Governor Whitmer, DNR take action to revoke Enbridge easement, shut down Line 5 dual pipelines through Straits of Mackinac; AG Nessel files new lawsuit

By Michele Bourdieu 

The Enbridge Line 5 Pipeline under the Straits of Mackinac. (File photo courtesy National Wildlife Federation)

LANSING -- Today, Governor Gretchen Whitmer and Department of Natural Resources (DNR) Director Dan Eichinger notified Enbridge that the 1953 easement allowing it to operate dual pipelines in the Straits of Mackinac to transport petroleum and other products is being revoked and terminated. 

They also filed a lawsuit asking the Ingham County Circuit Court to recognize the validity of this action. The state is revoking the easement for violation of the public trust doctrine, given the unreasonable risk that continued operation of the dual pipelines poses to the Great Lakes. Moreover, the state is terminating the easement based on Enbridge’s persistent and incurable violations of the easement’s terms and conditions.

The Notice of Revocation and Termination of the 1953 Easement requires Enbridge to cease operations of the dual pipelines in the Straits by May 12, 2021, allowing for an orderly transition that protects Michigan’s energy needs over the coming months.

"Here in Michigan, the Great Lakes define our borders, but they also define who we are as people. Enbridge has routinely refused to take action to protect our Great Lakes and the millions of Americans who depend on them for clean drinking water and good jobs. They have repeatedly violated the terms of the 1953 easement by ignoring structural problems that put our Great Lakes and our families at risk," said Governor Whitmer. "Most importantly, Enbridge has imposed on the people of Michigan an unacceptable risk of a catastrophic oil spill in the Great Lakes that could devastate our economy and way of life. That’s why we’re taking action now, and why I will continue to hold accountable anyone who threatens our Great Lakes and fresh water." 

The Great Lakes are home to 21 percent of the world’s fresh surface water. They supply drinking water for 48 million people, including 5 million here in Michigan, and support 1.3 million jobs that generate $82 billion in wages annually across the US. In Michigan, the Great Lakes support over 350,000 jobs. An oil spill in the Great Lakes would put families and small businesses across the region at risk.

"After spending more than 15 months reviewing Enbridge’s record over the last 67 years, it is abundantly clear that today’s action is necessary. Enbridge’s historic failures and current non-compliance present too great a risk to our Great Lakes and the people who depend upon them," said DNR Director Dan Eichinger. "Our number one priority is protecting the Great Lakes and we will continue to work with our partners across Michigan in pursuit of that objective."

AG Nessel files lawsuit in support of State's Notice to Enbridge

Michigan Attorney General Dana Nessel’s office, on behalf of Gov. Gretchen Whitmer and the Michigan Department of Natural Resources, filed a new complaint in Ingham County Circuit Court today seeking to revoke and terminate the easement granted by the State in 1953 that allows Enbridge to operate its dual pipelines on the bottomlands of the Straits of Mackinac. The new lawsuit will bring claims in addition to Nessel’s lawsuit filed in 2019 seeking the shutdown of Line 5, which remains pending before Judge James Jamo.

"I commend Gov. Whitmer and Director Eichinger for their forceful actions today to address the grave threat posed by Enbridge’s unlawful operation of its pipelines in the Straits of Mackinac," Nessel said. "With the steps they took today, Gov. Whitmer and Director Eichinger are making another clear statement that Line 5 poses a great risk to our state, and it must be removed from our public waterways. The arguments they are making to revoke the easement based on the public trust align with those outlined in my office’s pending lawsuit in Ingham County Circuit Court which seeks to shut down Line 5 to avoid an environmental catastrophe. Because Enbridge has repeatedly violated the terms of its easement, including its duty to exercise due care for protecting public and private rights, termination of the easement is also appropriate and provides another reason to shut down Line 5. I am pleased to support the Governor and the DNR by filing a new lawsuit today that asks the Ingham County Circuit Court to uphold their actions and enforce them. Simply put, Michigan law requires that the pipelines be shut down and the Notice provides a timely and orderly process for achieving that."

The state is revoking the 1953 easement for violation of the public trust doctrine. This body of law recognizes the State of Michigan as the "trustee" of the public’s rights in the Great Lakes and lays upon the state legal obligations to protect those rights from any impairment. The state found that the 1953 easement violated the public trust doctrine from its inception because the easement does not make the necessary public trust findings. Moreover, the state also found that the continued use of the dual pipelines cannot be reconciled with the public's rights in the Great Lakes and the State's duty to protect them.

Native, environmental groups applaud State action

Andrea Pierce, member of the Little Traverse Bay Bands of Odawa Indians and chair and founder of the Michigan Anishinaabek Caucus, said Line 5 has for many, many years been a ticking time bomb putting the largest source of fresh water in danger.

