Neighbors Take Dow Chemical to Court

  • A Dow Chemical sign next to a river in Michigan contaminated with dioxin. Homeowners downstream are still waiting for their case against Dow to be heard. (Photo by Vincent Duffy)

The world’s largest chemical company is fighting a lawsuit filed because of dioxin pollution. Rick Pluta reports neighbors downstream from Dow Chemical’s headquarters in Michigan want something to budge in the case:

Transcript

The world’s largest chemical company is fighting a lawsuit filed because of dioxin pollution. Rick Pluta reports neighbors downstream from Dow Chemical’s headquarters in Michigan want something to budge in the case:

A Dow chemical plant near the company’s headquarters in Michigan produced all kinds of products over decades, including Agent Orange. Dioxin polluted the Tittabawassee River and its flood plain. A group of 173 people have sued, after learning their property is contaminated. Many of these people have been involved in this litigation for six years. The courts still have not gotten around to their case. Attorney Theresa Golden took their case to the Michigan Supreme Court.

“The clients obviously are concerned and disappointed that it’s taken us long to get to this point.”

The group wants class action status, so every single homeowner does not have to take on the corporate giant. There are a couple thousand property downstream of this plant. And Dow does not like the idea of potentially having to pay every one of them.

For The Environment Report, I’m Rick Pluta.

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New Dishwashing Detergent Ban

  • Phosphorus has been banned from laundry detergents, but has not been banned from dishwasher detergents (Source: Piotrus at Wikimedia Commons)

Add another state banning the
use of a pollutant in dishwashing
detergent. Rick Pluta reports it will
help clear up environmental problems
in rivers and lakes:

Transcript

Add another state banning the
use of a pollutant in dishwashing
detergent. Rick Pluta reports it will
help clear up environmental problems
in rivers and lakes:

Well, there are dead zones in other places, including the Great Lakes.

One of the big culprits is phosphorus. It seeps into the water, and promotes the growth of
algae that chokes out other species.

Phosphorus was removed from laundry detergent back in the 1970s. But that was back
before there were a lot of automatic dishwashers, so dishwasher soap wasn’t part of the
ban.

Now, regulators are starting to catch up.

Michigan just joined at least 8 other states that have ordered phosphorus to be phased out
of dishwasher detergent.

The manufacturers aren’t arguing – some have already started eliminating phosphorus in
their products.

But there are still plenty of other ways that phosphorus is leeching into lakes, rivers, and
streams. The most common cause is agricultural fertilizers.

For The Environment Report, I’m Rick Pluta.

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Gl Compact Goes to Washington

  • Lake Superior's South Shore, Wisconsin (Photo by Dave Hansen, courtesy of the EPA)

There’s a new agreement that says the
Great Lakes water has to stay in the Great Lakes.
It’s been approved now by all eight of the states
and the two Canadian provinces that border the
Lakes. Rick Pluta reports the agreement is now
on its way to Congress:

Transcript

There’s a new agreement that says the
Great Lakes water has to stay in the Great Lakes.
It’s been approved now by all eight of the states
and the two Canadian provinces that border the
Lakes. Rick Pluta reports the agreement is now
on its way to Congress:

The Great Lakes region was worried that drier parts of the country and the world might
be eyeing the largest supply of freshwater on Earth.

Ten years ago, a Canadian company got permission from Ontario to send millions of
gallons of water to Asia via tanker ships. Fierce opposition from around the Great Lakes
region put an end to that project. But regions neighboring the Great Lakes basin still see
them as a possible cure for their water shortages.

Michigan Governor Jennifer Granholm says the Great Lakes compact offers an answer to
anyone outside the region who wants to get their hands on that water.

“Can’t touch this. (laughs) That’s what we say. They need to look at their own way of
preserving and managing their resources.”

When Granholm signed new laws in a ceremony here on the Lake Michigan shoreline,
Michigan became the last of the eight Great Lakes states to formally join the compact.

The compact was put together by leaders of the US states and two Canadian provinces
that border the lakes. Granholm says, once it’s adopted by Congress and signed by the
president, it will give the Great Lakes states new authority to protect their water.

“This allows me as governor to veto any large diversion of water, so we can put a stop to
it ourselves. It really allows us the autonomy of protecting these Great Lakes overall.”

