Ocean (Great Lakes) Policy Meeting In Cleveland

Oct 23: Obama Administration officials will hold their sixth regional Ocean Policy Task Force Public Meeting in Cleveland, Ohio, on Thursday, October 29, 4:00-7:00 PM. The meeting will be held at the Marriott Cleveland Downtown at Key Center, Ballroom (Salon D and E), 127 Public Square, Cleveland, OH 44114.

The Interagency Ocean Policy Task Force, led by White House Council on Environmental Quality Chair Nancy Sutley, consists of senior-level officials from Administration agencies, departments, and offices including: Dr. Jane Lubchenco, Administrator, National Oceanic and Atmospheric Administration (NOAA); Cameron Davis, Senior Advisor to the U.S. EPA Administrator; Rear Admiral Sally Brice O’Hara, Deputy Commandant for Operations, U.S. Coast Guard; and Captain Byron Black, Senior Maritime Safety and Security Advisor to the Secretary, Department of Transportation.

The Task Force is charged with developing a recommendation for a national policy that ensures protection, maintenance, and restoration of the oceans, our coasts and the Great Lakes [See WIMS 6/15/09]. It will also recommend a framework for improved stewardship, and effective coastal and marine spatial planning. The public is encouraged to attend and an opportunity for public comment will be provided.

Members of the public can access the meeting in three ways: by attending in person at the Cleveland meeting; by calling into the listen only phone line (800-369-2133; participant code: 8314284); or via live webstream at the website Great Lakes Live (link below). Public comment can also be submitted online at the link below.

Access the White House Ocean Policy website for complete background and to submit comments (click here). Access the Great Lakes Live website (click here).

Rep. Stupak's Great Lakes Compact Resolution

Jun 23: U.S. Congressman Bart Stupak (D-Menominee) introduced a resolution, H. Res. 551, in the U.S. House of Representatives which he says is designed to clarify that in ratifying the Great Lakes-St. Lawrence River Basin Compact last fall, Congress expressly prohibited Great Lakes water from being sold, diverted or exported outside of the Great Lakes basin. When the Great Lakes Compact was considered in the U.S. House in September 2008, Stupak raised concerns that the wording of the compact was not strong enough to protect against water diversions through privatization, commercialization and exportation. Because his concerns were not addressed, Stupak opposed ratification of the compact [See WIMS 11/19/08].

Representative Stupak said, "I continue to have concerns that the Great Lakes Compact is not strong enough to protect the Great Lakes against diversions through privatization, commercialization and exportation. There is no question that Congress intended for the compact to protect Great Lakes water but the wording of the compact leaves some question. That is why I have introduced this resolution to put Congress on record in opposition to the exploitation of Great Lakes waters. While the potential removal of millions of gallons of Great Lakes water in the form of bottled water is alarming, of much greater concern is a potential trade dispute between the United States and any multi-national corporation or foreign government interested in diverting our water. The Great Lakes make up the largest body of freshwater in the world. We owe it to the people of Michigan and the entire Great Lakes Basin to ensure that Great Lakes Compact preserves and protects the quality and quantity of Great Lakes water.”

In a release, Stupak said the intent of the Great Lakes Compact, when Michigan and the seven other Great Lakes states began crafting the agreement more than seven years ago, was to protect Great Lakes water from large-scale diversions. He said he has continually raised concerns over the compact’s so-called "bottled water loophole." He said he is troubled by the prospect of passing legislation that would treat Great Lakes water as a "product" that could then be subject to international trade laws [See WIMS 9/26/08 & 9/23/08]. Stupak represents Michigan’s First Congressional District, which has more shoreline -- 1,613 miles -- than any other congressional district in the continental United States and is the only congressional district in the nation to border three of the five Great Lakes -- Superior, Michigan and Huron.

Access a release from Rep. Stupak (click here). Access legislative details for H.R. 551 (click here).

Groups Urge Congressional Support For Great Lakes Funding

May 14: Local, state, industry and conservation leaders called for the U.S. Congress to act to fund a new Great Lakes restoration and economic recovery initiative, unveiled last week with President Obama's budget [See WIMS 5/11/09]. Groups issuing a joint release included: Healing Our Waters-Great Lakes Coalition; Great Lakes Commission; Council of Great Lakes Industries; and the Great Lakes and St. Lawrence Cities Initiative.

