:

  • Proposing to increase hazardous waste storage capacity from 76,118 gallons to 676,939 gallons (9x increase)

  • Proposing to increase treatment hazardous waste treatment capacity from 114,000 gallons per day to 432,115 gallons per day (3x increase )

Didn’t the MDEQ already hold a public hearing regarding this issue?

The MDEQ did hold a public hearing regarding U.S. Ecology’s proposal in 2015. However, it did not provide any translation services to Arabic or Bengali speakers despite the presence of Bengali and Yemeni communities nearby the facility. Many residents in these communities speak and understand limited English, and without translation services they were unable to learn about U.S. Ecology’s proposal or provide meaningful input to the MDEQ.

What is the MDEQ doing differently at this public hearing?

As a result of the advocacy of local Yemeni and Bengali residents, in partnership with the Great Lakes Environmental Law Center and the Coalition to Oppose the Expansion of U.S. Ecology, the MDEQ has agreed to provide translation services for both Arabic and Bengali speakers to enable such residents to provide meaningful input to the MDEQ regarding the proposed expansion of U.S. Ecology’s hazardous waste facility.

Information about the proposal and the public meeting is available in Arabic, Bengali, and English at the MDEQ’s website.

A notice and agenda regarding the public meeting in English, Arabic, and Bengali is provided below. The MDEQ will also translate all documents regarding this issue into Arabic and Bengali, will translate its presentation at the public meeting into Arabic and Bengali, and will have Arabic and Bengali translators available on-site at the public meeting.

What are the issues with U.S. Ecology’s proposed expansion?

The proposed expansion continues the legacy of disproportionately locating hazardous waste facilities in low-income communities of color.

Studies by Paul Mohai of the University of Michigan’s School of Natural Resources and Robin Saha of the University of Montana have found a consistent pattern over a 30-year period of placing hazardous waste facilities in neighborhoods where poor people and people of color live. These communities are often seen as the path of least resistance, because residents in these communities have fewer resources and political clout to oppose the siting of unwanted facilities.

Michigan is no exception to this general trend:

  • There are 10 commercial hazardous waste facilities in Michigan that accept hazardous waste that is generated off-site.

  • 8 out 10 of commercial hazardous waste facilities in Michigan are located in Wayne county.

  • Collectively, 60,405 people live within 1-mile of the 10 commercial hazardous waste facilities in Michigan. 59% are low-income; 70% are people of color.

In short, commercial hazardous waste facilities in Michigan are concentrated in Wayne county and are disproportionately located in low-income communities and communities of color.

The proposal to expand U.S. Ecology would continue this disturbing trend. 10,021 people live within 1-mile of U.S. Ecology’s facility on Georgia Street. 81% are low-income; 65% are people of color.

Additional Documents

MDEQ Public Meeting Flyer (Arabic)

MDEQ Public Meeting Flyer (Bengali)

MDEQ Public Meeting Flyer (English)

MDEQ Public Meeting Agenda (Arabic)

MDEQ Public Meeting Agenda (Bengali)

MDEQ Public Meeting Agenda (English)

Additional MDEQ Documents (Arabic, Bengali, and English)

Great Lakes Environmental Law Center Comments Regarding the U.S. Ecology Proposal to the Wayne County Commission

Original Article

News - Great Lakes Environmental Law Center

News - Great Lakes Environmental Law Center

https://www.glelc.org/our-blog/2019/3/12/mdeq-to-hold-an-additional-public-meeting-and-provide-translation-services-for-bengali-and-arabic-speakers-regarding-proposed-expansion-of-us-ecologys-hazardous-waste-facility

Great Lakes Environmental Law Center

On:
In: Uncategorized

These young fish are the first grass carp collected in their larval stage from within the Great Lakes watershed. Other life stages, including fertilized eggs, juveniles and adults, have been previously documented in tributaries and shoreline areas of Lake Erie. Identifying locations with larval grass carp in the Maumee River will help inform management decisions and allow natural resource agencies to better focus limited resources on grass carp removal efforts. 

“If grass carp become abundant in Lake Erie they could consume large amounts of aquatic vegetation, ultimately reducing habitat for native fish and other aquatic animals and diminishing food resources for waterbirds,” said USGS scientist Patrick Kočovský. “The Lake Erie ecosystem is a major contributor to the Great Lakes’ multi-billion dollar per year fishery.”