It took 10 years for the Great Lakes states to get the compact through their legislatures
and signed by their governors. Members of Congress from the region are hoping it won’t
take quite so long to get it to the president’s desk.

Chicago Congressman Rahm Emanuel is expected to lead the effort to get the compact
through the US House. He says congressional hearings will begin this year and the
compact should be approved in time for it to be sent to the new president in early 2009.
Emanuel says he’s not expecting any problems.

“Because people understand and know, this is our Yellowstone Park, this is our Grand
Canyon. This is a national treasure. There’s been a lot of work and years of effort to get
this done. The good news is a lot of the chairmen of the committees that are relevant, come
from the Midwest, know how important the Great Lakes are and will act with due speed
in getting it done.”

Both the Republican presidential candidate John McCain and Democratic candidate
Barak Obama have said they would sign the compact.

Environmental groups are among those backing the deal. But many of them say it
still comes up short because it does not stop bottled water from leaving the Great Lakes
region.

Cyndi Roper is with Clean Water Action.

“Water is water. You can’t fill a tanker with water and take it out of the Great Lakes, but
you can fill that same tanker with bottles of water and ship them to other parts of the
country and other parts of the world, and we believe as we move forward, that’s a very
dangerous precedent to set.”

She says that’s because many millions of gallons can still trickle out of the lakes – even if
it’s 12 ounces at a time.

For The Environment Report, this is Rick Pluta.

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States Pass Feds on Invasives Law

  • Federal restrictions have not stopped importation of invasive species. Now some states are passing laws that will stop some ocean-going ships from docking in their ports. (Photo by Lester Graham)

US ports receive more than imported cargo.
They often receive fish and other aquatic organisms
from foreign ports. They stow away in the ballast
water of cargo ships. Once in US waters, some of
the foreign species become invaders, damaging the
ecosystem. The federal government has done little
to stop these invasive species. Rick Pluta reports now some states have decided to take
things into their own hands:

Transcript

US ports receive more than imported cargo.
They often receive fish and other aquatic organisms
from foreign ports. They stow away in the ballast
water of cargo ships. Once in US waters, some of
the foreign species become invaders, damaging the
ecosystem. The federal government has done little
to stop these invasive species. Rick Pluta reports now some states have decided to take
things into their own hands:


The damage caused by invasive species carried to the US in
ballast water is not only harmful to the environment, but it
hurts the economy. The federal regulations have not stopped the
problem. So, states such as California and Michigan have passed
laws that require foreign ships to treat ballast water like
pollution. They have to clean it up before they can discharge it
into a port. The problem is, almost no ships have a way to treat
the ballast.


In Michigan, the Great Lakes shipping industry is trying to delay
the new Michigan rules. Shipping companies, port owners, and
dock workers say Michigan’s new rules are jeopardizing jobs
without actually stopping the introduction of new species into
the Great Lakes.


The damage caused by invasive species carried to the US in
ballast water is not only harmful to the environment, but it
hurts the economy. The federal regulations have not stopped the
problem. So, states such as California and Michigan have passed
laws that require foreign ships to treat ballast water like
pollution. They have to clean it up before they can discharge it
into a port. The problem is, almost no ships have a way to treat
the ballast.


In Michigan, the Great Lakes shipping industry is trying to delay
the new Michigan rules. Shipping companies, port owners, and
dock workers say Michigan’s new rules are jeopardizing jobs
without actually stopping the introduction of new species into
the Great Lakes.


People in the shipping business say the problem is Michigan is
the only state in the Great Lakes region that is requiring ocean-
going freighters to install expensive technology as a condition
of using one of its ports.


John Jamian is the president of the Seaway Great Lakes Trade
Association. He says requiring ocean-going freighters to install
expensive technology before they can dock in Michigan ports won’t
solve the problem. The ships will just go to other Great Lakes
ports.


If a ship goes to Windsor or Toledo that doesn’t have these rules
and regulations, they will discharge their cargo. If there were
any critters on those ships they could still swim or crawl into
Michigan waters, so you still haven’t solved anything.