In announcing his budget last week, President Obama released details of a $475 million Great Lakes Restoration Initiative to address some of the most urgent threats to the Great Lakes, including: $146 million to clean up toxic substances and Areas of Concern; $60 million to prevent or remove aquatic invasive species; $97 million to improve near-shore health and pollution prevention; $105 million for habitat and wildlife protection and restoration; and $65 million to evaluate and monitor progress.

Healing Our Waters-Great Lakes Coalition co-chairman Andy Buchsbaum said, "This is a precedent-setting restoration initiative from the president that will give the Great Lakes the medicine they need. Now, we need Congress to fund it." Great Lakes Commission Board Member Sean Logan, director of the Ohio Department of Natural Resources said, "This new federal support will match the substantial funding that state and local governments are already investing in the Great Lakes. Protecting and restoring the Great Lakes requires a strong partnership with the federal government. Ohio and our fellow Great Lakes states urge Congress to provide the requested funding."

The Great Lakes Restoration Initiative invests in priorities that track closely with a comprehensive clean-up strategy that has won the endorsement of the eight-state region's mayors, governors, businesses, industry and environmental leaders -- in part because of the growing awareness of the economic benefit of restoring the Lakes. The groups said Great Lakes Senators and Representatives can play an important role in helping fund the initiative in the annual Congressional appropriations process.

Access a release including statements from other supporters (click here).

More Details For $475 Million FY10 Great Lakes Restoration

May 11: Detailed EPA FY10 Budget documents have provided more information on the plans for the FY 2010 $475 million in the proposed Administration budget. As the lead agency for the Great Lakes Restoration Initiative, U.S. EPA has worked closely with the members of the Interagency Task Force to develop a provisional funding plan for 2010. Some details of the plan may change as EPA works with Federal partners to further refine 2010 activities; the summary below represents the latest plans as of the time this document went to press. Upon receiving the FY2010 appropriation for the Initiative, EPA will determine final funding targets and will develop a final 2010 funding plan, including grant programs, to present to the EPA Administrator. The Administrator, in consultation with the members of the Interagency Task Force, will select the programs and projects for funding and EPA will transfer the funds.

Some major activities proposed include: EPA will issue grants to states and other stakeholders to fund projects in the AOCs to restore beneficial uses. Through the Legacy Act, four to six sediment remediation projects will commence. EPA will award grants to states, tribes, and local governments to collect up to 10 million pounds of e-waste, 10 million pills of unwanted medicines, and 1 million pounds of hazardous waste, including mercury, PCBs, and unused pesticides. EPA will award grants and support contracts to define the extent of mercury and/or PCB contamination in 400 impaired Great Lakes subwatersheds and identify potential sources of mercury and/or PCB pollution in 400 impaired Great Lakes subwatersheds. EPA in cooperation with various federal agencies will establish an early warning system to detect new toxic threats to the Great Lakes utilizing enhanced monitoring programs for Great Lakes fish, birds, mussels, and human biomonitoring, as well as sediments, tributary source loads, and air deposition studies.

Principal actions proposed to prevent new introductions of non-native invasive species in the Great Lakes basin and stop the further spread of invasives in the Great Lakes basin include development of up to six ballast water sampling and treatment systems for use in fresh water ecosystems by supporting the use of laboratory, land-based, and ship-board testing and coordination with the maritime industry. Agencies will develop and begin implementation of coordinated monitoring surveys to detect new invaders in Great Lakes locations that have a high probability of invasion. Additional work will include enhanced education and outreach to prevent the introduction and spread of invasive species. Other projects are detailed including: Nearshore Health and Nonpoint Source Pollution; Habitat and Wildlife Protection; Accountability, Monitoring, Evaluation, Communication, and Partnerships.

Access the detailed plans and budget allocation tables in EPA's FY10 Congressional Justification document on Environmental Programs and Plans (click here, beginning p. 113 of 319). Access links to other CJ documents (click here).

Groups Applaud FY10 Budget Of $475 Million For Great Lakes

May 7: A number of organization applauded President Obama's $475 million for Great Lakes restoration funding, included within U.S. EPA's FY 2010 proposed budget [See WIMS 5/7/09]. The budget details indicate that the funding, "Accelerates the Restoration of the Great Lakes. The 2010 Budget includes a new $475 million inter-agency initiative to address regional issues that affect the Great Lakes, such as invasive species, non-point source pollution, and contaminated sediment. This initiative will use outcome-oriented performance goals and measures to target the most significant problems and track progress in addressing them. EPA and its Federal partners will coordinate State, tribal, local, and industry actions to protect, maintain, and restore the chemical, biological, and physical integrity of the Great Lakes."

