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September 30, 2011

Wolverine Coal Plant Faces New Lawsuit

Friday, Sept. 30, 2011

Wolverine Coal Plant Faces New Lawsuit

Groups challenge Gov. Snyder and stop Wolverine from moving forward 

LANSING - The Sierra Club and Natural Resources Defense Council (NRDC) filed a lawsuit this week challenging Gov. Rick Snyder’s decision to reverse the permit denial last year of an expensive and unneeded, and dangerous coal fired power plant in Rogers City.

The lawsuit, filed in Ingham County, argues that the state's permit would allow excessive emissions of mercury, acid rain precursors, particulate matter (soot) and other pollutants, as well as would fail to comply with federal requirements to use the best available technology for pollution controls. Last year, the State of Michigan rejected the same permit, saying Wolverine Power Supply Cooperative failed to show need for another coal plant. Additionally, the permit was denied because it was not shown that any new demand for power could not be met through clean energy sources, including energy efficiency, solar and wind power.

”Wolverine’s proposed coal plant would emit toxic mercury pollution into the air that will end up in our streams, lakes and eventually our bodies,” said Jean Veselenak, a resident of Presque Isle County. “We can’t afford the risk of mercury poisoning, which would put citizens and children at risk. It’s time for Governor Snyder and Wolverine to move past polluting technologies of the past.”

Citizen groups involved in the lawsuit cited extensive flaws in the air pollution permit issued by Michigan Department of Environmental Quality (DEQ) in June 2011, and note that because the plant's power is unnecessary, the enormous amount of pollution it would emit is unjustified. These groups argue that overturning the state's newly issued permit would prevent over 6 million tons of greenhouse gas emissions each year from the proposed plant and protect the public health of Michigan residents.

 “Wolverine’s proposed coal plant is, as the Michigan Public Service Commission staff found, an unnecessary and costly mistake,” said Shannon Fisk, Senior Attorney at the Midwest Office of NRDC. “Wolverine should stop wasting its ratepayers’ money, cancel this multi-billion dollar pipe dream, and instead pursue cleaner energy sources that will create jobs and protect public health.”

Wolverine officials have continued to pursue the plant despite growing opposition from members of the retail electric cooperatives that comprise their customer base. Projections by state officials say that if built, a new coal plant would raise electric rates for cooperative members by 60 percent or more, an estimated $77 monthly increase for residential ratepayers. The same projections state that 26 percent of Wolverine's cooperative members currently live below the poverty level.

The lawsuit filed was on September 26th and assigned to Ingham County judge Rosemarie Aquilina.  The Great Lakes Environmental Law Center (GLELC) of Detroit and Environmental Law and Policy Center (ELPC) of Chicago are assisting the Sierra Club and NRDC in the litigation.

September 22, 2011

Environmental Groups Call for Public Comment on Dangers of Fracking

Environmental Groups Call for Public Comment on Dangers of Fracking

House Subcommittee has not allowed citizens to give input during hearings

Lansing, MI (22 September 2011) – While the Michigan House Natural Gas Subcommittee held a third public hearing today to discuss a dangerous natural-gas extraction process known as fracking, one thing was once again missing from the agenda: public comment. Although the subcommittee has conducted three hearings this month, no time has been dedicated on the agenda to allow the public to address concerns over fracking.

“Of the nearly six hours the subcommittee has met over the past three weeks, only minutes have been given to address the dangers of fracking,” said Cyndi Roper, Michigan Director for Clean Water Action. “At each of these meetings, the committee has met with natural gas industry lobbyists. When do the citizens of Michigan get the opportunity speak? This committee is short-changing the public by only listening to industry lobbyists instead of doing the kind of fact-finding that will result in strong protections for Michigan’s water, air and the places we live.”

At today’s hearing, over 15 citizens from around the state submitted request cards to the subcommittee chair, Representative Aric Nesbitt (R-Lawton), seeking to speak during public comment. However, none of them were allowed to speak. Today’s meeting is the last hearing currently scheduled by the subcommittee.

“It is very disappointing that citizens are not allowed to address their concerns about a dangerous process such as fracking at a public hearing with our elected officials,” said Jo Anne Beemon of the Friends of the Jordan River Watershed, who traveled from Charlevoix to Lansing to highlight the risks associated with the extraction process. “Michigan’s economy depends on our natural resources, including our Great Lakes and waters. We can’t afford the risks that fracking poses to these invaluable resources.”

