Green Scales

Do You Know about Juneau?

A long-fought battle in Alaska between a mining company and environmentalists has ended, at least for now. The Supeme Court ruled yesterday that Coeur Alaska Inc., a mining company, could dump its mine tailings and slurry into Lower Slate Lake in Alaska. The issue--to me at least--isn't only this particular mine waste in this particular lake, but more that the Supreme Court has the power to determine who has the "right" to pollute all over the country.

It seems like maybe we should have a national agency tasked solely with environmental decision making. It might even be a good idea to have people with specific knowledge to a particular part of the country deciding policy for that area. (Here are just a few of the documents issued by EPA Region 10 about this case).

Back to this particular case.

• Here's the story at the Anchorage Daily News.

• And here's the New York Times' take on the issue today: Justices Say Waste Can Be Dumped in Lake

• Elizabeth Bluemink from the Juneau Empire reported on this issue several years ago. Read "Is Kensington Waste Toxic?"

What does this mean to the Great Lakes Region?  Well, in some ways that's yet to be determined.

We have quite a history of mining waste distribution here in MI. Look at this google timeline of mining waste issues (of course this only includes materials that are on the web).

But what if this case sets a new precedent--that it's really the best option to dump waste into lakes and streams? How would that change the ecology of the Great Lakes?  If you don't know about it already, check out the Great Lakes Water Quality Agreement. The 40th anniversary of the Cuyahoga River burning just passed; in which direction is Great Lakes water policy heading now?

Today we'll also be hearing more about attempts to combine Michigan DEQ and DNR into a Department of Conservation. More on that soon!

Michigan's Environmental Justice Directive

Environmental justice is a nice idea-- that everyone will be treated fairly, particularly in regards to environmental waste and hazards-- but it can be difficult to talk about, simply because the words "environmental justice" aren't always familiar to people. But maybe the words are a little more familiar to those who follow Michigan legislation and policy. Did you know that there is a Michigan Executive Directive to promote and encourage environmental justice in the state? I've copied the directive below.

There are several notes of interest in this document. One, the directive includes the state's definition of environmental justice (I've highlighted it in blue).

Two, part of the directive says that
"In developing the state environmental justice plan, the Department shall actively solicit public involvement." This is one of the areas of environmental justice that is very hard to achieve. How do you schedule and run meetings so that community members really can come and discuss what they think of a new project, or share their concerns about waste or environmental health? How do you ensure that everyone knows about the meeting? 

What do you think? Have you seen evidence of this directive being put into action?

The Department of Environmental Quality also hosts an Environmental Justice Working group which meets frequently throughout the year (their next meeting is July 13, 2009). The state has just announced massive budget cuts to the DEQ; it will be interesting to see where exactly the cuts are made.

EXECUTIVE DIRECTIVE No. 2007 - 23

PROMOTING ENVIRONMENTAL JUSTICE

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, each principal department of state government is under the supervision of the Governor unless otherwise provided by the Constitution;

WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, the Governor is responsible to take care that the laws be faithfully executed;

WHEREAS, under Section 52 of Article IV of the Michigan Constitution of 1963, the conservation and natural resources of the State of Michigan are of paramount public concern in the interest of the health, safety, and welfare of the People of the State of Michigan;

WHEREAS, under Article I of the Michigan Constitution of 1963, state government is instituted for the equal benefit, security, and protection of the People of the State of Michigan, and no person may be denied the enjoyment of his or her civil or political rights because of religion, race, color, or national origin;

WHEREAS, the fair, non-discriminatory treatment of all people is fundamental to the development, implementation, and enforcement of environmental laws, regulations, and policies;

WHEREAS, when government acts, careful attention to civil rights can facilitate fair and non-discriminatory treatment, and meaningful public involvement can provide citizens with a more effective voice in decisions affecting their community;

WHEREAS, state government has an obligation to advance policies that foster environmental justice, social well-being, and economic progress;

WHEREAS, initial efforts by an advisory work group organized by the Department of Environmental Quality reveal that the development of environmental justice plans will further equal protection and public health, safety, and welfare;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, direct:

I. DEFINITIONS

As used in this Directive:

A. "Department of Environmental Quality" or "Department" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.

B. "Environmental justice" means the fair, non-discriminatory treatment and meaningful involvement of Michigan residents regarding the development, implementation, and enforcement of environmental laws, regulations, and policies by this state.