Access the Great Lakes budget details (click here, page 2). Access a release from Healing Our Waters-Great Lakes Coalition (click here). Access a release from the Great Lakes Commission (click here). Access a release from Alliance for the Great Lakes (click here).

$1 Million In FY09 Budget For Invasive Species Program

Mar 12: According to a release from the Northeast-Midwest Institute (NEMW), the FY 09 Omnibus Appropriations bill (H.R. 1105), approved by Congress and signed by the President, includes nearly $1 million in new funds toward preventing the introduction of aquatic invasive species in the Great Lakes. The funds go to the Great Ships Initiative (GSI), a collaborative effort to hasten shipping free of invasive species on the Great Lakes.

Managed and implemented cooperatively by the Northeast-Midwest Institute and the University of Wisconsin Superior, GSI generates much needed independent evaluations of proposed ballast treatments performance and toxicity in fresh water. As regulatory authorities gear up to require ballast treatment prior to discharge into natural waters, the research outcomes are of keen interest regionally, domestically and internationally. As a result of this broad interest, the GSI works collaboratively with state and Federal agencies in the United States to generate important information for regulatory decision-making, and with international maritime groups to evaluate treatment effectiveness.

Meanwhile, NEMW reports that the International Maritime Organization (IMO) set deadlines for treatment systems to be operated by ships to a numeric performance standard, but there has been little or no testing in fresh water. Proposed treatment systems include ozone, ultra violet irradiation, chemical additives, deoxygenation, and filtration, usually in some combination. The new funds will help the Great Ships Initiative evaluate promising treatments during the 2009 testing season.

Access a release from NEMW (click here). Access legislative details on H.R. 1105 (click here).

Cities Initiative Applauds Obama Great Lakes Funding

Mar 4: The Great Lakes and St. Lawrence Cities Initiative (GLCI) applauded the recent steps by President Obama and Congress to invest in the Great Lakes, the economic and natural resource foundation for a large part of the United States and Canada. They said these include the American Recovery and Reinvestment Act (ARRA) [See WIMS 2/17/09] passed by Congress and the President’s 2010 budget provisions, which include $475 million for the Great Lakes and large increases for water infrastructure [See WIMS 2/26/09].

Mayor Richard Daley, Mayor of Chicago and Founding U.S. Chair of the Cities Initiative, "We have been working hard to get Washington to understand how vital the Great Lakes are to the quality of life and economic well being of tens of millions of people. These investments will not only go a long way towards protecting and restoring this important natural resource, but will also put people back to work and spur economic development." GLCI said that the ARRA would provide $6 billion in water and wastewater infrastructure money, over 30% of which is likely to come to the Great Lakes region. This funding begins the process of reducing the $70 billion plus wastewater infrastructure deficit estimated by U.S. EPA.

The President’s Budget for FY 2010 includes $475 million for the Great Lakes specifically, and increases the funding for water infrastructure nationally to $3.9 billion. The funding for the Great Lakes would be by far the largest amount ever dedicated to the global freshwater resource. The Great Lakes funding is designed to help implement the 2005 Great Lakes Regional Collaboration Strategy. Included would be work on invasive species, non-point source pollution, and contaminated sediments. The Cities Initiative plans to work with federal, state, and tribal representatives to steer the funding to those areas most needing attention and where it can do the most good for the resource.

In a related matter, GLCI has announce that registration is now open for the Great Lakes and St. Lawrence Cities Initiative, 2009 Annual Member Meeting & Conference to be held at Trois Rivières, Québec, June 17-19, 2009.

Access a release from GLCI (click here). Access complete program and registration information for the GLCI conference (click here). Access the GLCI website for more information (click here).

Commission To Take Great Lakes Priorities To DC

Feb 18: Next week, at its annual Great Lakes Days in Washington, DC, the Great Lakes Commission (GLC) will present recommendations to Congress to support job creation and stimulate economic development on a long-term basis by investing in Great Lakes protection and restoration. In its list of legislative priorities for fiscal year 2010, the Commission is urging Congress and the Administration to work together to create a sustainable funding mechanism for the Great Lakes and to increase support for several existing programs. Illinois Governor Pat Quinn, GLC chair said, “An investment this year in Great Lakes restoration will improve our precious environment and yield solid economic returns for the region and the nation."