After the subcommittee meeting, several environmental groups, including the Sierra Club, Clean Water Action, the West Michigan Environmental Action Council (WMEAC) and Friends of the Jordan River Watershed, held a press conference continuing to call for a fourth public hearing to address fracking concerns.

Their initial call for an additional hearing came last week after Representative Nesbitt repeatedly denied a specific agenda topic at subcommittee hearings, which would have focused on allowing testimony from citizens and groups concerned about the fracking process.

“The Natural Gas subcommittee and Representative Nesbitt should hold a fourth additional public hearing that specifically addresses the dangers that fracking poses to our state,” said Mike Berkowitz of the Sierra Club. “Protecting public health and Michigan’s waters should be a top priority for all of our elected officials. We need to make sure the citizens and their concerns are heard in a public forum.”

Fracking is common extraction process used by the natural gas industry. The process involves blasting a mixture of water and dangerous chemicals deep underground to free deposits of natural gas. However, natural gas companies refuse to publically disclose all of the specific fracking chemicals they use, even though they could be poisoning our water and polluting the air.  

“Michigan legislators should pass legislation immediately that requires companies to publicly disclose upfront the chemicals they are using in the fracking process,” said Nick Occhipinti of WMEAC. “Stronger water and air protections would help protect Michigan’s natural resources and reduce the risk fracking poses to the health and safety of our families.”

September 15, 2011

New Poll Reveals Michigan Residents Support Strong Lighting and Appliance Efficiency Standards

New Poll Reveals Michigan Residents Support
Strong Lighting and Appliance Efficiency Standards

Nearly 80% of Voters Back the Use and Expansion of Energy Efficiency Technologies

CHICAGO, IL (September 15, 2011) – New polling shows that even as the state legislature considers a bill promoting outmoded and inefficient lighting technology, Michigan residents solidly support energy efficiency technologies and would like the government to play a leading role in setting higher standards for appliances, light bulbs, and other household products. The opinion data comes from a new Public Policy Polling survey released today by public interest groups.

“Supporting energy efficiency standards means more jobs, lower electricity bills and more product choices for consumers,” said Natural Resources Defense Council energy advocate Becky Stanfield. “You simply cannot get any of those benefits by clutching the status quo in a century-old technology of an incandescent bulb. It’s just plain common sense – and that’s why the people of Michigan support the expansion of efficiency standards with all the benefits that come with them.”
Some of the poll’s notable findings include:
  • 77 percent of voters in Michigan support expanded use of energy efficiency technologies to help meet our energy needs and reduce energy costs.
  • 85 percent of Michigan voters say they have already installed energy efficient products in their own homes or businesses.
  • 62 percent of voters agree that switching to more efficient lighting is an effective way to reduce energy waste.
  • There’s a strong bipartisan consensus on the issue with 84 percent of Democrats, 76 percent of independents, and 69 percent of Republicans supporting energy efficiency standards.
  • Voters strongly support the federal government setting minimum energy efficiency standards for various household products with 62 percent in favor for appliances to only 27 percent opposed; and 64 percent in favor for light bulbs to only 27 percent against.
  • In addition to federal action, 58 percent of voters would like the state government to require electric utilities like Detroit Edison and Consumers Energy to help their customers become more energy efficient. 
The survey also found that elected officials who attempt to weaken or delay energy efficiency standards could pay a price at the polls. Forty-eight percent of voters said they would oppose such efforts by their members of Congress at the polls to only 25 percent who would react favorably to those efforts.

In the first year of utility efficiency programs in Michigan, the reduction in demand totaled 375,000 mwh, enough to power more than 37,000 homes. The projection for this year is that the programs will reduce demand by twice that amount or about 750,000 mwh.

“The numbers show that we take energy efficiency seriously in Michigan---as we should, since it has created jobs and saved ratepayers a ton of cash,” said Michigan Sierra Club Director Anne Woiwode. “It’s time for the state legislature to catch up because we’ve only gotten to the low-hanging fruit. Silliness like the ‘dumb light bulb bill’ - which has the potential to cost Michiganders over $357 million every year - threatens to undo a lot of the good work that has been done.”

“Consumer Reports recently tested a variety of energy efficient light bulbs newly available in stores. We found that these models use over 75% less energy, last nearly 10 times longer than traditional incandescent bulbs, and can save consumers hundreds of dollars over the life of the bulb,” said Ellen Bloom, Director of Federal Policy and the Washington, DC Office of Consumers Union. “Expanding energy standards means promoting energy efficiency, enhancing the lighting options available on the market, and helping American consumers save billions of dollars in electric bills.”