"We are so happy that the Governor has kept her promise to the people of Michigan to shut down line 5!" Pierce told Keweenaw Now today. "Miigwetch Thank You to Governor Whitmer and Director Eichinger for protecting the Great Lakes and our future."

Lisa Patrell -- also a member of the Michigan Anishinaabek Caucus, and co-founder of Washtenaw 350, an environmental conservation organization -- expressed gratitude for Governor Whitmer's action against Enbridge.

"I am grateful to Governor Whitmer for making a decision that is in the best interest of Michigan," Patrell said. "Water Protectors can celebrate this milestone, but the fight to prevent the tunnel continues. The Army Corps of Engineers is hosting a Hearing on December 7.  Water Protectors will be there, too, and watching Enbridge until the May 2021 decommissioning."

Martin Reinhardt, Northern Michigan University professor of Native American Studies and citizen of the Sault Ste. Marie Tribe of Chippewa Indians, thanked the Governor and the State of Michigan for this important step. "The State of Michigan, under Governor Whitmer's leadership, took an important step today in supporting the health of the Great Lakes Region for all of us now and into the future," Reinhardt said. "Ordering the shutdown of Enbridge's Line 5 was the responsible thing to do. Short term economic gain at the cost of long term ecological harm is never the best choice. Chi-miigwech (many thanks) for protecting those whose voices are often not heard including Indigenous peoples and the animals and plants."

Regina Gasco Bentley, tribal chairperson at Little Traverse Bay Bands of Odawa Indians, said, "At a time of uncertainty tribes have led the charge by taking initiative to protect our waters. We have been an example of what communities can accomplish when we work together. A victory for water is a victory for our life. We are also incredibly grateful for Governor Whitmer -- for our relationship with her, her leadership and willingness to always do what is right."

Oil and Water Don't Mix -- a coalition of community groups, organizations and businesses concerned with the threat of Enbridge's Line 5 through the Straits of Mackinac -- expressed enthusiastic support of the State's decision.

Oil and Water Don't Mix posted this victory photo on their Web site today. (Photo courtesy oilandwaterdontmix.org) 

"Governor Whitmer’s decisive action today to shut down Line 5 fulfills her public trust duty to protect the Great Lakes," said Sean McBrearty, campaign coordinator for Oil and Water Don’t Mix. "Enbridge has played fast and loose with their duty of care for these dangerous oil pipelines, and the governor is holding them accountable for their irresponsible behavior that threatens the Great Lakes every single day. Michiganders who care about the Great Lakes and our northern Michigan economy -- and that’s certainly all of us -- welcome the governor’s strong actions that put Michigan and Great Lakes first."

McBrearty, who is also Michigan Legislative and Policy Director for Clean Water Action, a grassroots conservation group, said Clean Water Action applauds the action by Governor Whitmer.

"Today is a big day for our Great Lakes," McBrearty said on behalf of Clean Water Action. "We applaud the Governor’s actions to protect Michigan residents and our public trust resources by revoking the 1953 easement and shutting down the Line 5 pipeline. This is yet another example of Governor Whitmer putting the health and safety of Michiganders first and fulfilling the promises she made to voters in 2018. For 67 years, this pipeline has risked our most precious natural resources and has spilled a cumulative total of over 1 million gallons of oil. With the Governor's actions today, this dangerous pipeline will no longer threaten our Great Lakes, the drinking water source of millions of Americans. Thank you to Governor Whitmer for her tremendous leadership."  

Liz Kirkwood, executive director of FLOW (For Love of Water), sent an email to fellow water protectors today calling the Governor's action a victory for the Great Lakes and thanking concerned citizens, tribes and groups for their work and persistence in opposing the danger of a potential oil spill from Line 5. 

"As public trustees of our waters, the State of Michigan is affirmatively upholding the rule of law and protecting the public’s treasured Great Lakes from the clear and present danger of an oil spill catastrophe from Enbridge’s Line 5 pipeline," Kirkwood writes. "This is an historic day of state leadership by the Whitmer administration brought about by many years of dedicated action by environmental groups, Indian tribes, communities, businesses, faith communities, families, and individuals like you who gave life to this Great Lakes movement."

Kirkwood also gave special thanks to Oil and Water Don't Mix and the National Wildlife Federation for their work in calling attention to the dangers posed by Line 5.

"While this is a moment to celebrate, we must remain vigilant until the oil stops flowing for good in May 2021 because Line 5 remains exposed to uncontrollable and powerful forces, including exceptionally strong currents, lakebed scouring, new anchor and cable strikes, and corrosion. These forces dramatically increase the risk of this elevated, outdated pipeline collapsing and causing the unthinkable: a catastrophic oil spill in the heart of the Great Lakes," Kirkwood added.

Jannan Cornstalk, a citizen of the Little Traverse Bay Bands of Odawa Indians and organizer of several Pipe Out Paddle protests against Line 5 near the Mackinac Bridge as well as Water Is Life celebrations, said she is looking forward to a celebration at the Straits during these events in the coming year.