According to a release from GLC, the health of the lakes is vital to more than 35 million citizens who depend on them for drinking water; a recreational boating industry that generates spending of $16 billion annually and supports over 100,000 jobs in the Great Lakes states; a commercial and sport fishery valued at more than $4 billion; and a maritime transportation system that supports trade and manufacturing for the heartland of North America. They said, a significant Federal investment is needed to match the estimated $15 billion annually that is invested by local governments.

In its priorities for fiscal year 2010, the Great Lakes Commission calls on Congress to: provide sustainable, ongoing funding for Great Lakes restoration through a block grant, trust fund or similar mechanism as recommended by the President during the campaign; create jobs and protect water quality by providing the Great Lakes states with nearly $500 million through the Clean Water State Revolving Fund; clean up toxic sediments by fully funding the Great Lakes Legacy Act with $54 million in 2010 and an increased annual authorization of $150 million; close the door on aquatic invasive species through strong ballast water treatment requirements, better regulation of organisms in trade, and continued funding for such existing programs as the sea lamprey control program; and restore valuable fish and wildlife habitat with full funding of $16 million for the Great Lakes Fish and Wildlife Restoration Act.

The five priorities are consistent with those of the Council of Great Lakes Governors and shared by an alliance that includes the mayors of the Great Lakes and St. Lawrence Cities Initiative, the Healing Our Waters® - Great Lakes Coalition, Great Lakes Fishery Commission, Chippewa Ottawa Resource Authority, Council of Great Lakes Industries, and GLC.

Access a release from GLC and link to complete details on the GLC priorities (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).

Legacy Act Passes; White House Cuts Funding

Sep 29: The Great Lakes Commission (GLC) issued a release applauding Congressional leaders for securing reauthorizing of the Great Lakes Legacy Act (H.R 6460). The House of Representatives re-approved an amended version of H.R. 6460 on September 28, which extends the Legacy Act for two years at level funding of $54 million per year. The bill now goes to President Bush for signing.

According to a release from Michigan Lt. Governor and Great Lakes Commission (GLC) Chairman John Cherry, "While this is a positive step forward, the Great Lakes Commission is disappointed that despite the best efforts of our region’s Congressional leaders, no additional funding was provided. HR 6460 first passed the House of Representatives on September 18 at $150M. At the 11th hour, the Bush Administration weighed in with a letter to House and Senate leaders in opposition to the bill, because of the proposed funding increase. To gain approval in the Senate, the bill was amended and the funding kept level with legislation approved in 2002."

House Transportation & Infrastructure Committee Chair, Representative James Oberstar (D-MN) explained further in a Floor statement saying, "Regrettably, when this measure got over to the Senate, as so often happens in the other body, one person can shut down the Senate and can shut down the country. In this case one objection held up Senate action on the bill until funding for the program was cut. I'm just so disappointed and so anguished over the failure of the Senate to provide the funding. They didn't change anything else in the bill, just implementing it, just funding it. That is cutting out the heart. . . We will come back next year. There will be a different spirit in the White House, a different spirit in the Congress. We will fix that."

Access a release from the GLC (click here). Access legislative details for H.R 6460 including links to Floor statements (click here).

Council Of Canadians Calls For Compact Correction

Sep 24: Canada's largest citizens’ organization, the Council of Canadians, issued a release, "demanding that the Canadian government intervene to secure an amendment to the Great Lakes Compact which has now received approval of both the U.S. House and Senate [See WIMS 9/23/08]. The organization is calling for an elimination of the loophole that would grant bottled water corporations unlimited access to Great Lakes water in 20 litre [actually 5.7 gallons] containers. Maude Barlow, national chairperson of the Council of Canadians said, “Although we welcome the Compact’s ban on diversions through pipelines and other means, the bottled water exception is a gaping hole that would undermine the agreement’s ability to truly protect the Great Lakes. In remaining silent on this issue, the Harper government has abdicated its responsibility to protect the Great Lakes and the Canadian public interest.”

The Council said while the Compact sets out to prevent diversions from the Great Lakes, the definition of diversions does not apply to water as a “product” and they are concerned about the trade implications of this definition. Meera Karunananthan, national water campaigner for the Council of Canadians said, “Once their access to Great Lakes water is entrenched in the Compact, it will be difficult to regulate corporations taking water out of the Great Lakes in containers because they will be further protected in international trade agreements such as the North American Free Trade Agreement.”

Access a release from the Council (click here).

