Showing posts with label Great Lakes. Show all posts
Showing posts with label Great Lakes. Show all posts

Tuesday, July 14, 2015

Officials in Great Lakes Region to Act on Algae Problem, Water Diversion

Last month, Quebec City hosted a conference of the 8 Governors from the Great Lakes US States and 2 from Canadian Provinces to discuss issues facing the Great Lakes.  One of the top issues discussed was the algae blooms on Lake Erie; to which Michigan, Ohio, and Ontario pledged to a reduction of 40% by 2025.

While the pledge is a step in the right direction, environmental groups have tried to call attention to this issue for years but have been largely ignored by government officials in the region.  In 2011, a sixth of Lake Erie was covered with toxic algae blooms. It reduced fish populations, fouled beaches, and most importantly it contaminated the drinking water. The bloom produced a concentration of a liver toxin that was 1,200 times the limit set by the World Health Organization.

The drinking water contamination continues to be one of the largest issues associated with the algae blooms. Just last August, Toledo was without drinkable water for 3 days because of dangerous toxin levels.

Some environmental groups are not only angry with the delayed action, but with the announcement itself. The conference provided no details on how the reduction will be carried out nor any mechanism to ensure compliance. The governors only said that “adaptive measures” will be taken by State environmental agencies.

The Sierra Club and the Food and Water Watch believe the announcement just shows how the agricultural industry continues to remain untouchable. Since the algae blooms are largely created by agricultural runoff containing phosphorus, measures would be taken to regulate agricultural pollution. Unfortunately, no such measure was expressed in the announcement.

A spokeswoman for the Food and Water Watch issued a statement “Relying on voluntary action is irresponsible and leaves a major source of drinking water for the region at the mercy of an industry looking to profit above all else”.

Another big issue raised was whether or not Great Lakes water should be diverted to Waukesha, Wisconsin. This community has had a polluted well for years, and now the Wisconsin DNR requests access to the safe water in the Great Lakes. In order to have access, the request needs approval from all 8 Great Lakes States. Just one vote against it can deny the whole proposal.

State leaders are expected to proceed with caution in forming their response because they believe the decision will become precedent for all future water diversion requests, which will be highly significant in the near future as water becomes scarcer around the country.


Michigan will arguably be the most important voice in the matter as it is the only state completely in the Great Lakes Basin. While it is important to provide those in need with available water sources, Michigan has the most to lose if diversion requests start to flood in.

Tuesday, May 12, 2015

MDEQ Issues Permit Change to Further Limit CAFO Winter Manure Spreading

Paul F. Bohn, Esq.

The Michigan Department of Environmental Quality (MDEQ) announced a change to its permits for large farms as part of the state’s efforts to better protect Michigan waters from agricultural runoff. Confined Animal Feeding Operations (CAFO) were already limited in when and where they could spread manure, but the permit change applies those limits to operations receiving that manure as well.

We have written previously on Ohio’s efforts to combat the “harmful algae blooms” plaguing Lake Erie, and this effort by MDEQ is certainly part of Michigan’s response to protect Lake Erie.

CAFOs are not allowed to spread manure on frozen or snow-covered grounds except under very strict, limited circumstances, but they were previously allowed to transfer their excess manure to other operations not specifically prohibited from “winter spreading.”

Now, large farms are not permitted to transfer their farm waste to other operations from January through March unless the recipient follows the winter spreading standards. Witnesses at the hearings on the CAFO permit renewal said that the transferred manure, which was spread onto the recipients’ lands, was running into streams and drains as the snow was melting during the spring thaw. 

“The change is expected to further minimize incidents of farm runoff to surface waters during spring melts, and will safeguard Michigan's valuable water resources while providing a reasonable regulatory framework for farmers," said MDEQ in a press release.

This permit change has been in the works since December of last year, and a public hearing was held in January. The final product includes revisions based on public comment. Both the permit and the summary on public comments can be viewed on MDEQ’s website here:



Paul Bohn, partner at Fausone Bohn, LLP, has established a strong reputation in Michigan as a leading practitioner in environmental law. Mr. Bohn has been selected as a Michigan Super Lawyer since 2010 and was named one of the Top Attorneys in Michigan in 2014 by Crain’s Detroit Business. The team at Fausone Bohn, LLP has extensive experience dealing with MDEQ matters. If you need consultation, don’t hesitate to contact us at (248) 468-4536 or online at www.fb-firm.com

Tuesday, April 7, 2015

Ohio Passes Bill to Protect Lake Erie: Should Michigan Follow?

Paul F. Bohn, Esq.

You may remember the news last year when Lake Erie experienced a massive wave of “harmful algae blooms,” or HABs, in its waters. Lake Erie communities were unable to use tap water, restaurants and coffee shops closed due to a low supply of usable drinking water, and even politicians in the heat of election season paused their campaigns to help distribute water.

The spike in algae blooms, and its severe effects on surrounding communities, recently led Ohio to pass Senate Bill 1, which Ohio Gov. Kasich signed last week. The bill aims to protect Lake Erie’s and Ohio’s water quality.

SB 1 restricts the spreading of manure and other fertilizers that contribute to the toxic algae blooms, curbs open-lake dumping of dredged material, and increases monitoring at water-treatment plants. The bill passed the State House and Senate unanimously, which is a rarity in today’s politics, no matter where you live.

You can learn more about the bill’s details in an article from the Toledo Blade:


Great Lakes Environmental Groups hailed the legislation as a positive first step, but noted that more needs to be done. They have called on Governor Snyder of Michigan, Governor Kasich of Ohio, and Premier Wynne of Ontario, Canada to lead a joint effort to cut phosphorous pollution into Lake Erie by 40%.

These groups believe a good first step for Michigan would be to pass similar legislation to Ohio's. 

Paul Bohn is a partner at the law firm of Fausone Bohn, LLP, and was named one of the Top Attorneys in Michigan in 2014 by Crain’s Detroit Business, and specializes in the areas of environmental, real estate, and construction law. If you need help on an environmental issue, contact Fausone Bohn, LLP at 248-468-4536, or visit us online at www.fb-firm.com

Monday, October 11, 2010

Attorney Andrea Hayden Elected as President of the Great Lakes Environmental Law Center Board of Directors

The firm would like to congratulate Andrea Hayden, on her recent election as president of the Great Lakes Environmental Law Center (GLELC) Board of Directors. The GLELC is a non-profit organization founded to protect the Great Lakes, one of the world’s largest freshwater resources. The organization works closely with Wayne State University Law School, and national organizations such as Natural Resources Defense Council. Most recently GLELC submitted an amicus brief in the Michigan Supreme Court case Anglers of the Ausable, Inc. v. the Michigan Department of Environmental Quality, a case involving riparian rights issues along with many additional complex environmental law issues.

The executive director of the GLELC, Nick Schroeck, was interviewed in today’s Detroit News regarding the organization in general and the Anglers of the Ausable case in particular.

You can find the article at: http://detnews.com/article/20101011/METRO/10110321/1478/rss
More information on the GLELC can be found at: http://www.glelc.org/