Showing posts with label DEQ. Show all posts
Showing posts with label DEQ. Show all posts

Friday, July 22, 2016

Chapter 9: Our Beyond Natural Gas and Oil Committee Fights for Government Transparency



The State of Michigan owns hundreds of thousands of acres of oil, gas, metallic, and stone minerals. The state Constitution provides for the state to both “protect and conserve” these resources, as well as “develop” them. Until recently, this process of  “development” of mineral resources was obscure, hard to understand, and happened largely out of the public eye.

Rather than have a comprehensive minerals development plan, in which the state decided where minerals should be available for exploitation, and where they should not, the state relied on a nomination process. In this process, a mineral company would nominate a parcel, and ask the Michigan Department of Natural Resources (DNR) for permission to lease those minerals for development. Only then would the state do a review of the minerals to determine whether or not to lease them. In addition, applications for drilling wells for oil and gas development were not easy to understand or participate in.

While the public was technically allowed to review this process, it was obscure, hard to understand, and not well publicized by the DNR. For example, there was no publicly accessible map which showed where minerals had been nominated for development. Nor was there a map showing where drilling permits had been applied for.

The Michigan Chapter Beyond Natural Gas and Oil (BNGO) Committee took on the challenge of making the process more transparent and accessible to the public. This work took two parallel paths.

First, the BNGO Committee began to educate the public regarding this process and how to participate. With the support of staff members Marvin Roberson and Rita Chapman, the committee put together two Public Participation Guides to both the DNR minerals development, and for Michigan Department of Environmental Quality (DEQ) drilling permits. These guides gave a clear, concise explanation of how the process works and how the public can be involved. In addition, the committee held a number of well-attended workshops around the state, featuring Chris Grobbel, an environmental consultant. These workshops expanded on the guides, and walked participants through the process and critical issues.  As a result, participants were able to work in their local communities to reduce the impact of drilling on their local environment.

The committee also worked with the DNR to make the process more accessible to the public. This work resulted in mineral development nomination maps, which showed where minerals were proposed for development, as well as comment deadlines, databases searchable by counties, etc. In addition, the Committee helped the DNR devise better, more comprehensive public notification and comment processes.

As a result of these efforts over many years, minerals development in the state of Michigan is much more publicly transparent and accessible. This led directly to significant increases in public participation in these processes, by Sierra Club members and others, and the withdrawal of a number of controversial development proposals. 


Besides its work on opening up the DNR's process for mineral development, the BNGO Committee has worked to raise the awareness of  "dirty fuel" issues in Michigan. Committee member Craig Brainard created an educational program outlining the dangers and issues surrounding fracking, which he presented many times to diverse groups around the state over two-and-a-half years. From 2013-2016, Craig also produced a weekly email communication called The Fracking Linkletter (c) that presented news on fracking, pipelines, and energy issues to 350 subscribers in nine states. 

On the BNGO Committee's recommendation, the Sierra Club Michigan Chapter endorsed the recent Ban Fracking Initiative drive, and in 2015, it organized 3,500 citizen comments to help the DEQ develop new safety rules on drilling and fracking. 


There is still work to be done. The state still has no comprehensive planning process for minerals, and regulation of the destructive practice of hydraulic fracturing remains weak.  The BNGO Committee has participated in the Chapter’s lobbying efforts to promote stronger legislation.  The Committee is also focusing on the pipeline infrastructure that proposes to use Michigan as a passageway to transport oil from the Dakota Bakkan fields and fracked natural gas from the Pennsylvania Marcellus region to Canada for export.  BNGO volunteers Nancy Shiffler and Frank Zaski have kept the committee involved in the issue of battling unnecessary and dangerous oil and gas pipelines, reviewing complicated federal and state documents and writing and submitting comments on the complex approval process for these projects. Their efforts have made the Michigan Chapter one of the few organizations in the state tackling the proposed Nexus and ET Rover pipelines in southeast Michigan. 

 The Sierra Club will continue to work on these issues and build on the demonstrable strides already made.