House Approves Great Lakes Compact

Sep 23: On a "Motion to Suspend the Rules and Pass," requiring a 2/3 majority, the U.S. House approved the Great Lakes Compact (S.J. Res. 45), by a vote of 390 - 25. Environmental and conservation groups praised the approval and commended U.S. Representatives John Conyers (D-MI), Vern Ehlers (R-MI), Rahm Emanuel (D-IL), Steve LaTourette (R-OH) and Jim Oberstar (D-MN); and Senators Russ Feingold (D-WI), Herb Kohl (D-WI), Carl Levin (D-MI), Arlen Specter (R-PA) and George Voinovich (R-OH), where the measure was approved by voice vote in August [See WIMS 8/4/08]. The President has indicated he will sign the approval.

Despite the overwhelming approval, it did not come without controversy and concern. Two Great Lakes Representatives -- Bart Stupak (D-MI) and Dennis Kucinich (D-OH) both raised concerns regarding loopholes in the Compact [See WIMS 9/8/08]. Of major concern were the exemption of water in a container smaller than 5.7 gallons ("the bottled water loophole"); creating a Federal definition of Great Lakes water as a "product" subject it to international trade law obligations (e.g. NAFTA, GATT, etc.) and related "public trust doctrine" issues.

On Monday, September 22, Representative Stupak urged all 435 members not to approved the Compact until some answers were received from his previous inquiries in July to the U.S. Department of State, U.S. Trade Representative and the IJC (See link below). Kucinich had argued that Congress could close the loopholes without sending the Compact back to the State to be ratified again by passing his bill H.R. 6814 and adding specific language in the Committee Report for the Compact which strengthens the public trust doctrine provisions in the Water Resources Development Act of 1986 in ways that Compact Report language could not.

Various groups indicating their support included: Great Lakes United; National Wildlife Federation; Alliance for the Great Lakes; Healing Our Waters-Great Lakes Coalition; Council of Great Lakes Governors; Michigan Environmental Council; Michigan League of Conservation Voters; Tip of the Mitt Watershed Council; and Sierra Club.

Access the roll call vote (click here). Access legislative details for S.J.Res.45 (click here). Access a release from Representative Stupak (click here). Access the Committee on Judiciary. H. Rept. 110-863 (click here). Access legislative details for H.R. 6577 (click here).

House Passes Great Lakes Legacy Reauthorization Act

Sep 18: Representative Vernon Ehlers (R-MI) praised the House passage of the Great Lakes Legacy Reauthorization Act (H.R. 6460), which he sponsored. The bill was approved by a vote of 371 to 20 which exceeded the two-thirds required under the suspended rules. Representative Ehlers indicated in a release that the Great Lakes Legacy Act is considered one the most effective Federal water cleanup projects ever. Ehlers introduced the bill along with Committee on Transportation and Infrastructure Chairman James Oberstar (D-MN) in July.

Ehlers said, “I am pleased that the House acted so quickly on this important bill. The Great Lakes are our region’s most valuable natural asset, and toxic sediment that is feeding into the lakes could cause irreparable harm. This bill creates a roadmap for funding that will ensure the polluted areas of concern that have been identified around the Great Lakes are cleaned up within the next ten years. Our goal of cleaning up these toxic sites is within reach, and we owe it to future generations to act now on cleaning them up.”

The renewal bill authorizes Congress to direct up to $150 million per year for the next five years to U.S. EPA to continue the Legacy Act cleanup program. The authorization was increased from $50 million per year in the previous bill because of the potentially high cost of cleaning up contaminated sediment once it is spread through the lakes. The new funding authorization would put the program on track to clean up every Area of Concern (AOC) within ten years.

Jeff Skelding, national campaign director for the Healing Our Waters-Great Lakes Coalition said, "We applaud the U.S. House of Representatives -- especially Reps. James Oberstar and Vern Ehlers -- for passing this important and successful clean-up program. Cleaning up toxic pollution is essential to our public health, economy and way of life. We need the Senate to take quick action like they did with the Compact and reauthorize this critical program.”

Access a release from Representative Ehlers and link to previous releases (click here). Access legislative details for H.R 6460 (click here). Access a release from the HOW Coalition (click here).

Obama-Biden Propose $5 Billion For Great Lakes

Sep 16: The Obama-Biden campaign have issued a policy paper saying they are committed to Great Lakes restoration. According to the policy paper, the Obama-Biden vision for the future of the Great Lakes will: Provide New Federal Funding of $5 Billion to Jumpstart Great Lakes Restoration; Designate a Great Lakes Coordinator to Prioritize Coordination of Federal, State and Local Agencies; and Ratify and Fully Implement the Great Lakes Compact to Conserve Water and Protect Against Water Diversions. The paper indicates that, "In contrast, Senator John McCain has repeatedly failed to support critical legislation and even opposed measures to preserve the Great Lakes, including cleanup initiatives and projects to prevent sediment pollution. He also opposed funding to complete the Asian Carp Barrier Project to prevent invasive species from reaching the Great Lakes."

