The Mackinac Straits Oil Pipeline Lessons for Advocacy & Policy Mike Shriberg, Ph.D. Great Lakes Regional Executive Director, National Wildlife

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1 The Mackinac Straits Oil Pipeline Lessons for Advocacy & Policy Mike Shriberg, Ph.D. Great Lakes Regional Executive Director, National Wildlife Federation

2 Enbridge Lakehead Pipeline System

3 Superior, Wisc. Line 5 Constructed in miles long Runs from Superior, Wisconsin to Sarnia, Ontario 4.5 miles Slide adapted from University of Michigan Law Student Presentation Sarnia, Ontario. Carries light crude oil, light synthetic crude, and natural gas liquids (refined into propane) 4.5 miles of the pipeline is submerged beneath the Straits of Mackinac, where it splits into two parallel pipelines

4 Hidden in Plain View

5 Enbridge Safety Record Between 1999 and 2010 Enbridge had more than 800 pipeline spills As of 2011, Line 5 had at least 2,400 known defects Enbridge has inspected less than 12% of the known defects 222,600 gallons Line 5 has 15 documented failures in the past 30 years Enbridge only inspects the pipeline once every 2 years at the most 860 gallons Adapted from a University of Michigan Law Student Presentation

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7 University of Michigan Spill Modeling

8 Line 5: Michigan s Top Environmental Story Slide created by Jim Lively at Groundwork Center for Resilient Communities

9 Oil and Water Don t Mix Partner Organizations Les Cheneaux Watershed Council Slide created by Jim Lively at Groundwork Center for Resilient Communities 9

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11 Risk Assessment Slide created by FLOW for a presentation at the Healing Our Waters Great Lakes Conference

12 Alternatives Analysis Great Lakes Commission Michigan Petroleum Pipeline Taskforce Report Slide created Enbridge by FLOW Energy for a presentation at the Healing Our Waters Great Great Lakes Lakes Conference Commission

13 Easement Violations

14 Inadequate Emergency Response for a Spill John McCormick

15 Two Lawsuits IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN NATIONAL WILDLIFE FEDERATION, Plaintiff, NATIONAL WILDLIFE FEDERATION, Plaintiff, v. v. ADMINISTRATOR OF THE PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, in her official capacity, Defendant. SECRETARY OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, in his official capacity, Defendant.

16 Legal Bases for Lawsuits PHMSA The Endangered Species Act ( ESA ) The National Environmental Policy Act ( NEPA ) The Clean Water Act ( CWA ) / Oil Pollution Act of 1990 ( OPA ) Secretary The Clean Water Act ( CWA ) / Oil Pollution Act of 1990 ( OPA )

17 Endangered Species Act ESA A federal agency must insure that any action authorized is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat. Inventory: federal agencies must ask the U.S. Fish and Wildlife Service whether any species listed or proposed to be listed may be present in the area of proposed action. Biological Assessment: if species listed or proposed to be listed are present, then a biological assessment must be conducted Consultation: federal agencies must consult with the FWS whenever their actions may affect a listed species or its critical habitat

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20 Lake Superior Ontario 2014 Michigan Great Lakes Wisconsin Lake Huron Piping Plover Lake Michigan Michigan Population Nesting Sites

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22 National Environmental Policy Act NEPA A federal agency must prepare an EIS when it makes a proposal to take major federal action that raises substantial questions whether that action may significantly affect the environment. o Federal action: The approval of a facility response plans is a major federal action because, without federal approval, a facility may not handle, store, or transport oil. o Substantial questions: Enbridge has conceded that Line 5 could reasonably be expected to cause significant and substantial harm to the environment by discharging into or on navigable waters or adjoining shorelines.

23 The Oil Pollution Act Requires owners and operators of onshore and offshore pipelines to get approval of a facility response plan from the federal entity with approval authority PHMSA Has authority only to approve plans for onshore pipelines Secretary Only official authorized to approve plans for offshore pipelines

24 Breaking News: Great Lakes Business Network Formed

25 Breaking News: Bad River Band Rejects Line 5 Easements

26 NGOs & Pipeline Safety Regulation? A Case Study from the Straits of Mackinac, Michigan Mike Shriberg, Ph.D. Great Lakes Regional Executive Director, National Wildlife Federation