Nov 21: In the U.S. Court of Appeals, Sixth Circuit, Case No. 07-2083. In the case of Fednav et al., v. Steven E. Chester, et al, the Appeals Court unanimously upheld the U.S. District Court, Eastern District, Southern Division decision of Judge John Feikens [Case No. 07-11116, See WIMS 8/16/07] that ruled that Michigan's Ballast Water Statute, Mich. Comp. Laws § 324.3112(6), is constitutional. The case challenging the Michigan law was brought by nine shipping companies and associations. Defendants in the case were Michigan Department of Environmental Quality (MDEQ) Director Steven Chester and Michigan Attorney General Mike Cox. Four environmental and conservation organizations intervened in the case supporting the State's position including: Michigan United Conservation Clubs (MUCC); Alliance for the Great Lakes (Alliance); National Wildlife Federation (NWF); and Natural Resources Defense Council (NRDC). . .
Access the complete article on the WIMS Environmental Appeals Court Blog (click here).
Tuesday, December 2, 2008
Great Lakes Regional Collaboration Annual Meeting
Dec 2: The Great Lakes Regional Collaboration (GLRC) has released the Agenda and Call-in information for the GLRC's Annual Meeting on December 10, 2008 from 10 AM to noon CST. The Agenda includes information on background and progress to date and will cover a brief review of stakeholder involvement process and a brief update on GLRC Initiatives (full descriptions are available online at the website below).
Access the complete Agenda with call in information, and additional instructions for participation (click here). Access the GLRC website for links to updates on initiatives and additional information (click here).
Access the complete Agenda with call in information, and additional instructions for participation (click here). Access the GLRC website for links to updates on initiatives and additional information (click here).
Wednesday, November 19, 2008
Comments Wanted On Mercury Emission Reduction Strategy
Nov 19: The Great Lakes Regional Collaboration (GLRC) Executive Committee directed that a Great Lakes Mercury Emission Reduction Strategy be developed with a goal of producing institutionalized activities to sustain mercury emissions reduction from unregulated sources, and regulated sources with potential for additional reduction. The Strategy should produce recommendations for state action, or available options for state action. It also directed that the group developing the strategy, solicit input from stakeholders on an ongoing basis using the existing Great Lakes Binational Toxics Strategy mercury workgroup.
A workgroup was formed in April 2008 to develop the Strategy. The workgroup has made significant progress towards the development of the draft Strategy, including developing a detailed table of contents, developing a detailed discussion about mercury emission sources, and the criteria for selecting source sectors that will be addressed in detail in the Strategy. The Strategy Team is seeking input on documents developed so far including the criteria document, and the source sector document. Input would be most helpful if submitted by December 19, 2008.
The work group members selected source sectors based on the criteria communicated in the June 17, 2008 memo to stakeholders. Selection was based on the following criteria: Total emissions within the Great Lakes states; Potential for high deposition within Great Lakes Basin (due to speciation profile) or high local emissions impact (because of big individual sources); Current availability of measures to achieve reductions; and Potential for future emissions growth from the sector.
Sources were further evaluated based on the following criteria: Are mercury emissions from the sector already being adequately addressed?; Do states have the ability to achieve reductions beyond what will be accomplished through existing/forthcoming regulations/programs?; and Are there cost-effective opportunities for additional reduction?
Access a posted request for feedback and comment (click here). Access the draft outline (click here). Access the criteria document (click here). Access the source sector document (click here). Submit contributions and comments to Alexis Cain (click here); and to Deb Jacobson (click here). Access the GLRC Toxics Pollutants Initiative website for additional information (click here).
A workgroup was formed in April 2008 to develop the Strategy. The workgroup has made significant progress towards the development of the draft Strategy, including developing a detailed table of contents, developing a detailed discussion about mercury emission sources, and the criteria for selecting source sectors that will be addressed in detail in the Strategy. The Strategy Team is seeking input on documents developed so far including the criteria document, and the source sector document. Input would be most helpful if submitted by December 19, 2008.
The work group members selected source sectors based on the criteria communicated in the June 17, 2008 memo to stakeholders. Selection was based on the following criteria: Total emissions within the Great Lakes states; Potential for high deposition within Great Lakes Basin (due to speciation profile) or high local emissions impact (because of big individual sources); Current availability of measures to achieve reductions; and Potential for future emissions growth from the sector.
Sources were further evaluated based on the following criteria: Are mercury emissions from the sector already being adequately addressed?; Do states have the ability to achieve reductions beyond what will be accomplished through existing/forthcoming regulations/programs?; and Are there cost-effective opportunities for additional reduction?
Access a posted request for feedback and comment (click here). Access the draft outline (click here). Access the criteria document (click here). Access the source sector document (click here). Submit contributions and comments to Alexis Cain (click here); and to Deb Jacobson (click here). Access the GLRC Toxics Pollutants Initiative website for additional information (click here).