The paper says, Barack Obama has a plan to restore the Great Lakes ecosystem and to revive this engine of economic prosperity. His five-point plan for restoring the Great Lakes includes: $5 billion in new federal funds to jumpstart the restoration; an aggressive toxics plan; a Great Lakes Coordinator within U.S. EPA; Zero tolerance policy for invasive species; and, A "no water diversions compact policy that works for the Great Lakes." The $5 billion to establish the trust fund will be generated from rolling back tax breaks and loopholes for big oil and gas companies.

Access the Obama-Biden Great Lakes Policy Paper (click here).

Kucinich Joins Stupak In Call For Compact Review

Aug 20: On August 1, the U.S. Senate approved the Great Lakes – St. Lawrence River Water Basin Resources Compact (S.J.Res. 45) by unanimous consent [See WIMS 8/4/08]. The matter is now in the House of Representatives for consideration. On July 30, the House Committee on the Judiciary, Chaired by Representative John Conyers, Jr. (D-MI), considered a Markup of H.R. 6577, introduced by Representative James Oberstar (D-MN) which would provide approval of the Compact.

While the approval is on a fast-track, there are still concerns from some regarding the public trust doctrine issue and its relationship to international trade agreements such as NAFTA and GATT [See WIMS 7/23/08]. On July 30, U.S. Representative Bart Stupak (D-Menominee, MI) requested comment from two Federal agencies and the International Joint Commission (IJC) on the Great Lakes Compact. In letters sent to the U.S. Department of State, U.S. Trade Representative and the IJC, Stupak asked for response to concerns that have been raised regarding the commercialization of Great Lakes water and the possible applicability of international trade law if the compact were to be enacted [See WIMS 8/4/08]. On August 1, Representative Dennis Kucinich (D-OH) introduced H.R. 6814, which has now been referred to Representative Oberstar's, Transportation & Infrastructure Committee and the Subcommittee on Water Resources and Environment. The Kucinich bill attempts to address the public trust doctrine concern by adding language to the Water Resources Development Act.

On August 20, 2008, Representative Kucinich wrote to Representative Conyers and in a 4-page letter said, "I write with concern about the strength of the Great Lakes Compact. The protection of the Great Lakes from diversions and exports is a laudable and critical goal. However, the Compact contains major loopholes that could allow water to be transferred outside of the Basin and could result in the privatization of Great Lakes waters for commercial sale, thus undermining the intent of the agreement.

"Congress can close the loopholes without sending the Compact back to the State to be ratified again by taking two necessary and complementary actions. The first is to include language in the Committee Report for the Compact [described in detail in the letter] . . . The second is to adopt H.R. 6814, which strengthens the public trust doctrine provisions in the Water Resources Development Act of 1986 in ways that Compact Report language alone cannot. . ."

Access the letter from Representative Kucinich (click here). Access legislative details for H.R. 6814 (click here). Access legislative details for S.J.Res.45 (click here). Access legislative details for H.R. 6577 (click here). Access previous WIMS articles for background on the public trust concerns (click here).

Latest Great Lakes Congressional Review Newsletter

Sep 3: The Northeast-Midwest Institute (NEMWI) has posted its brief, 2-page Great Lakes Congressional Review. The latest issue includes articles on appropriations, the Great Lakes Compact, invasive species, the Great Lakes Legacy Act, the Harbor Maintenance Tax, and Water Quality.

Access the latest issue (click here).

Groups Want Senate Action On Ballast Water Controls

Aug 5: A number of major Great Lakes environmental and conservation organizations are calling on the U.S. Senate to quickly pass Federal legislation [The Coast Guard Authorization Act (H.R. 2830)] to address the serious and ongoing threat of invasive species. The groups indicate that the Great Lakes will remain vulnerable to aquatic invasive species if a weak EPA permit goes into effect. On April 24, by a vote of 395-7, the House of Representatives approved H.R. 2830 [See WIMS 4/28/08]; however, the Senate failed to act on the measure before leaving on its 5-week summer recess and will not return until September. Title V of the bill requires ships to begin installing ballast water treatment systems in 2009 to control the introduction of invasive species into U.S. ports and waterways. All ships would be required to have treatment systems installed by 2016.