Jamian represents the owners of ships that travel from the
Atlantic Ocean to the Great Lakes via the Saint Lawrence Seaway.
He says ship owners will very likely avoid Michigan ports, and
choose to unload at ports in other states and Canada:


“The fact of the matter is that they’re not going to put an
expensive piece of equipment just because Michigan calls for it
on their ship when in fact it may not be acceptable anywhere else
in the world and it might just be easier to take that cargo
across the river and unload it where they don’t have these
regulations.”


And for Michigan ports that are near other competing ports,
that’s a concern. Patrick Sutka is the treasurer for Nicholson
Terminal and Dock Company at the Port of Detroit:


“We fear these ships may be going to other ports, such as Windsor
right across the waterway, or other competitors of ours such as
Toledo or Cleveland.”


At the height of the shipping season, there might be three
freighters at a time moored to the docks, offloading steel and
other cargo. A hundred trucks a day will move in and out of the
docking area to get those commodities to factories.


On the dock right now are dozens of stacks of 20-ton slabs of
steel from France and Russia. That Russian steel was most likely
shipped from a port in the Caspian Sea or the Black Sea. The
freighters take on ballast water from those seas for the voyage
to the Great Lakes. That ballast water helps keep the ships low
and steady in the water.


The ships are required to exchange the water in deep ocean mid-
journey. The salt water is supposed to kill the fresh water
organisms. But, some organisms can survive the trip. That’s how
zebra mussels, quagga mussels and the round goby fish made their
way from the Balkans to the Great Lakes.


Those invasive species and others combine to cost the economy an
estimated 5 billion dollars a year. For example, zebra
mussels cost taxpayers and utility customers. It shows up in
your power bill because the utilities have to pay divers to
scrape the crustaceans off pipes carrying cooling water to power
plants.


Shipping companies, port owners, and dock workers’ unions are all
pressuring Michigan to hold off on enforcing its new law. What
they’d really like is for the federal government to step in,
negotiate with Canada, and create a regional set of rules for
combating aquatic invaders:


“…But the federal government has not had the guts or the
gumption to step up to the plate and get this done.”


Patti Birkholz chairs the Michigan Senate Environmental Affairs
Committee. She sponsored the law:


“So we’re going to do it on a state-by-state basis. Our eco-
system within the Great Lakes is what many scientists have termed
‘on the tipping point.’ We cannot deal with any more invasive
species in this system, and we know the majority of the invasive
species come through the ocean-going vessels. They know they’re
the cause. We know they’re the cause. We’ve got to deal with this
situation.”


Michigan’s new law is as much a political statement as anything
else and other states are starting to follow Michigan’s lead.
Birkholz says Wisconsin and New York could pass ballast standards
this year.


In the mean time, Michigan environmental officials say they
intend to enforce the state’s requirements when the Great Lakes
shipping season resumes in the spring. But, so far, no ocean
freighters have applied for a permit to dock at a Michigan Port.


For the Environment Report, this is Rick Pluta.

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Denying States’ Rights to Restrict Chemicals

A bill before the U-S House of Representatives would stop state and local governments from passing their own restrictions on chemicals. We have more from the GLRC’s Rick Pluta:

Transcript

A bill before the US House of Representatives would stop state and local
governments from passing their own restrictions on chemicals. We have more
from the GLRC’s Rick Pluta:


California recently passed a law that would ban the use of a fire retardant that’s been
linked to neurological disorders, and other states are looking at passing regulations that
are stricter than federal rules governing fertilizers, pesticides, and industrial chemicals.


Democratic Representative John Dingell of Michigan says all of those could be sidelined
by the bill before Congress:


“In other words, it is a wall not only against existing law, but it is a wall against the states enacting additional laws which would make it safe for people.”


He says the bill would also require environmental regulators to perform a cost-benefit
analysis as part of their decisions, when the health of the public should be their top
concern.


Supporters say the United States needs a single standard governing pesticides and
chemicals to comply with an international treaty.


For the GLRC, this is Rick Pluta.

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Supreme Court to Hear Beach Walking Case?

Shoreline property owners are asking the nation’s highest court to reverse a ruling that says the public has the right to walk along the beaches of the Great Lakes. The Great Lakes Radio Consortium’s Rick Pluta reports:

Transcript

Shoreline property owners are asking the nation’s highest court to
reverse a ruling that says the public has the right to walk along the
beaches of the Great Lakes. The Great Lakes Radio Consortium’s Rick
Pluta reports:


The property owners are challenging a Michigan Supreme Court
decision. The state court held that the public owns the Great Lakes
beaches from the water to the high water mark. The case was filed by a
woman who was seeking the right to walk along the shoreline of Lake
Huron.