On June 13 and 26, 2018, a sampling crew from The University of Toledo collaborating with the USGS sampled the Maumee River in Toledo, Ohio, for early life stages of grass carp. The larval grass carp were collected near the I-280 bridge in the city of Toledo and near the river mouth adjacent to Brenner’s Marina during high water flow events typical of spawning conditions for grass carp. While the samples were being processed in January 2019, six larval fish resembling grass carp were identified.

These larval fish were sent to the USGS for genetic confirmation. Scientists analyzed DNA extracted from each larva in early February and confirmed with high confidence that the species of every hatchling was grass carp. Subsequent genetic sequencing of the larval fish DNA in late February confirmed that the larvae were grass carp.

“Collecting larval fish in a Great Lake is like finding a needle in a haystack,” said Christine Mayer of The University of Toledo Department of Environmental Sciences and Lake Erie Center. “Our finding helps make the haystack smaller when looking for spawning grass carp.”

The capture of these larval grass carp confirms previous evidence that they spawn in the Maumee River, and the capture of larvae during separate high flow events confirms the possibility of more than one successful spawning event within a year. This new discovery does not indicate the population size in the Maumee River, but underscores the continued need for early detection.

The USGS and The University of Toledo have previously documented grass carp spawning in the Sandusky River.

For more information about the threat of Asian carp in the Great Lakes, please visit the USGS Great Lakes Restoration Initiative website.

The larval grass carp capture locations were just downstream of the I-280 bridge in the city of Toledo and adjacent to Brenner’s Marina. The I-280 bridge is 5.4 kilometers (about 3.4 miles) from the first small embayment to the west of the river channel and 7.5 kilometers (about 4.7 miles) from the downstream-most point of the dredge spoil island to the northwest of the channel. Brenner’s Marina is just under a mile from the first small embayment to the west of the river channel and 3.5 kilometers (about 2.2 miles) from the downstream-most point of the dredge-spoil island. 

(Credit: Patrick Kočovský, USGS. Public domain.)

 

These images show grass carp larvae from the Maumee River. Characteristics of larval grass carp include overall length (left), skeletal muscle development (center) and presence of an eye spot that lacks pigmentation (right; pigment starting to develop on lower eye).

(Credit: Nicole King, The University of Toledo)

Original Article

USGS.gov

USGS.gov

https://www.usgs.gov/news/newly-hatched-invasive-grass-carp-found-maumee-river-ohio

USGS.gov

On:
In: Uncategorized

A genetic analysis conducted by the U.S. Geological Survey recently confirmed that  larval, or newly hatched, fish collected from the Maumee River during the summer of 2018 are grass carp, one species of invasive Asian carps that threaten the Great Lakes. The Maumee River is a tributary to Lake Erie.

Original Article

Region 3: Great Lakes

Region 3: Great Lakes

http://www.usgs.gov/news/state-news-release/newly-hatched-invasive-grass-carp-found-maumee-river-ohio

mlubeck@usgs.gov

On:
In: Buoys, Cleveland, Communication, Drinking Water, Great Lakes, harmful algal blooms, hypoxia, lake erie, Research, Water quality
A new video SMART BUOYS: Preventing a Great Lakes Drinking Water Crisis released by Ocean Conservancy describes how NOAA forecast models provide advance warnings to Lake Erie drinking water plant managers to avoid shutdowns due to poor water quality. An … Continue reading →

Original Article

NOAA Great Lakes Environmental Research Laboratory

NOAA Great Lakes Environmental Research Laboratory

https://noaaglerl.blog/2019/03/04/noaa-and-partners-team-up-to-prevent-future-great-lakes-drinking-water-crisis/

Nicole Rice

On:
In: Water Library Blog
Open access (OA) is a hot topic right now in librarianship! OA resources are available online for free, providing the public (and other researchers, for that matter) with research, data, and other information that is usually hidden behind the paywall of expensive journals and databases. Although OA journals and repositories aren’t always reputable, many trustworthy […]

Original Article

Wisconsin Water Library

Wisconsin Water Library

https://waterlibrary.aqua.wisc.edu/open-access-in-the-aquatic-sciences-biodiversity-heritage-library/

Morgan Witte