Water "Product" Diversion Debate Goes On
Nov 18: The on-going debate over possible water diversion loopholes involving the definition of "product" and the 5.7 gallon exemption under the recently enacted Great Lakes Compact continues. An article by environmental writer John Flesher, published in the Traverse City Record Eagle reports on the coalition of groups led by Michigan Citizens for Water Conservation (MCWC) and their launch of a public education campaign in Traverse City on November 16, 2008 [See WIMS 11/5/08]. The drive is focused on plugging what the groups call a major loophole in the Great Lakes Compact that would allow waters of the Great Lakes to be diverted by private export and sale.
Jim Olson, water law attorney for MCWC said, “There is a giant loop-hole in the Great Lakes Compact diversion ban that just passed Congress. The ban doesn’t apply to water produced and put in a container. That means water placed in a container will be fair game for the engines of large corporations and their teams of lawyers under NAFTA and international trade law. Citizens, landowners, and businesses in Michigan need to know what’s happened so we can protect our water from future claims by outside interests.”
The article reports on others, including the National Wildlife Federation's Great Lakes office and the staff for the Council of Great Lakes Governors (CGLG) that crafted the compact, who believe the existing Compact language "provides ironclad protections" and indicate that the issue "was discussed at length" and experts were consulted when the Compact was drafted. Representative Bart Stupak (D-MI), one of the few legislators to vote against the Compact, is quoted as saying, "Anybody could run a semi-truck through these loopholes."
Access the Record Eagle article (click here). Access the Great Lakes Regional Body website for additional information (click here). Access agendas for both meetings (click here). Access the CGLG website (click here).
Jim Olson, water law attorney for MCWC said, “There is a giant loop-hole in the Great Lakes Compact diversion ban that just passed Congress. The ban doesn’t apply to water produced and put in a container. That means water placed in a container will be fair game for the engines of large corporations and their teams of lawyers under NAFTA and international trade law. Citizens, landowners, and businesses in Michigan need to know what’s happened so we can protect our water from future claims by outside interests.”
The article reports on others, including the National Wildlife Federation's Great Lakes office and the staff for the Council of Great Lakes Governors (CGLG) that crafted the compact, who believe the existing Compact language "provides ironclad protections" and indicate that the issue "was discussed at length" and experts were consulted when the Compact was drafted. Representative Bart Stupak (D-MI), one of the few legislators to vote against the Compact, is quoted as saying, "Anybody could run a semi-truck through these loopholes."
Access the Record Eagle article (click here). Access the Great Lakes Regional Body website for additional information (click here). Access agendas for both meetings (click here). Access the CGLG website (click here).
Tuesday, November 18, 2008
GLC Urges Stimulus Funding For Great Lakes Infrastructure
Nov 18: The Great Lakes Commission (GLC) is urging Congress to include funding for critical Great Lakes infrastructure needs in the economic stimulus package currently being developed. In correspondence sent this week to the Great Lakes Congressional delegation, newly elected Commission Chairman, Illinois Lt. Gov. Pat Quinn stated that, “now, more than ever, we have an opportunity to create jobs, stimulate economic development and protect and restore fresh water resources in the eight-state Great Lakes region.”
Recognizing the severe economic downturn affecting the Great Lakes region, Lt. Gov. Quinn emphasized that the Great Lakes are a vital economic asset for the region. The Commission highlighted four critical areas where the economic stimulus package could support large-scale infrastructure projects that can be implemented in 2009 to stimulate job growth and strengthen the regional economy.
Projects areas outlined included: Repair and upgrade failing wastewater infrastructure by providing $6.5 billion to the Clean Water State Revolving Fund, with $2.4 billion for the eight Great Lakes states; Implement toxic sediment cleanup projects by providing $250 million for the Great Lakes Legacy Act; Begin construction of a new large lock at Sault Ste. Marie, Michigan with $100 million for the U.S. Army Corps of Engineers; and Eliminate the backlog in dredging Great Lakes ports, navigation channels and recreational harbors by providing $125 million to the U.S. Army Corps of Engineers.
Access a release from GLC with further details and link to the complete letter (click here).
Recognizing the severe economic downturn affecting the Great Lakes region, Lt. Gov. Quinn emphasized that the Great Lakes are a vital economic asset for the region. The Commission highlighted four critical areas where the economic stimulus package could support large-scale infrastructure projects that can be implemented in 2009 to stimulate job growth and strengthen the regional economy.