EPA proposed its permit on June 17, following two court decisions finding that the agency has for more than 30 years illegally exempted ballast water discharges from its Clean Water Act discharge permit program [See WIMS 7/24/08]. Under the proposed permit ocean vessels entering U.S. waters would have to exchange their ballast or perform a saltwater flush of empty ballast tanks in the open ocean for the next five years. This practice is already in place for vessels entering the Great Lakes- St. Lawrence River. The permit is set to go in to effect September 30.

Jennifer Nalbone, campaign director of navigation and invasive species for Great Lakes United said, “The EPA permit delays any serious solution to this problem for the foreseeable future. The quickest way to improve protections is by passing ballast water legislation currently stalled in the U.S. Senate. That legislation will require technology installation onboard vessels as early as next year.”

In written comments, the groups assert that the EPA needs to revise the permit to meet water quality standards. The groups also assert that the agency does not have the authority to issue a general permit. They say "EPA has delegated to the states the ability to administer Clean Water Act discharge permit program." While the groups maintain that the quickest way to gain new protections is through Congressional action, they nevertheless are pursuing all opportunities to put in place strong, national protections and want the EPA to revise the weak permit because the federal agency has not delegated authority to every state and a strong permit can serve as a model for state programs.

The groups include: Alliance for the Great Lakes; Great Lakes United; Indiana Wildlife Federation; League of Ohio Sportsmen; Michigan United Conservation Clubs; Minnesota Conservation Federation; National Wildlife Federation; Ohio Environmental Council; Prairie Rivers Network; Save The River; Tip of the Mitt Watershed Council; and Wisconsin Wildlife Federation.

Access a lengthy release from the Great Lakes groups (click here). Access the groups' comments (click here). Access the EPA docket to review all comments and background information on the Commercial Vessels and Large Recreational Vessels (VGP) (click here). Access legislative details for H.R. 2830 (click here).

Senate Approves Compact; Stupak Wants Public Trust Answers

Aug 1: U.S. Senators Carl Levin (D-MI), and George Voinovich (R-OH), co-chairs of the Senate Great Lakes Task Force, praised the passage of the Great Lakes – St. Lawrence River Water Basin Resources Compact by unanimous consent in the Senate [See WIMS 7/30/08]. The joint resolution, S.J.Res. 45, now goes to the House of Representatives for consideration. Once passed by the House, the joint resolution goes to the President for his signature. President Bush has already signaled his support for the Compact resolution [See WIMS 7/29/08].

Senator Levin said, “We are temporary stewards of this unique national treasure, the largest fresh water system in the world. Senate passage of this Compact will help us protect the Great Lakes from water diversions and preserve this invaluable resource for future generations. Sensible conservation goals in water use will ensure that our children and great grandchildren benefit from the Great Lakes as we do.”

In 2000, Congress passed legislation directing the governors of the Great Lakes states -- Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin -- to negotiate a water management agreement. In 2005, the eight Great Lakes governors, in coordination with the Canadian Premiers of Ontario and Quebec, completed negotiations on the Great Lakes-St. Lawrence River Basin Water Resources Compact.

Each of the eight Great Lakes legislatures considered and approved the Compact, which is designed to protect the Great Lakes through better water management, conservation and public involvement. Congress must pass the joint resolution before the Great Lakes-St. Lawrence River Water Basin Water Resources Compact can achieve full force and effect as an interstate compact. The House of Representatives is expected to consider the joint resolution when it reconvenes in September.

While most major environmental, conservation and local government organizations are supporting the Compact, there are still concerns from some regarding the public trust doctrine issue and its relationship to international trade agreements such as NAFTA and GATT [See WIMS 7/23/08]. On July 30, U.S. Representative Bart Stupak (D-Menominee, MI) requested comment from two federal agencies and the International Joint Commission (IJC) on the Great Lakes Compact. In letters sent to the U.S. Department of State, U.S. Trade Representative and the IJC, Stupak asked for response to concerns that have been raised regarding the commercialization of Great Lakes water and the possible applicability of international trade law if the compact were to be enacted.

Stupak wrote, “As the largest body of freshwater in the world, it is imperative that legal protection at the state and federal level work to preserve and restore the quality and quantity of Great Lakes water. While I understand that a dispute of this nature has not occurred historically, I am seeking to clarify if international trade law and obligations will have any jurisdiction should we enact the compact into federal law. . . Ratifying the compact could allow Great Lakes water to no longer be held within the public trust and instead be defined as a product for commercial use. I want to thoroughly understand the lasting impact this compact could have on Great Lakes water for years to come. It took the governors more than three years to get this done, so it is not unreasonable for Congress to take the time necessary to make sure we are not opening the door for the commercialization Great Lakes water.”