The survey had a sample size of 900 voters with a margin of error of plus or minus 3.3 percent. It was conducted via telephone from August 25 to 28 by Public Policy Polling.

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Consumers Union of United States, Inc., publisher of Consumer Reports®, is a nonprofit membership organization chartered in 1936 to provide consumers with information, education, and counsel about goods, services, health and personal finance. 
The Natural Resources Defense Council (NRDC) is an international nonprofit environmental organization with more than 1.3 million members and online activists. Since 1970, our lawyers, scientists, and other environmental specialists have worked to protect the world's natural resources, public health, and the environment. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Livingston, Montana, and Beijing. Visit us at www.nrdc.org 
Founded in 1892, the Sierra Club is the nation’s oldest and largest grassroots environmental organization. There are more than 1,400,000 members and supporters in 50 states, Puerto Rico and Canada. For 44 years the Michigan Chapter has represented Sierra Club members and supporters throughout the Great Lakes State.   

September 1, 2011

Commission on Agriculture & Rural Development Seeks Public Input on Agricultural Management Practices

(Press release from Michigan Department of Agriculture & Rural Development)

Commission on Agriculture & Rural Development
Seeks Public Input on Agricultural Management Practices

Deadline to provide comment: September 28, 2011

LANSING, Mich. - The Michigan Commission of Agriculture and Rural Development and the Michigan Department of Agriculture & Rural Development (MDARD) today announced a Public Input Meeting and review period has been scheduled for September 28, 2011 in order to gather comments on the 2012 drafts of the state’s Generally Accepted Agricultural and Management Practices (GAAMPs). 
Public comment will be taken on the following GAAMPs: Manure Management and Utilization, Cranberry Production, Site Selection and Odor Control for New and Expanding Livestock Production Facilities, Farm Market, and Irrigation Water Use.  The GAAMPs regarding Nutrient Utilization, Care of Farm Animals and Pesticide Utilization and Pest Control have no proposed changes for 2012.
The GAAMPs Public Input Meeting will be held at 9:00 a.m. on Wednesday,
September 28, 2011, in the Lake Superior Conference Room at the State of Michigan Library & History Center located at 702 West Kalamazoo Street, Lansing, MI.
Written comments may be submitted to MDARD’s Environmental Stewardship Division,
P.O. Box 30017, Lansing, MI 48909 and postmarked no later than September 28, 2011, or sent via e-mail to casteelh@michigan.gov by 5 p.m. on September 28.  MDARD will forward all comments received by the due date to the respective GAAMPs Task Force chairpersons for consideration prior to final review and adoption.
The Michigan Right to Farm Act provides nuisance protection for farms and farm operations.  In order to have this protection, the farm or farm operation must conform to GAAMPs, which are set by the Michigan Commission of Agriculture and Rural Development.  These GAAMPs are reviewed annually by scientific committees of various experts, and revised and updated as necessary.  Public comment is accepted and considered before final versions of the GAAMPs are approved. 
For a copy of any of these GAAMPs including the proposed revisions, please visit www.michigan.gov/gaamps, or contact the MDARD’s Environmental Stewardship Division at
(517) 373-9797, or toll free at (877) 632-1783.

August 22, 2011

Michigan Environmental Groups Caution Touting Only Economic Impact of Natural Gas Drilling

August 22, 2011

Michigan Environmental Groups Caution Touting
Only Economic Impact of Natural Gas Drilling

LANSING – Michigan citizens groups cautioned focusing solely on the economics of natural gas use following the release today of an analysis touting potential economic impact of additional electricity from natural gas in Michigan.
The report, entitled "The Economic Impact of Replacing Coal with Natural Gas for Electricity Production," was undertaken by Professor Bill Knudson, a marketing economist with the Product Center for Agriculture and Natural Resources at Michigan State University. The report did not focus on environmental impacts concerning hydraulic fracturing, or "fracking," which is a natural gas extraction process that uses dangerous chemicals for exploration. Indeed, thousands of contamination incidents from natural gas operations using fracking have been reported nationwide, highlighting the negative consequences the extraction method has on the environment.