Projects areas outlined included: Repair and upgrade failing wastewater infrastructure by providing $6.5 billion to the Clean Water State Revolving Fund, with $2.4 billion for the eight Great Lakes states; Implement toxic sediment cleanup projects by providing $250 million for the Great Lakes Legacy Act; Begin construction of a new large lock at Sault Ste. Marie, Michigan with $100 million for the U.S. Army Corps of Engineers; and Eliminate the backlog in dredging Great Lakes ports, navigation channels and recreational harbors by providing $125 million to the U.S. Army Corps of Engineers.
Access a release from GLC with further details and link to the complete letter (click here).
Friday, November 14, 2008
Lake Michigan Monitoring Meeting Webcast
Nov 14: The Lake Michigan Monitoring Coordination Council Fall 2008 Meeting addressing The Lake Michigan Nearshore: Monitoring Gaps & Plans to Address Them, is being held at the Marina Grand Resort in New Buffalo, MI on November 18-19, 2008. A live video webcast will be available starting 1:00 PM Eastern time on the 18th.
The draft Agenda. features the following topics: National Water Quality Monitoring Council Update; Lake Michigan Pilot Demonstration Update; 2008 State of the Lakes Ecosystem Recap; USGS Beach Health Initiative: Indicators, Research & Analytical Methods Update; Lake Monitoring with the Triaxis: Capabilities and Future Plans; 2010 Coastal Condition Report; 2010 Lake MI GLNPO/LaMP Intensive Year Monitoring & Follow-up on 10/24; BEC Meeting: Closer Connection Between Monitoring and the LaMPs; RFP on Phosphorous by Adding Loads; GLRRIN near shore research plans; NEST Indicators Program (National Environmental Status & Trends); Lake Michigan focus issue: Botulism Research and Monitoring; Lake Michigan Pilot Study Nearshore Gaps and Related Components; and Discussion: Coordinating/Developing Monitoring Around Nearshore Issues.
Access links to the complete agenda and the webcast (click here).
The draft Agenda. features the following topics: National Water Quality Monitoring Council Update; Lake Michigan Pilot Demonstration Update; 2008 State of the Lakes Ecosystem Recap; USGS Beach Health Initiative: Indicators, Research & Analytical Methods Update; Lake Monitoring with the Triaxis: Capabilities and Future Plans; 2010 Coastal Condition Report; 2010 Lake MI GLNPO/LaMP Intensive Year Monitoring & Follow-up on 10/24; BEC Meeting: Closer Connection Between Monitoring and the LaMPs; RFP on Phosphorous by Adding Loads; GLRRIN near shore research plans; NEST Indicators Program (National Environmental Status & Trends); Lake Michigan focus issue: Botulism Research and Monitoring; Lake Michigan Pilot Study Nearshore Gaps and Related Components; and Discussion: Coordinating/Developing Monitoring Around Nearshore Issues.
Access links to the complete agenda and the webcast (click here).
Wednesday, November 12, 2008
Report Looks At "Ecological Separation" Of Great Lakes & Mississippi
Nov 12: The Great Lakes Fishery Commission (GLFC) and the Great Lakes Fishery Trust (GLFT) announced the release of a three-year study by the Alliance for the Great Lakes (Alliance) that takes a first look at stopping the transfer of invasive species between the Great Lakes and Mississippi River systems. While an electrical dispersal barrier currently provides some control on the Chicago Sanitary and Ship canal, long term solutions are needed to further reduce the risk of invasions.
The report -- Preliminary Feasibility of Ecological Separation of the Mississippi River and the Great Lakes -- co-funded by the Fishery Trust and the Fishery Commission, is the first systematic look at commercial and recreational traffic on the waterway and at potential, long term solutions to prevent biological transfers. The study was funded pursuant to a recommendation from an Invasive Species Summit meeting convened in 2003 by Chicago Mayor Richard M. Daley that called for a project to examine long-term solutions to reduce the risk of invasive species in the waterway.
According to a release from GLFC and GLFT, the Chicago Waterway System, a series of canals built in the 1800s that famously “reversed the flow” of the Chicago River to improve sanitation, artificially connects the Great Lakes and Mississippi River basins. The waterway serves as a transportation corridor and provides access for recreational boaters. The connection, however, also is a conduit for invasive species, with zebra mussels and round gobies moving from the Great Lakes to the Mississippi basin and with Asian carp currently threatening to enter the Great Lakes from the Mississippi. With increasing global trade, the threat of invasive species is only expected to grow.
Rebecca Humphries, Chair of GLFT and Director of the Michigan Department of Natural Resources (MDNR) said, “Invasive species continue to pose one of the biggest threats to the future of the Great Lakes and the Chicago waterway is a direct link for species to enter Lake Michigan. This study helps establish a course to address this important link." GLFC Chair Michael Hansen, a professor at the University of Wisconsin -- Stevens Point said, “With the benefit of hindsight the Great Lakes and Mississippi systems should never have been connected in so direct a way. Our task now is to find permanent and effective solutions to the threat that this waterway poses. The commission calls upon the U.S. Army Corps of Engineers to consider the Alliance’s recommendations and launch a full-scale study, with the ultimate goal of achieving long term separation between the two basins.”