Access a release from Senator Levin (click here). Access a release from Representative Stupak and link to the letters (click here). Access legislative details for S.J.Res.45 (click here). Access legislative details for H.R. 6577 (click here).

Congressional Hearings On Compact Approval

Jul 30: The Senate Committee on the Judiciary, Chaired by Senator Patrick Leahy (D-VT), held its hearing on S.J.Res.45, A Resolution Consenting To and Approving the Great Lakes-St. Lawrence River Basin Water Resources Compact” [See WIMS 7/29/08]. Senator Russ Feingold (D-WI) presided over the hearing. Witnesses included: Senator Carl Levin, (D-MI); Senator George Voinovich, (R-OH); Governor Jim Doyle (Wisconsin) – Chair, Council of Great Lakes Governors; Mayor George Heartwell (Grand Rapids, MI) – Vice Chairman, Great Lakes and St. Lawrence Cities Initiative; Kay Nelson – Director, Environmental Affairs, Northwest Indiana Forum; and Cameron Davis – President, Alliance for the Great Lakes and the Healing Our Waters-Great Lakes Coalition.

Earlier in the day the House Committee on the Judiciary, Chaired by Representative John Conyers, Jr. (D-MI), considered a Markup of H.R. 6577, introduced by Representative James Oberstar (D-MN) which would provide approval of the Compact.

Access the Senate hearing website for links to most testimony (click here). Access the House hearing website (click here). Access a link to a webcast of the House hearing (click here). Access legislative details for S.J.Res.45 (click here). Access legislative details for H.R. 6577 (click here).

President Urges Quick Action On Compact Approval

Jul 28: President Bush issued a statement on the recent approval of the Great Lakes-St. Lawrence River Basin Water Resources Compact by the Great Lakes states and urged Congress to act quickly to approve the Compact. The President said, "I congratulate the Governors and Legislatures of the eight States that border the Great Lakes on their conclusion of the Great Lakes-St. Lawrence River Basin Water Resources Compact. Made in the spirit of cooperative conservation, this Compact is the result of many years of close coordination and consensus-building that resulted in the Compact's approval by the eight Great Lakes States and two Canadian Provinces.

"The Great Lakes are a national treasure. They were vital to the exploration of this continent and have long supported commerce. Today, more than 33 million people live in the States and Provinces bordering the lakes, and the lakes provide an efficient means to transport food and other commodities destined for global markets. The Great Lakes provide a wide variety of recreational opportunities and serve as a source of drinking water for more than 30 million people.

"The Compact will ensure sustainable use and responsible management of waters from the Great Lakes Basin and preserve the Great Lakes for the benefit and enjoyment of present and future generations. I strongly urge Congress to provide rapid approval of the Great Lakes-St. Lawrence River Basin Water Resources Compact."

On July 30, the Senate Judiciary Committee, Chaired by Senator Patrick Leahy (D-VT), has scheduled a hearing at 1:00 PM to examine S.J.Res.45, expressing the consent and approval of Congress to an inter-state compact regarding water resources in the Great Lakes - St. Lawrence River Basin. In the House, Representative James Oberstar (D-MN) has introduced H.R.6577 which has been referred to the House Committee on the Judiciary, Chaired by Representative John Conyers, Jr. (D-MI). The House Committee has scheduled a Markup of: H.R. 6577 at a meeting to begin at 10:15 AM on July 30.

The Alliance for the Great Lakes issued a statement on the President's comment and upcoming hearing saying, “This shows that the Great Lakes aren’t just important to us who have them in our back yard. They’re important to officials all across the country -- they see the Great Lakes as a national treasure that their constituents care about. This is a historic moment for the Great Lakes. It’s one of only a handful of times the states have all come together over the past half century to create a binding blueprint for protecting the water as the lifeblood of the region.” Alliance President Cameron Davis, is scheduled to testify at the Senate hearing on behalf of the Healing Our Waters®-Great Lakes Coalition representing more than 100 environmental groups around the region.

Access the statement from the President (click here). Access the Senate hearing website (click here). Access the House hearing website (click here). Access the release from the Alliance (click here). Access legislative details for S.J.Res.45 (click here). Access legislative details for H.R. 6577 (click here).