"Our water is sacred and much respect to all those who have remained vigilant, said prayers, written letters, hosted events and continued to do things in a good way," Cornstalk told Keweenaw Now. "Action and raising awareness were essential, and the support of people from all walks of life is what collectively makes our life high quality. Chii- Miigwech to the Creator of all things and to Niibi."

Michigan Tech Professor Miguel Levy, who participated in some of the Pipe Out Paddle protests against Line 5 at the Mackinac Bridge, said the Governor's action is good news.

"The movement forced the issue. But the logic of corporate profit-making will continue to threaten and harm the environment through other channels," Levy said. "Let's build the movement against fracking and the Midwestern sand mines feeding the fracking industry." 

Matthew Borke, a water protector and Flint resident, who served as a chef during the Standing Rock protests against the Dakota Access Pipeline, reacted to the news by saying, "I will only begin to dance when there are No Pipelines in the Great Lakes. Energy Transfer and Enbridge are two heads of the same Snake."

Borke recently filed a federal Civil Rights case against the owner operators and security teams of what the NoDAPL (No Dakota Access Pipeline) Movement calls "The Black Snake." 

Line 5: Unacceptable risk

Transporting millions of gallons of petroleum products each day through two 67-year old pipelines that lie exposed along the entire span of a busy shipping channel presents an extraordinary and unacceptable risk. As recent events have confirmed, this threat is very real. For example, in April 2018, the pipelines were struck and dented in three different locations by an anchor inadvertently dropped and dragged by a commercial vessel. Then, in June 2020, Enbridge disclosed that the pipelines had again been struck sometime in 2019 by anchors or cables deployed by nearby vessels, damaging pipeline coatings and severely damaging a pipeline support. Four of the five vessels potentially responsible for the impacts were operated by Enbridge’s own contractors.

This is one of a group of photos of damage to an anchor support on the east leg of the Line 5 pipelines, discovered in June 2020. The photos were sent by Enbridge to EGLE (the Michigan Department of Environment, Great Lakes and Energy) and DNR. (File photo courtesy Enbridge Energy)*

In addition, the state is terminating the 1953 easement because Enbridge has repeatedly and incurably violated its terms. The easement requires Enbridge to exercise due care in operating the pipelines, and also requires Enbridge to satisfy numerous specific conditions, such as ensuring that the pipelines are physically supported at least every 75 feet, are covered by a multi-layer coating to prevent corrosion and other physical damage, and are within certain curvature limitations. Enbridge, however, has failed for decades to meet these obligations under the easement, and these failures persist and cannot be cured. For these and other reasons, the state is revoking and terminating the 1953 easement.

Today’s action to revoke and terminate the 1953 easement is the culmination of a careful review of Enbridge’s compliance with the easement, the threats posed by the continued operation of the dual pipelines, and the state’s energy supply. On June 7, 2019, the governor issued Executive Order 2019-14, creating the UP Energy Task Force to assess the region’s energy needs and alternative sources of supply. The Task Force issued a report on April 17, 2020.** Moreover, on June 27, 2019, the governor directed the DNR to undertake a comprehensive review of Enbridge’s compliance with the 1953 easement. That review is now complete and supports this action.

The state’s action today to revoke and terminate the 1953 easement for the dual pipelines through the Straits of Mackinac does not prevent Enbridge from continuing to seek the necessary legal approvals to construct a tunnel.

To view documents relating to today’s announcement, click the links below:

State of Michigan v. Enbridge, Complaint (11.13.20).pdf

Notice of Revocation and Termination of Easement (11.13.20).pdf  

Cover letter (11.13.20).pdf

Attorney General Nessel's new lawsuit

Editor's Notes:

* See our June 25, 2020, article, "UPDATED: Judge orders Enbridge to cease Line 5 operations following recent damage."

** Click here for info on the UP Energy Task Force. For the Task Force April 17, 2020, report, click here.

Inset photos: Governor Gretchen Whitmer, DNR Director Dan Eichinger, Attorney General Dana Nessel. (Photos courtesy michigan.gov)

Native Americans not "Something Else" -- Native leaders call for CNN to apologize

From Michigan Anishinaabek Caucus
November 9, 2020

CNN's poll board announcing election results last week included Native Americans in a percentage labeled as "Something Else." (Photo courtesy Michigan Anishinaabek Caucus)

INDIAN COUNTRY, November 9, 2020 -- Caucuses of the Democratic National Party call for a formal apology from CNN for a dismissive poll board that discounted the impact of the Native American vote and, more importantly, dehumanized the Native community.

The Native American vote’s impact in critical states around the country are well documented by relevant organizations on the ground and leaders within the community. Battleground states like Nevada, Arizona, and Michigan have been decided by critical margins. Community engagement by Tribal leadership, organizers, and volunteers produced historic General Election results.