Wednesday, July 20, 2016

Chapter 11: Sierra Club's Fight to Keep Fossil Fuels in the Ground



By Anne Woiwode, Chapter Conservation Chair

In the early 2000’s, the George W. Bush administration began to aggressively encourage the development of new coal-burning power plants. Many of the electric generating plants around the country were coming to the end of their expected lives, and the Bush administration put a large bet on coal, an abundant resource in the United States, as the fuel of the future. At the same time, this policy initiative was in direct conflict with the growing confirmation of the massive contribution of carbon dioxide emissions to climate change. Scientific evidence of the threat of greenhouse gas emissions to the planet had been accumulating for more than half a century, however President Bush’s reckless energy policy moved the discussion from the academic arena to the legislative and regulatory realm.

Sierra Club leaders in the Midwest, heeding the urgent warnings of James Hansen the top scientist with NASA, recognized that a dangerous coal rush was underway. Volunteer Verena Owen and attorney Bruce Nilles in Illinois led the effort as Sierra Club embarked on an ambitious strategy of fighting every proposed coal-burning power plant proposal around the nation, the Beyond Coal Campaign. The first of its kind strategy tied together litigation, regulatory efforts, legislation and on the ground organizing, working to block electric utilities and independent power companies from building new coal plants. 

In Michigan, the fight started later than in other states, and was a bigger fight than in many other states. The Michigan Chapter leadership recognized in 2007 that energy issues were critical ones for our staff and volunteers to engage on. Legislative efforts, driven in part by Governor Jennifer Granholm, were being pursued to require increased renewable energy generation in the electric sector, and increased energy efficiency in both natural gas and electric industries. As Sierra Club volunteers, particularly led by Legislative Chair Lydia Fischer and Anna Holden of the Southeast Michigan Group, engaged in the legislative fight in early 2007, they urged the Michigan Chapter to increase our legislative engagement on energy issues. Then Legislative Director Gayle Miller became a critical force in the legislative fight that culminated in the passage of Michigan’s renewable energy and energy efficiency law in 2008.

As the Michigan Chapter delved into the emerging energy fights in 2007, State Director Anne Woiwode learned that there were at least five proposed new coal-burning power plants beginning to move into the permitting process or being actively discussed. Ultimately, eight plants were proposed around the state, with five seeking air pollution control permits from the state’s Department of Environmental Quality. The plants which sought permits included a 10 MW coal-burning power plant proposed by Northern Michigan University in Marquette, a 600 MW coal and wood burning power plant in Rogers City proposed by Wolverine Power Supply Cooperative, a 930 MW plant in Essexville proposed by CMS/Consumers Energy as an expansion of their Karn Weadock power plant complex.  The Lansing Board of Water and Light and Holland Board of Public Works, both municipal utilities, proposed to build coal plants for their own use, and possibly to sell to other munis, and other plant proposals included “merchant plants” in Midland, near Alma and in Manistee that were proposed to be built to sell into the grid, but with no specific commitments from customers.

In the end, not a single new coal-burning power plant was built in Michigan, as Sierra Club led a broad and diverse coalition of local, state and national organizations in the fight to stop the Michigan coal rush. Sierra Club organizers Lee Sprague, Jan O’Connell and Tiffany Hartung were particularly important in training, providing support and information to grassroots activists throughout the state, educating and engaging community groups about issues from health impacts to costs. Engaged citizens in Midland, Holland, Lansing, Rogers City, Manistee, in the Saginaw/Bay City area were joined by energy and climate activists from Traverse City, Ann Arbor, Grand Rapids and other communities as increasing numbers of Michiganders recognized these plants did not simply present local problems.  Organizers, both volunteer and staff, with Progress Michigan, Clean Water Action, the Ecology Center and others helped to engage the grassroots, as the coalition members collaborated on plans to take the greatest advantage of the skills and capacity of each organization.

Michigan tribes provided leadership in the coalition, particularly in the fights against the plants in Rogers City and Essexville. As consumers of electricity from the utilities proposing the plants, and as advocates for tribal members health, in particular reducing mercury from coal pollution that concentrated in the fish the tribal members depended upon, the Saginaw Chippewa Indian Band and the Little Traverse Bay Band of Odawa Indians were among the key proponents from dropping planned coal plants. However, their engagement was not without harassment, including disturbing taunts aimed at the tribal members at a massive hearing on the Essexville plant held by the DEQ[1].