According to a release from the Alliance leading Great Lakes advocates are calling for Federal leadership and funding for “ecological separation” of the Great Lakes from the Mississippi River basin to protect both great watersheds from the perils of invasive species. Alliance VP for Policy Joel Brammeier, lead author of the report said, “The Great Lakes and the Mississippi River are at risk because of a connection that’s nothing natural. Fifteen miles of water and an experimental electric barrier are all that’s standing between the Great Lakes and Asian carp. We’ve got to get serious about a real solution.”
Herb Gray, Canadian Section chair of the International Joint Commission (IJC) said, "We must find a way to stop Asian Carp and other species before they use the Chicago Sanitary Canal to invade the entire Great Lakes system that is shared by Canada and the United States." A release from IJC indicates, "The IJC strongly supports the maintenance of the electric fish dispersal barrier and construction of a second electrical barrier in the Chicago Sanitary and Ship Canal, but recognizes the limitations of these measures. While not endorsing any specific long-term strategy, the IJC is impressed with the creative effort to engage as many stakeholders as possible and to carefully examine a range of actions to stop the movement of invasive species between the two watersheds while taking the economic and social dimensions into account."
Access a release from GLFC and GLFT (click here). Access a release from the Alliance with links to related information (click here). Access a release from IJC (click here). Access an Executive Summary of the report (click here). Access the complete 112-page report (click here).
The report -- Preliminary Feasibility of Ecological Separation of the Mississippi River and the Great Lakes -- co-funded by the Fishery Trust and the Fishery Commission, is the first systematic look at commercial and recreational traffic on the waterway and at potential, long term solutions to prevent biological transfers. The study was funded pursuant to a recommendation from an Invasive Species Summit meeting convened in 2003 by Chicago Mayor Richard M. Daley that called for a project to examine long-term solutions to reduce the risk of invasive species in the waterway.
According to a release from GLFC and GLFT, the Chicago Waterway System, a series of canals built in the 1800s that famously “reversed the flow” of the Chicago River to improve sanitation, artificially connects the Great Lakes and Mississippi River basins. The waterway serves as a transportation corridor and provides access for recreational boaters. The connection, however, also is a conduit for invasive species, with zebra mussels and round gobies moving from the Great Lakes to the Mississippi basin and with Asian carp currently threatening to enter the Great Lakes from the Mississippi. With increasing global trade, the threat of invasive species is only expected to grow.
Rebecca Humphries, Chair of GLFT and Director of the Michigan Department of Natural Resources (MDNR) said, “Invasive species continue to pose one of the biggest threats to the future of the Great Lakes and the Chicago waterway is a direct link for species to enter Lake Michigan. This study helps establish a course to address this important link." GLFC Chair Michael Hansen, a professor at the University of Wisconsin -- Stevens Point said, “With the benefit of hindsight the Great Lakes and Mississippi systems should never have been connected in so direct a way. Our task now is to find permanent and effective solutions to the threat that this waterway poses. The commission calls upon the U.S. Army Corps of Engineers to consider the Alliance’s recommendations and launch a full-scale study, with the ultimate goal of achieving long term separation between the two basins.”
According to a release from the Alliance leading Great Lakes advocates are calling for Federal leadership and funding for “ecological separation” of the Great Lakes from the Mississippi River basin to protect both great watersheds from the perils of invasive species. Alliance VP for Policy Joel Brammeier, lead author of the report said, “The Great Lakes and the Mississippi River are at risk because of a connection that’s nothing natural. Fifteen miles of water and an experimental electric barrier are all that’s standing between the Great Lakes and Asian carp. We’ve got to get serious about a real solution.”
Herb Gray, Canadian Section chair of the International Joint Commission (IJC) said, "We must find a way to stop Asian Carp and other species before they use the Chicago Sanitary Canal to invade the entire Great Lakes system that is shared by Canada and the United States." A release from IJC indicates, "The IJC strongly supports the maintenance of the electric fish dispersal barrier and construction of a second electrical barrier in the Chicago Sanitary and Ship Canal, but recognizes the limitations of these measures. While not endorsing any specific long-term strategy, the IJC is impressed with the creative effort to engage as many stakeholders as possible and to carefully examine a range of actions to stop the movement of invasive species between the two watersheds while taking the economic and social dimensions into account."
Access a release from GLFC and GLFT (click here). Access a release from the Alliance with links to related information (click here). Access a release from IJC (click here). Access an Executive Summary of the report (click here). Access the complete 112-page report (click here).
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