The Navajo Times reported on Nov. 5 that the success of turning Arizona blue is credited with the Native American vote. Michigan, which also flipped blue, has the highest population of Native Americans east of the Mississippi. Over 100,000 Native Americans were called to vote, and understood that sovereignty was on the ballot.

States across the Country (Arizona, Michigan, Nevada, etc.) have prominent Native communities and are engaging in a critical fight for support and recognition of circumstance.
Native Americans have been insulted by non-Natives on their own ancestral land for hundreds of years. Many Elders alive today were subject to the United States' first parent-child separation policy, otherwise known as Indian Boarding Schools. The Constitutional documented rights of Native Peoples have been constantly disrespected and ignored. Narratives perpetuated by the media contribute to the continued erasure of our peoples and the invisibility of our communities.*

CNN’s dismissive reference of the Native American vote as "Something Else" is not a small injury. It continues the abuse of the Native American identity. It is akin to Trump referring to the Michigan’s Governor as "that woman."

CNN is called to make a public apology and to engage in critical conversations that identify the unique experiences of Native American peoples and their contributions to the 2020 General Election. Native American cultures are something all Americans can be proud of, even though only Native Americans can claim them as their own.

Andrea Pierce, Chair, Michigan Anishinaabek Caucus of the Michigan Democratic Party

Brian Melendez, Chair, Nevada Statewide Native American Caucus of the Nevada State Democratic Party

Joseph Vital, Chair, Native Peoples Caucus of Minnesota DFL

Crystal Cavalier, Chair, North Carolina Democratic Party, Native American Caucus

Dr. Twyla Baker
Prairie Rose Seminole
Rep. Ruth Buffalo

Interim co-Chairs, North Dakota Native American Caucus - Dem-NPL

* Editor's Note: The Native American Journalists Association (NAJA), on Nov. 5, also demanded an apology from CNN. See "NAJA demands CNN apologize for using "something else" to describe Native voters."

See also: "The Power of the "Something Else" vote," by Nick Martin, published Nov. 6, 2020, in The New Republic. 

Western Upper Peninsula Health Department prioritizes case investigation for COVID-19

HANCOCK -- The Western Upper Peninsula Health Department (WUPHD) is notifying residents in Baraga, Gogebic, Houghton, Keweenaw and Ontonagon counties that over 750 cases were added within the five-county jurisdiction in the last three weeks, placing a significant strain on resources. Even with assistance from partner organizations, capacity has been reached. Individuals and their close contacts may not receive a call from the WUPHD.

Effective immediately, in order to maximize staffing resources and prevent outbreaks amongst vulnerable individuals, the WUPHD will begin prioritizing case investigation to notify these individuals:

• Those who are Age 65 and older, especially those with chronic underlying conditions;
• Children who are 18 years old and younger, especially those attending school in-person;
• Individuals residing in congregate living environments, such as long-term care facilities;
• All other individuals as capacity allows.

Residents are urged not to wait for the Health Department to call, but to take personal responsibility and action if someone becomes aware of a positive test result or potential exposure to COVID-19. 

Individuals notified that they are positive or probable COVID-19 should do the following:

• Isolate for 10 days from the onset of symptoms or 10 days from the day a positive test sample was collected if you don’t have symptoms. After 10 days, if your symptoms have improved (note symptoms do not need to be fully resolved, but overall improvement is required), and you are fever-free without the use of medications, it is OK to return to normal activities. If you are still feeling sick, please consult with a medical professional as some people can be contagious for a longer period.
• Please do your best to isolate away from the other members in your household to prevent them from contracting the virus.
• Notify your employer or school that you are a COVID-19 case.
• Notify all of your close contacts and ask that they quarantine for 14 days: a close contact includes those that you have been within 6 ft. of for more than a total of 15 minutes any day you were contagious which is two days before symptoms begin or 2 days prior to a positive test if you are asymptomatic.

If you are a Close Contact you should do the following:

• Quarantine for 14 days from your last contact to the COVID-19 case. If you develop symptoms you should get tested and isolate away from other household members.
• Please notify your employer or school that you are a close contact and need to quarantine.
• If you are a close contact and considered an essential worker, please work with your employer to determine your return to work procedure.
• Please note receiving a negative COVID-19 test as a close contact does not mean that you will not get symptoms or test positive at a future time within your quarantine period. You need to complete the full 14-day quarantine period even if you do not develop symptoms.

The Health Department will continue to conduct case investigation and contact tracing in nursing homes, schools, high-risk congregate settings and will assist businesses with COVID-19 related issues.

Letters to employers will no longer be issued; therefore if you are an employer seeking confirmation regarding employees please call the WUPHD office at (906) 482-7382 to be given verbal confirmation.