David Powers is an attorney with the property owners group Save Our
Shoreline. He says the Michigan decision rolled back property owners’
rights…


“And so, if the state has taken private property in violation of the
Constitution, the U.S. Supreme Court should be very concerned about
that.”


The other side in the case says the Great Lakes shoreline is such a unique
resource that no one person should be allowed to claim exclusive rights
to it.


There’s no word on when the Supreme Court might make a decision on
taking the case. Lakeshore property rights are being litigated in other
Great Lakes states and whatever the Supreme Court decides to do could
have an effect on those cases.


For the GLRC, this is Rick Pluta.

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Ten Threats: Chemical Valley Spills

  • Sarnia, Ontario's shoreline with Lake Huron. (Courtesy of the EPA)

Most people think the days of industry polluting rivers and lakes are past, but that’s
just not the case. There’s a lot less pollution spewing out of factory pipes, but there
are still some real problem areas. Rick Pluta reports on how one of those areas is not
in the U.S., it’s in Canada, but the pollution ends up in the Great Lakes:

Transcript

Here’s the next report in our series Ten Threats to the Great Lakes. The series
guide is Lester Graham. He says our next piece reveals we still have a long way to
eliminate pollution in the lakes.


Most people think the days of industry polluting rivers and lakes are past, but that’s
just not the case. There’s a lot less pollution spewing out of factory pipes, but there
are still some real problem areas. Rick Pluta reports on how one of those areas is not
in the U.S., it’s in Canada, but the pollution ends up in the Great Lakes:


North of Detroit, just across the border from Michigan is Canada’s Chemical Valley. It’s a
complex of dozens of petro-chemical factories that employ thousands of people near Sarnia,
Ontario. Chemical Valley is the center of the economy here, but it also has a major
environmental effect on the Great Lakes.


That’s because Chemical Valley sits on the Saint Clair River, one of the rivers that connects
Lake Huron to Lake Erie. What happens on the Saint Clair River affects thousands of people who
downstream from the plants. Chemical spills from Sarnia have polluted the shorelines of both
countries.


Jim Brophy is the director of a health clinic for people who work in the sprawling complex of
factories on the Canadian side of the Saint Clair River. Brophy says he’s seen people suffering
and lives shortened by cancer, respiratory failure, and neurological disorders.


“It’s an unbelievable tragedy because these diseases are all completely preventable, but arose
both because of government and industry negligence over the course of 30 or 40 years, or even
longer.”


Brophy says many of those health problems are also being exported downstream to other
communities.


The Aamjiwnaang tribe makes its home right next to the Chemical Valley complex. A recent
study of Aamjiwnaang birth records found that, in the last decade, instead of births being about
half girls and half boys, only one-third of the babies born on the reservation were boys. Shifts in
reproduction patterns often serve as a signal of an environmental imbalance.


Jim Brophy says that suggests the impact of Sarnia’s chemical industry on the environment and
people deserves more attention.


“We cannot put a particular exposure from a particular place and link that at this point, but what
we are putting together are pieces of a puzzle, and I think that’s becoming a major concern not
just for our community and not just for the American community on the other side of the river,
but I think for people all along the Great Lakes.”


Environmental regulators agree. The province of Ontario recently ordered 11 facilities to clean up
their operations so there are fewer spills and emissions. Although the provincial government has
little power to enforce those orders, officials say it’s a step in the right direction.


Dennis Schornack is the U.S. chair of the International Joint Commission. The IJC looks to
resolve disputes and solve problems in the Great Lakes international waters. He says that, since
World War II, Chemical Valley has changed the character of the Saint Clair River.


“We really have to watch this for drinking water – that’s the main thing. Canada does not draw its
drinking water from the river and the U.S. does.”


So communities on the U.S. side have to deal with chemical spills and other pollution in their
drinking water, but they have no control over the polluters on the other side of the border.