II. DEVELOPMENT ENVIRONMENTAL JUSTICE PLANS

A. The Department of Environmental Quality shall develop and implement a state environmental justice plan to promote environmental justice in Michigan.  The plan shall do all of the following:

1. Identify and address discriminatory public health or environmental effects of state laws, regulations, policies, and activities on Michigan residents, including an examination of disproportionate impacts.

2. Include measures to prevent discriminatory or negative public health or environmental effects of state laws, regulations, policies, or activities, including, but not limited to, disproportionate negative impact of state laws, regulations, policies or activities relating to public health and the environment.

3. Provide policies and procedures for state departments and agencies to ensure that environmental justice principals are incorporated into departmental and agency decision-making and practices.

4. Include recommendations for other state departments and agencies whose functions and responsibilities impact environmental justice.

5. Recommend mechanisms for members of the public, communities, and groups to assert adverse or disproportionate social, economic or environmental impact upon a community and request responsive state action.

6. Ensure consistency with federal environmental justice programs and recommend specific mechanisms for monitoring and measuring the effects of implementing the plan.

7. Assure implementation in a manner that maximizes the promotion of environmental justice while minimizing or eliminating potential adverse or disproportionate social, economic, or environmental impact.

B. In developing the state environmental justice plan, the Department shall actively solicit public involvement.

C. The Department shall establish an environmental justice working group of state officials and members of the public to do all of the following:

1. Assist in the development of the state environmental justice plan.

2. Identify state departments and agencies that could benefit from the development of a departmental or agency environmental justice plan.

3. Assist in the development of departmental or agency environmental justice plans and review the plans for consistency with the state environmental justice plan.

4. Recommend measures to integrate and coordinate the actions of state departments to further the promotion of environmental justice in this state.

5. Recommend environmental justice performance goals and measures for the Department and other state departments and agencies with departmental or agency environmental justice plans.

6. Review the progress of the Department and other departments and agencies with environmental justice plans in complying with the plan and promoting environmental justice.

D. The Department may require a department or agency to develop and adopt a departmental or agency environmental justice plan, in cooperation with the Department, if the Department determines that development by a department or agency would promote environmental justice within this state.

E. State departments and agencies shall cooperate with the Department of Environmental Quality as necessary to implement this Directive.

F. The Department of Environmental Quality shall report to the Governor on its progress in implementing this Directive not later than July 1, 2008.  The Department also shall prepare an annual report to the Governor on state activities to promote environmental justice.

This Directive is effective immediately.

Given under my hand this 21st day of November in the year of our Lord, two thousand and seven.

____________________________________
JENNIFER M. GRANHOLM
GOVERNOR

Are There Problems with Wind Power?

I talked in the last post about some of the problems with current energy production in Michigan. You also may have read my piece in Lansing's New Citizen's Press about environmental health concerns with new coal plants (If not, you can read the article here). But, asked several readers, if coal has all of these problems, are there even other options?

What about proposals for the future of Michigan energy? Is "green" power production capable of handling the demand for energy that we have? Here, Michigan Environmental Council's Tremaine Phillips answers a few questions about one of the most promising new power sources for Michigan: wind.

The Answer My Friend... Is Blowing in the Wind

One of the most controversial discussions currently taking place in Michigan revolves around wind power and the myth that new wind projects must be accompanied by additional ‘back-up’ energy resources. Wind is often regarded as ‘intermittent’ due to the fact that the wind does not blow all the time and it is more variable than conventional electrical generation resources, such as coal burning and nuclear power generating plants. This discussion is relevant because utilities often are required to maintain a certain level of reserve electrical capacity above their expected summer peak electrical demand (for example, the Lansing Board of Water and Light is required to have a 14% reserve margin). For many utilities, their reserve capacity primarily consists of fast acting natural gas turbines (which have designs similar to that of a jet engine). According to Tremaine Phillips of the Michigan Environmental Council, wind does not require any additional ‘back-up’ power since utilities already have substantial natural gas reserves which can quickly be brought online during low wind periods. So, one of the main concerns about wind power--that back up power would be more difficult-- has already basically been solved.

Additionally, variability of wind power is often very predictable and gradual, while the sudden lose of a traditional large-scale generation resource like a coal fired power plant can be sudden and catastrophic, says Phillips. The benefit of wind is that its production can often be predicted alongside weather forecasts and adjustments can be made well in advance of potential slowdowns in production through those predictions. Also, since wind power is not slated to take up a huge percentage of Michigan's energy production portfolio anytime soon, slowdowns in wind production will not have a large impact on power availability in the foreseeable future.