For COVID-19 testing or medical concerns please reach out to your healthcare provider or a local healthcare facility for further guidance. In case of a medical emergency call 911.

For resources on how to stay safe during the pandemic visit https://www.wupdhd.org/, https://www.michigan.gov/coronavirus, and https://www.cdc.gov/coronavirus.

Michigan Courts defend fair ballot counting, dismiss Trump Campaign's election lawsuit

LANSING -- Today, Nov. 6, 2020, Michigan Courts ruled in favor of Michigan fair ballot counting and in defense of Secretary of State Jocelyn Benson. Attorney General Dana Nessel supports the judges' rulings.

3rd Circuit Court ruling notes fair ballot counting in Michigan

Late this afternoon Timothy Kenny, chief judge of Michigan’s Third Circuit Court, denied a petition seeking preliminary injunctive relief that would have required Detroit and Wayne County to retain all ballots and poll books and would prevent the Wayne County Board of Canvassers from certifying election results.

In his decision in Stoddard, et.al. v City Election Commission of the City of Detroit, et.al., Judge Kenny said, "Plaintiffs’ allegation is mere speculation … and are unable to meet their burden for the relief sought."

Michigan Attorney General Dana Nessel’s Press Secretary Ryan Jarvi issued the following statement on this case:

"Chief Judge Kenny’s quick decision mirrors a decision yesterday by Court of Claims Judge Stephens -- specifically, that, once again, the allegations are mere speculation. The swift, clear and decisive opinion should put to rest the meritless claims that have been made in Michigan and other states around the country. We have always been committed to a fair, transparent and secure election that ensures every legal vote is counted -- and we will continue to do that."

Click here to view a copy of Judge Kenny’s opinion.

Michigan Court of Claims issues opinion denying Trump campaign's requests in election lawsuit

Michigan Court of Claims Judge Cynthia Stephens issued her

opinion today in Trump v Benson, the lawsuit filed by the Trump campaign against Michigan Secretary of State Jocelyn Benson.

Judge Stephens denied plaintiffs' requests after she held a hearing and listened to arguments Thursday, during which she ruled the Trump campaign's lawsuit was unlikely to succeed on the merits. Michigan Attorney General Dana Nessel’s Press Secretary Ryan Jarvi released the following statement:

"The Trump campaign’s lawsuit demonstrates either a failed attempt by plaintiffs to cobble together a legitimate claim, or their clear lack of understanding of Michigan’s election laws. The Court correctly described the campaign’s claims as nothing more than hearsay, and our office will ask the Court to dismiss this meritless lawsuit. The will of voters is what matters in this election, and their ballots in Michigan have been counted in a transparent, fair and accurate manner."

Click here to view a copy of Judge Stephens' opinion.

Inset photos: Attorney General Dana Nessel (above left); Secretary of State Jocelyn Benson (above right). (Photos courtesy michigan.gov)

U.P. Energy Task Force to meet online Nov. 6

The U.P. Energy Task Force is to meet online Friday with scheduled presentations about the integrated resource planning process for electric utilities and programs in Michigan that offer financing for business and residential energy efficiency projects.

The Task Force is to meet beginning at 1 p.m. Friday, Nov. 6. Following the presentations and discussion among Task Force members, ample time has been scheduled for public comment on Upper Peninsula-related energy topics.

Those interested in joining the meeting can click on the Microsoft Teams link on the U.P. Energy Task Force webpage. Those who do not have Internet access can use a phone to participate in the meeting by dialing 248-509-0316 and entering the conference ID 425 816 987#. People who need special assistance to participate can contact Kimber Frantz at 517-284-5035 or FrantzK@Michigan.gov in advance of the meeting.

Members of the public who wish to speak at the meeting are asked to send an email to EGLE-UPEnergy@Michigan.gov with "Request for Public Comment During November Meeting" in the subject line and your name. Members of the public who attend the meeting but who did not submit their names ahead of time will be still be allowed to make a comment. Each speaker will have a three-minute time limit.

Comments regarding the work of the UP Energy Task Force can also be submitted to EGLE-UPEnergy@Michigan.gov.

State regulated utilities are required by law to file integrated resource plans with the Michigan Public Service Commission. The plans outline how a utility will provide reliable, cost effective electric service to its customers in the future while also addressing the industry’s risks and uncertainties.

The U.P. Energy Task Force must submit its report on overall U.P. energy issues and alternatives to Gov. Gretchen Whitmer by March 31, 2021. In April, the Task Force sent to the Governor its recommendations on propane availability in the U.P. 

Friday’s meeting is being held in accordance with Gov. Whitmer’s and the Michigan Department of Health and Human Services’ recommendations designed to help prevent the spread of Coronavirus Disease 2019 (COVID-19).