"The potential economic benefits of natural gas use could easily be overshadowed and dashed entirely by the negative effects the dangerous fracking process could have on Michigan’s waters," said Cyndi Roper, Michigan Director for Clean Water Action. "We must ensure that we protect our Great Lakes and other water resources. Our waters provide a steady stream of revenue from tourism and support hundreds of thousands of jobs for Michiganders."
Clean Water Action, Sierra Club and other groups are calling for a delay in new fracking operations in Michigan until strong regulations are in place, including implementing public accountability measures and requiring companies to fully disclose all chemicals they plan to use in the process.

"By refusing to disclose the unknown chemicals they inject into our environment, the natural gas industry is recklessly threatening our state’s air, water and public health," said Rita Chapman of the Sierra Club. "The public has a right to know what is in our water and we must hold the industry accountable by establishing safeguards for fracking and preventing further contamination."

Chapman also pointed out that the MSU study failed to factor in any analysis that included clean energy sources such as wind and solar or energy efficiency as a replacement for energy produced now by coal.

Earlier this month, the U.S. Environmental Protection Agency announced proposed rules covering air pollution caused by fracking, including significant reductions of emissions of methane, a potent greenhouse gas that contributes to climate change, and air toxins known or suspected of causing cancer and other serious health effects. Michigan’s natural resources are vulnerable to gas drilling activities, and implementing these safeguards will alter the economics of natural gas as an alternative to coal.

"Natural gas drilling is yet another dangerous fossil fuel distraction," said Roper. "Michigan is already creating jobs in the clean energy sector through wind, solar and energy efficiency. Michigan lawmakers should stop clinging to our dirty fuel past and embrace the future or, once again, we’ll be left behind."

August 11, 2011

U.S. Report Today Triggers Call For Michigan Action Recommendations on Controversial Natural Gas Fracking

Thursday, August 11, 2011

MORE INFO:  Cyndi Roper, 517-490-1394
                         Mike Berkowitz, 248-345-9808

U.S. Report Today Triggers Call For Michigan Action
Recommendations on Controversial Natural Gas Fracking

LANSING, MI--Citizens groups today called on Michigan lawmakers and federal officials to take action on proposals to protect Michigan’s waters following the release today of recommendations from the federal government to reduce public health and environmental impacts of natural gas drilling using fracking.

“It’s great that the federal government is identifying problems with fracking and offering some solutions,” said Mike Berkowitz of Michigan Sierra Club. “But Great Lakes state lawmakers must step up and not leave it just to Washington to protect our waters. We must establish oversight of the natural gas industry here in Michigan.”

A federal Department of Energy advisory panel report released today includes a series of recommendations to develop ‘strong’ regulations on gas drilling. Those regulations include extensive air pollution controls, full tracking of drilling wastewater, disclosure of all air and water pollution as well as chemicals used, and rules that take into account the cumulative impact of the drilling of thousands of wells in certain regions or watersheds. The report release by DOE follows recent disclosure of a federal Environmental Protection Agency report documenting groundwater contamination during the 1980s linked to fracking.  The gas industry has insisted fracking poses nothreat to groundwater, an assertion now challenged by the EPA disclosures.

“While the Obama Administration can take action right now on some of these proposals, the Michigan Legislature and Congress must act immediately as well,” said Cyndi Roper, Michigan Director of Clean Water Action. “The public cannot be adequately protected until Congress and theMichigan Legislature eliminate loopholes for the oil and gas industry in environmental laws.”

As part of the Obama Administration’s national energy plan, DOE established a Natural Gas Subcommittee under their Secretary of Energy Advisory Board (SEAB) to make recommendations concerning environmental and public health impacts of natural gas drilling in the U.S.

This report is the first of two expected to be issued by the Natural Gas Subcommittee; the second report will be issued 90 days from now. The full report and more information on SEAB is available at:
Clean Water Action, Sierra Club and other citizens groups have called for a delay in fracking in Michigan until the state has adopted protections for Michigan’s Great Lakes water system, including groundwater.  The groups have called for the state to take important measures before new natural gas drilling can resume, including the following:
  • Protect Michigan’s water supply by eliminating a special interest exemption from state water use laws so natural gas companies are treated the same as all other large water users in Michigan.  Standards for fracking must be adopted that ensure there are no adverse impacts on our water resources as a result of water withdrawals.
  • Protect water quality by requiring public disclosure of specific fracking chemicals used by natural gas companies when they apply for a permit to extract.  The public’s right to know what is in our water outweighs any corporate claims of confidentiality involving the use of chemicals.  The Michigan Legislature must regulate fracking operations to ensure they are safe, including proper disposal of chemical waste and other byproducts of fracking.
  • Require public participation in the permitting process so all of the facts are known before a permit is issued and all stakeholders—including citizens who own wells, fish streams and use drinking water—have the right to be heard.