Looking at Our Current Use of Power

Another aspect of Michigan's power future is to consider the ways in which we currently use the power supply that we have. In my next post I'll talk about the smart grid options for Michigan and for the country; but making our power distribution smarter and smaller is one of the solutions being looked at by many energy experts.

On a more immediate note, what many communities have already done is to encourage consumers to shift the times that they use their most power-hungry appliances. Currently, this model is only in place for industrial customers here in Michigan, but in other states general consumers are charged different rates according to the times during which they use power. I'll include more about this in the next post.  Meanwhile, a question for readers: do you think you would shift the times during which you use power-hungry appliances in order to pay a lower power rate?

Do you screen your recycling center?

This isn't Michigan specific, but the implications are local. Have you ever recycled a monitor, a laptop computer--any kind of screen?  Are you sure it was recycled? What does recycling mean, exactly, to you?

I can't embed the video right now, but follow the link below to see the coverage from 60 Minutes of a story about the fates of "recycled" electronics. This isn't the only story on this topic, but it's a good one.

60 Minutes: China's Wasteland of Toxic Consumer Electronics Revealed

The folks handling our waste in this particular town are less likely to have successful pregnancies. They have more cancer. They have painful looking sores on their hands. The whole town is toxic. Is this an environmental justice issue, or rather environmental injustice?

I have three--count them, three-- old laptops at home that I haven't disposed of because I haven't gotten around to wiping the hard drives. But now, I'm pretty sure they'll stay in my closet for a long time--until I know exactly where they are going. 

What can we do locally to ensure environmental justice, particularly in regards to electronic waste, but more broadly, as well?

Coal Power and The Future of Energy in Michigan

I had the opportunity last week to sit down with Tremaine Phillips of the Michigan Environmental Council  to talk about power and energy in Michigan. He explained more extensively the present situation and future of energy that MEC sees for the state. But first, a question on the minds of many consumers: if it works, why fix it?

Well, it doesn't really work, or at least not efficiently. There are a number of problems with the way power is currently produced and sold here in Michigan and nationally. Though the pollution generated by coal-fired generators may be the most obvious, it's not the only problem. Here are three more to think about.

New Plants=Profits.

Many coal plant projects across the state, including the Lansing Board of Water and Light's recent proposal, are losing steam due to dropping electricity demand, lack of financing, incoming carbon dioxide regulations and public pressure (such as the Lansing Can Do Better Campaign). Phillips, however, believes that Michigan utilities will continue to push for the construction of large baseload coal generation in the future. Utility companies make money when they build new plants, as they can request increased consumer rates in order to recover the costs of new projects. It would seem that increasing rates, and thus profits, would be quite an incentive to company executives to build a new plant.

Power sales need decoupling.

That's not the only way that the profit structure is faulty. Now, says, Phillips when a company like DTE encounters less demand-- say, from the combination of the foreclosure crisis and a cooler-than-usual summer, and a declining stock market-- the utility companies then may ask for a rate increase from the Michigan Public Service Commission to recover lost revenue.  In other words, when less power is bought, the price of power goes up. "Decoupling" price, and more importantly, utility companies' profits, from amount of power used, would encourage them to be what Phillips called "Energy Service Companies." They would potentially then have more interest in energy efficiency and conservation.

Current Forecasts for MI Energy Future May Be Inaccurate

Whichever way you look at Michigan's population figures, it seems that the state is losing people-- both in pure numbers and in the percentage of United States citizens that live here. But when it comes to power demands, individual households are only part of energy demand. Large companies like General Motors make up a large portion of, for example, Lansing's power demand. (In 1992, GM represented about 25% of the BWL’s annual sales. Today, GM represents about 12%). As you may have noticed, GM is cutting back production these days.

The reports currently being used to predict energy usage in the next few years were published in 2007. The document being used most frequently by Michigan utility companies to predict future demand is called the 21st Century Energy Plan.

Phillips writes:

The Energy Plan’s assumption of 1.2% annual load growth in Michigan looks increasingly out of date (many utilities across the country are seeing a decrease in demand) and many energy experts see a need to update the 21 Century Energy Plan and other energy forecast reports. 

What does all this mean? Well, for a start, it wouldn't hurt to learn more about the way decisions are made by the state's biggest energy suppliers. It wouldn't hurt to consider the questions asked by, then answered by, BWL on their webpage, about the proposed new plant. Are there more questions that need asking? What about the jobs argument--that a new plant will bring construction jobs and support the economy?  I'd like to hear from readers on this one.

Coming in the next post on this topic: Just how big is demand for power here, and what might both demand and production look like in the future?  What's next?