State-wide and national environmental organizations joined with Sierra Club in providing technical and legal assistance in each of the fights. Sierra Club’s Beyond Coal Campaign played a primary role in strategizing and coordinating these efforts, with key roles played by  Environmental Law and Policy Center, the Natural Resources Defense Council (NRDC), Great Lakes Environmental Law Center, and Michigan Environmental Council among others. The five proposed air pollution permits required analysis, expert review, drafting and submission of technical comments and, where necessary, litigation to block the permit. The campaign members also understood that with the growing environmental, health and financial costs of new coal plants, and the decreasing costs of clean energy alternatives, in particular efficiency and wind power, delays in the start of construction of these proposed plants would lead to more and more pressure to drop the plants.

The Sierra Club and other campaign members also led tailored advocacy efforts aimed at each business or utility proposing coal plants. As an investor owned utility, Consumer Energy shareholder advocates also worked with the campaign to bring pressure on the utility to consider the health and climate impacts of investing in a new coal plant instead of moving towards clean energy.  In Holland and Lansing local citizens and campaign members advocated with the decision making boards that oversaw the municipal utilities, as well as with the elected leaders of each city to press for an environmentally sound choice.  In the Wolverine Power Supply Cooperative case, cooperative members and environmental advocates reached out to the boards of each of the member electric cooperatives that were part of the Wolverine, which provides electricity to each member cooperative. The citizens also tried to recruit and elect board members who agreed that a new coal plant was not a good choice.

The campaign also brought information and citizen lobbying pressure to the Michigan legislature and the Granholm administration to take action to stop the coal rush.  Governor Granholm became a strong advocate for clean energy in her second term, appointing Stanley “Skip” Pruss as her adviser and later as the head of the new Department of Energy, Labor and Economic Growth. Granholm and Pruss invested a lot of work in securing a strong clean energy law, however the new law adopted in 2008 were not designed to block the proposed coal plants, although they encouraged alternative sources of electric generation and efficiency.  One of the key public interest attorneys working with the campaign, Shannon Fisk, then with NRDC, working with GLELC attorneys, developed a strategy within Michigan law that could lead to a requirement that the state agencies considered whether or not there was a need for power proposed to be generated by these plants, and whether alternatives to achieve that goal were available. The campaign advocated for this approach directly with the administration, providing legal arguments and pointing to the importance of Michigan taking a stand to protect the future by not approving new coal plants.

In her State of State address in February 2009, Governor Granholm announced that the DEQ and Michigan Public Service Commission would be tasked with analyzing the need for the power from proposed coal fired power plants, and whether alternatives existed.  The analyses, developed with public input, were conducted on the plants which continued to pursue their permits.  While the DEQ ultimately decided to issue a permit in early 2010 for the Consumers Energy proposal for the Karn Weadock plant expansion, despite a finding that there was no need for the plant. However, as a result of the pressure from many corners, the company put the plant on hold a few months later.  Consumers dropped the proposed plant entirely in December 2011.

Granholm’s Executive Directive regarding coal fired power plants delayed action, but was reversed within weeks by Governor Rick Snyder after he took office in 2011. However, the combination of litigation, citizen advocacy, concerns about finances and environmental concerns all brought by the Sierra Club Michigan Chapter, Beyond Coal Campaign and our many partners led to the remaining coal plants all dropping their plans to proceed within a couple of years. Sierra Club’s laid the groundwork for a swell of citizen engagement in energy planning that has become a template for other communities to follow.

The Michigan Chapter is engaged in legislative efforts to defend and expand our clean energy goals, as well as many other environmental efforts.  Contact Legislative Director Mike Berkowitz at mike.berkowitz@sierraclub.org to find out more. The Beyond Coal Campaign has continued in Michigan to work for the shut down of existing coal plants with the goal of moving our electric generation sector entirely to truly clean sources of energy by 2030. Announcements in the past few years by Consumers Energy and DTE Energy of plans to shut down more than ten coal plants have been a part of the overall campaign. Learn more about this effort by contacting Beyond Coal Campaign Michigan Representative Regina Strong at regina.strong@sierraclub.org. Today, Sierra Club members and community members throughout the state have begun working through the Ready for 100 Campaign to encourage local governments to commit to moving to 100% clean energy by 2050.  Find out how you can become part of this campaign by contacting Beyond Coal Organizer Andrew Sarpolis at andrew.sarpolis@sierraclub.org.


[1] Governor Granholm combined the DEQ and DNR into the Department of Natural Resources and Environment. For purposes of this article, we use DEQ to stand in for DNRE as well.