Peter Cobb is a plant manager who sits on the board of the Sarnia-Lambton Environmental
Association. That’s a consortium of Sarnia petro-chemical operations. He says the problem is
spills into the Saint Clair River peaked in the 1980s, when there were roughly 100 spills a year.
He says now that’s down to five to 10 spills a year.


“We have made significant progress. Having said that, our target remains zero spills per year,
and industry is well aware that our current performance does not meet our own target as well as
the expectations of the public.”


Cobb also acknowledges there have been some major setbacks in the last couple of years. Some
big spills have forced downstream communities to once again stop taking their drinking water
from the Saint Clair River. Cobb says Chemical Valley will try to do better.


For the GLRC, this is Rick Pluta.

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Can Trash Shipments Be Stopped?

Political pressure is building for elected officials to do
something to stop shipments of trash from Canada. But as the Great
Lakes Radio Consortium’s Rick Pluta reports, there’s no evidence to
suggest Canadian trash haulers will be stopped at the border anytime
soon:

Transcript

Political pressure is building for elected officials to do something to stop
shipments of trash from Canada. But as the Great Lakes Radio Consortium’s
Rick Pluta reports, there’s no evidence to suggest Canadian trash haulers
will be stopped at the border anytime soon:


The effort to ban Canadian trash shipments has always been complicated by
the fact that waste headed to landfills is considered a commodity. And – on
the U.S. side of the border – international trafficking in commodities can
only be regulated by the federal government.


There is a bill in Congress to give states such as Michigan the authority to
regulate waste-hauling. And a bill in the Michigan Legislature would ban the
shipments from Canada 90 days after a federal law is enacted.


But there’s a question on whether Congress can hand a federal responsibility
over to the state of Michigan. And there’s a question on whether the state
of Michigan can legally cancel Canada’s contracts with private landfills.


Another possibility is simply increasing dumping fees. But that would place
an added burden on Michigan taxpayers who would also have to pay more to
have their trash hauled away.


For the GLRC, this is Rick Pluta.

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Revisiting an International Water Agreement

The United States and Canada are updating a 30 year-old regional water quality agreement. The governments are launching 14 public hearings in both countries to gather ideas. We have more from the Great Lakes Radio Consortium’s Rick Pluta:

Transcript

The United States and Canada are updating a 30 year-old regional water quality
agreement. The governments are launching 14 public hearings in both countries to
gather ideas. We have more from the Great Lakes Radio Consortium’s Rick Pluta:


The Great Lakes Water Quality Agreement was initially designed to rid the Great Lakes
of chemicals. In the 1970’s, it resulted in the ban of phosphorus in detergents and other
consumer products. The ban is widely credited with starting to clean up the lakes.


Dennis Schornack is the U.S. chair of the International Joint Commission. He says a lot
of new problems have emerged since the agreement was last updated in 1987.


“Looking to the future, the threats that we have today have changed, one especially
important threat is invasive species. Foreign species have disrupted the food chain in the
Great Lakes.”


Schornack says other issues that need to be addressed include water runoff from streets
and farms that contain pesticides and other chemicals, and lakefront development.


The U.S. and Canada hope to complete an update of the Great Lakes protection
agreement in 2006.


For the GLRC, I’m Rick Pluta.

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Bottling Restrictions Lifted for Katrina Victims

Officials are suspending a fight with water bottlers over diversions from
the Great Lakes basin – as long as the water is used for hurricane relief.
The Great Lakes Radio Consortium’s Rick Pluta has more:

Transcript

Officials are suspending a fight with water bottlers over diversions from the Great Lakes basin – as long as the water is used for hurricaine relief. The Great Lakes Radio Consortium’s Rick Pluta has more:


Michigan’s in a legal fight with Nestle Waters over the company’s right to tap into springs, bottle the water, and then sell it outside the Great Lakes basin.


Michigan Governor Jennifer Granholm says that amounts to a diversion of water from the Great Lakes, and it should be regulated, but she’s signed a directive saying that limits on water bottlers will be lifted to support hurricane relief.


“It’s going to allow for the relaxation of rules during the time of a national emergency to allow water to be pumped and distributed to areas of great need.”


The governor says her directive will expire once the immediate crisis is past, but the court fight is still pending over the right of Michigan – and other states in the Great Lakes region – to place limits on how water can be withdrawn from the basin and sold somewhere else.


For the GLRC, I’m Rick Pluta.

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