UPDATED: Faith leaders, law enforcement discuss "Keeping Disagreement Civil"

By Michele Bourdieu

Panelists for the Oct. 27 webinar, "Keeping Disagreement Civil," included law enforcement and faith community leaders, who discussed ways to communicate peacefully with neighbors who express opposing views and to avoid conflicts during public events such as protest marches and voting. (Photo by Keweenaw Now)

HOUGHTON -- Communication with law enforcement, shared responsibility, and respect for people with opposing views were some of the suggestions for improving community practices discussed during the Oct. 27 local webinar, "Keeping Disagreement Civil." Hosted by Keweenaw Faiths United and Cooperative Campus Ministries, the online conversation brought together law enforcement officials, clergy, lay leaders, and -- sometimes anonymous -- members of the public who tuned in to listen or to participate by asking questions.

The panelists included these representatives from local law enforcement: Houghton County Sheriff Brian McLean, Hancock Police Chief Wayne Butler, Houghton Police Chief John Donnelly,  Michigan Tech University Police Chief Brian Cadwell, and Sergeant Matt Djerf of Michigan State Police Calumet Post. (All are pictured above except Sheriff McLean, who participated by phone.)

The clergy and lay leaders on the panel, pictured above, were the Rev. Bucky Beach, pastor of Good Shepherd Lutheran Church in Houghton; Paul Mitchell, lay minister of the Keweenaw Unitarian Universalist Fellowship (KUUF); Sarah Semmler Smith, Finlandia University campus pastor; Rick Stanitis, Canterbury House Episcopal Church Ministry; David Holden, Temple Jacob president; and the Rev. Peter Norland, pastor of Portage Lake United Church.

Sarah Semmler Smith, Finlandia University campus pastor, who has lived in the local area for only one year, related to the panel her experience with a local peaceful protest. She had wanted to bring her two daughters, ages 5 and 8, to the event but hesitated bringing them to the march. She said what she had heard about the local "gun culture" led her to wonder about community safety.

Houghton County Sheriff Brian McLean replied that marches here have always been peaceful and it is "foreign to us" to see violent protests in other areas. He noted the only disruption here might be the driver of a truck who intentionally put something in his vehicle to produce smoke as he drove past marchers, in order to harass them.

A young family, one of several with young children, participates in the June 3, 2020, Black Lives Matter march across the Portage Lift Bridge in protest against the death of George Floyd and other victims of racist violence. The Houghton police assisted in directing traffic during this peaceful march. Marchers reported most passing vehicles were supportive and only a few made negative comments. (Keweenaw Now file photo)*

Bucky Beach, one of the organizers of this webinar, asked what peaceful marchers or community members faced with disagreement in the current political climate can expect from law enforcement to keep disagreement from getting out of hand.

Houghton Police Chief John Donnelly said the first step is communication.

"We know the people in the community," Donnelly said.

He estimated that 90 percent of people in this small community are on a first-name basis with someone in law enforcement.

Michigan Tech University Police Chief Brian Cadwell added that the First Amendment requires being sure people have a right to express their opinions, even though opposing sides, especially recently, don't want to listen to each other. People need to tolerate opposing opinions.

Panelists discuss "open carry" of firearms

Semmler Smith's mention of the "gun culture" led to a discussion on Michigan's "open carry" law and the recent attempt by Secretary of State Jocelyn Benson to require that citizens not bring a firearm any closer than 100 feet to a polling place during the election. McLean referred to a court that recently found her rule unconstitutional. However, Michigan Attorney General Dana Nessel recently announced that her office is appealing that court's ruling to the Michigan Supreme Court.** See UPDATE below.***

Donnelly replied to a question from a listener, read by Bucky Beach, on the laws concerning bringing a firearm to a protest or a polling place. Donnelly noted what is legal and not legal at a polling place (open carry vs concealed carry) is not as cut and dried as you'd expect.

"I know in our area one of the things that we were told by some of our election officials is if they see someone displaying a weapon they're going to ask them not to display it there," Donnelly said, "and if they choose to continue to do that they'll probably give us a call so there'll be a level of comfort there."

Donnelly added that people who open carry a weapon to a protest are usually well versed in second amendment rights so they are careful not to cross the line to "brandishing" a weapon, which is a felony that would cause them to lose those rights.

"I know that's not very comforting to a lot of people, but we hope that is what will keep them from stepping over on that," Donnelly said.

Rev. Peter Norland, pastor of Portage Lake United Church, asked if the law is the same for open carry at a polling place as at a protest.

Sheriff McLean said the law is one and the same in both instances throughout the state.

"Legally we can't tell them they can't do it," McLain said, "and it doesn't matter if it's a pistol strapped on their hip or a rifle slung over their shoulder."

He noted there are places of worship and schools where guns are not allowed, which can be complicated if that school or place of worship is used as a polling place, especially if school is in session.