July 26, 2011

Year After Oil Spill, Green Groups Urge Upton, Walberg to Put Residents First, End Attacks on EPA

Year After Oil Spill, Green Groups Urge Upton, Walberg
to Put Residents First, End Attacks on EPA

EPA is critical to protecting air, water and must be allowed to do its job

GALESBURG 26 July 2011 – Michigan’s top environmental groups today recognized the one-year mark of the massive oil spill in the Kalamazoo River by calling on Congressmen Fred Upton (R-St. Joseph) and Tim Walberg (R-Tipton) to do everything in their power to prevent future spills and support the Environmental Protection Agency in its mission to protect and clean up our water, air and land. Representatives of Clean Water Action, the Sierra Club and the National Wildlife Federation held a media event today at River Oaks County Park alongside a closed section of the Kalamazoo River that is still undergoing clean-up efforts.

"The fact of the matter is that Congressmen Upton and Walberg should know better than anyone in Congress that the EPA is critical to protecting the water we drink and the air that we breathe," said Cyndi Roper, Michigan director of Clean Water Action. "Instead, they are working to weaken the EPA at the expense of the public health. The oil spill last year left people ill, destroyed property values and damaged our natural resources in ways that will be felt for years to come. It is a devastating reminder that the EPA plays a critical role in protecting our land, air and water."

The oil spill spewed nearly 850,000 gallons of crude oil into the Kalamazoo Watershed. Clean up is still going on, with the river remaining closed to the public. The pipeline owned by Enbridge Inc. was transporting raw tar sands oil when it ruptured a year ago. Tar sands oil is also known as diluted bitumen, which is a highly corrosive, toxic and unstable blend of crude from Alberta, Canada. In a press call last held last week, the EPA revealed that heavy metals have been found in the Kalamazoo River, and that clean-up may take much longer than first anticipated.

Upton and Walberg voted on July 13 for H.R. 2018, legislation that threatens the water quality in our lakes and rivers and the safety of our drinking water sources. The legislation would roll back key enforcement provisions of the Clean Water Act, provisions that allow the EPA to act to protect our waters and our public health. H.R. 2018 passed the House of Representatives by a vote of 239 to 184. In addition to voting for the bill, Upton and Walberg voted against an amendment that would have ensured continued protection of municipal drinking water sources. In short, the bill would threaten the progress the nation has made since the 1972 Clean Water Act gave the federal government the primary role in cleaning up the nation’s waters.

"It’s difficult to imagine how the oil spill would have been managed without the EPA overseeing the cleanup," said Rita Chapman, the clean water program director for the Sierra Club Michigan Chapter. "As incomplete as the cleanup still is today, it would have been far worse without the EPA. People want our lakes and rivers to be safe for swimming, fishing and boating, and certainly we all expect to have clean sources of drinking water. It’s outrageous that Representatives Walberg and Upton would limit clean water protections, especially with the effects of last year’s oil spill still being felt so acutely by the very people they represent in Congress."

Upton, who chairs the House Energy and Commerce Committee, also is working to accelerate the construction of another tar sands pipeline that will run from Alberta, Canada, to the Gulf Coast – a span of more than 2,000 miles. TransCanada, a Canadian pipeline company, has proposed a pipeline called Keystone XL, which would carry up to 900,000 barrels per day of tar sands oil right through the Ogallala Aquifer and six American heartland states, including Montana, South Dakota, Nebraska, Kansas, Oklahoma, and Texas.

"Before any pipeline project gains approval, like the Keystone XL, we need to fully understand what happened with the Enbridge tar sands pipeline and the dozens of other pipeline spills that have happened in the last year," said Beth Wallace, Community Outreach Regional Coordinator for the National Wildlife Federation’s Great Lakes Regional Center. "Congress needs to focus on increased pipeline safety to ensure that our communities, natural resources and wildlife will never face another oil spill disaster like the one in the Kalamazoo River. We call on Congressman Upton and Congressman Walberg to put the health and safety of Michigan residents first, rather than Big Oil special interests."