Bucky Beach asked where the line is drawn between open carry and "brandishing" a weapon.

Donnelly gave some examples of displaying the weapon in a way that makes people feel threatened. Sergeant Matt Djerf of Michigan State Police said "brandishing" is any kind of threatening gesture made when the weapon is produced. Cadwell said "brandishing" is waving the weapon about in order to induce fear.

Communication with law enforcement

Another question from a listener, read by Beach, asked about racist or other incidents in which a law enforcement officer acts in an inappropriate way and whether there are complaint channels for that.

Djerf replied that the State Police would ask people to come in and talk to them first or they can contact the internal affairs bureau in Lansing, and speak with them. An investigation would be possible.

"We have some pretty strong guidelines for us ... a code of conduct," Djerf said.

Sheriff McLean also noted citizens can call the Sheriff's office or leave a message on their Web site any time if there is a complaint about police behavior. Police are expected to be apolitical. He noted he and his officers met protesters at the beginning of the June 2020 Black Lives Matter march and greeted them in a friendly way, even those carrying signs critical of police.

During the June 3, 2020, march for Black Lives Matter, Houghton Patrolman Nathan Kinnunen, with his bicycle, watches traffic and marchers for safety at the Houghton end of the Portage Lift Bridge. Another patrolman is stationed on the opposite side of the street. (Keweenaw Now file photo)

David Holden of Temple Jacob asked about outside agitators who might be stirring up emotions at a protest or causing vandalism (which occurred at Temple Jacob recently).

McLain noted if citizens suspect outside agitators may be causing problems, they need to be good witnesses, take down license plate numbers or other information and notify police.

"Don't be afraid to call us," Donnelly added.

A question from one of the webinar listeners asked if any of the larger faith organizations were asking their ministers to counsel congregants to refrain from disruptive behavior.

Paul Mitchell, KUUF lay minister said this webinar conversation was intended to answer not only how faith leaders can establish expectations of civil behavior in their own congregations, but how they can extend those expectations into the community outside their own congregations, since laws are limited.

"If we have a community with expectations that says, 'Hey, toting guns around doesn't help the police and it doesn't help the rest of the protesters. Nobody really wants you to carry your gun around,'" Mitchell said. "We don't want our congregants to be disruptive in terms of carrying guns around."

A listener's question directed at law enforcement asked if they had coordinated a plan in case dissatisfaction with the election results should lead to violence.

Sheriff McLean said his own agency wasn't aware presently of anyone on their radar who might cause such a problem.

"I don't expect it to happen, but we're not going to close our eyes and say it couldn't happen. It certainly could," McLean said. "Once the polls close and the votes are counted, could it send somebody over the edge? Yes, it could. I just don't know. But we're aware of it."

Beach noted a question from a listener on masks and enforcement, adding he had heard of incidents of anger over masking or not masking. He asked if enforcement of a law requiring masks is up to the Health Department or law enforcement.
 
McLain said right now it's the Health Department.

"If by chance the governor and the senators and the congressmen get together and they pass a law and the governor signs it into law, then it would be on law enforcement," McLain said. "I would think each department better hire half a dozen to a dozen more officers (for enforcement)."

Recommendations for avoiding conflict

Beach then asked for recommendations from the law enforcement panelists on how ordinary citizens, who are not law enforcement, should act in the presence of conflicts.

"When do we call you? When do we just walk away? When do we engage with a conversation?" Beach asked.

Donnelly said he believed a conversation with someone who is dead set in his/her opposing opinion (such as whether or not to wear a mask) is not effective.

"I think education is the key. I think communication -- which is what we're doing tonight -- is the key," Donnelly noted. "Heavy enforcement? Oo! We're going to run into conflict there."

Cadwell added, "Anytime it escalates to a situation where it looks like somebody may become violent, give the police a call."

Peter Norland asked if police could give guidance on when to call them when people are feeling uncomfortable in a conflict situation, even though it may not be violent.

"When do we approach that line (of a need to call authorities)?" Norland asked.

Djerf referred to Sarah Semmler Smith's comments on being afraid to take her children with her to a protest, noting that police should take a look at such a situation to see if it's safe.

"One thing we all need to realize," Djerf said, "(is) we can't control somebody else's behavior. We can control our own. And as far as conflict resolution goes, that's a huge thing.

Chief Butler added, "When in doubt, call. That's the best thing to do, because there's nothing worse than being behind the power curve on any investigation."

A situation may need de-escalation because it could lead to something worse, he explained.

Cadwell said it's amazing how people are hesitant to call the police, even when there are panic buttons all over the Michigan Tech campus. They sometimes say later that they didn't want to bother the police.

"Getting bothered is our job," Cadwell added. "It's not a bother."

Beach then asked about making a distinction between de-escalation and deflection, or calming a situation by walking away from it.

"If you can walk away from a situation that's getting bad, why not do that?" Djerf suggested. "There are instances where sometimes you just can't reason with people."

Djerf noted it's important to control oneself, remain professional and calm, keep a low tone of voice, and respect feelings and opinions even if you don't agree with them.

"Having some empathy for people can go a long way. Being an active listener can be important, too," Djerf added. "Listening to them, maybe paraphrasing what they're saying and repeating it back to them. It tells them that you're listening to them."

Mc Lain noted the importance of keeping a distance from people who might seem aggressive or threatening. If it is in a public place, retreat to where other people are. Answer them with a question to get them thinking.

Beach reported a question from a listener on the vulnerability of people of color in the community and asked if police were sensitive to aggression those people might face. 

Cadwell said, especially at Michigan Tech, with its diverse community, police are sensitive to that issue.

"We spend time working and speaking with the underrepresented constituencies on campus -- whether it's the people of color or any others," Cadwell said.

He explained that campus police want to make sure those people who are subjected to any threatening words or actions reach out to police right away so they can determine who is causing the aggression and can resolve the issue.

Beach asked law enforcement panelists if they had additional advice the religious leaders could relay to their communities.

Butler noted respecting the rights of others is important.

"Be safe," he said. "Don't believe everything that you see on social networks."

Donnelly added, "Just because you disagree with somebody doesn't mean you have to be disrespectful to them."

McLean noted the closeness of the Copper Country community and how people help their neighbors, schools, churches and community groups.

"Everybody realizes we live in a very special place," McLean said. "We live in a great community and we want to keep it that way."

Paul Mitchell of KUUF told Keweenaw Now he believed the webinar with law enforcement on keeping disagreement civil was a wonderful first step in shared responsibility.

"We've begun to recognize that it's not just the job of the police to keep us safe," Mitchell said. "It's our obligation as community members to be involved in making our community safe. We need to work with the police and work with each other to make these next few weeks and the coming years safe for disagreement.

"The law enforcement leaders shared their experience in dealing with difficult situations. Their suggestions on deflecting situations -- keeping a calm physically and in your voice, listening and asking  questions and finally walking away when necessary are the beginning steps to de-escalating conflicts. I hope as a community we can work further with law enforcement and others to expand our street-smart community de-escalation IQ."

Bucky Beach of Good Shepherd Lutheran also shared with Keweenaw Now his takeaway from the webinar.

"It is always good to hear law enforcement concerns about the safety of our community," Beach said. "It is their community too. And it's always good for the general public to understand how competent and highly trained our officers are. It helps us all feel confident and I know it helps them feel confident in us, too.

"Whether a society is civil or not is not up to law enforcement officers -- it’s up to each of us. As one panelist said, 'If you want better neighbors, be a better neighbor!'

"And it's always good advice to not engage if someone is acting aggressively toward you. Some of the specifics mentioned were helpful to practice, e.g., lowering your voice, not raising it.  Stepping back rather than forward. Asking questions instead of making counter-statements."

Editor's Notes:

* See our June 6, 2020, article, "Hundreds march across Portage Lift Bridge in peaceful, youth-led protest against racist violence."

** On Oct. 29, 2020, Michigan Attorney General Dana Nessel's Press Secretary Ryan Jarvi issued the following statement in response to the Michigan Court of Appeals decision regarding the prohibition of open carry of firearms at the polls on Election Day:

"We intend to immediately appeal the decision to the Michigan Supreme Court. Just today, a poll released by the Detroit News and WDIV-TV indicated that 73 percent of Michigan voters say openly carried guns should be banned near polling places. The merits of this issue -- which impacts all Michiganders -- deserves full and expedited consideration by our State’s highest court."

*** UPDATE, Nov. 2: Two lawsuits were filed -- and later consolidated -- that challenged the Secretary of State’s directive. On Friday, the trial court granted an injunction in the case, finding that Secretary of State Benson's directive -- that the open carry of a firearm was to be prohibited in a polling place, in any hallway used by voters to enter or exit, or within 100 feet of any entrance to a building in which a polling place was located, in clerk’s offices and absent voter counting boards on Tuesday -- likely violated the Administrative Procedures Act. The decision was immediately appealed to the Michigan Court of Appeals, but that court declined to hear the appeal. An application for leave to appeal was then filed with the Michigan Supreme Court. The state requested an answer from the Supreme Court by 10 a.m. this morning (Nov. 2) considering tomorrow’s election. However, the Michigan Supreme Court has not responded which means the Court of Appeals decision will stand.

"Though I am disappointed that the Supreme Court hasn’t provided guidance in advance of Election Day, it does not change the fact that voter intimidation is still illegal in Michigan," Attorney General Nessel said. "Those who attempt to deter or interfere with someone trying to exercise the fundamental right to vote will be held accountable to the fullest extent of the law."

Benson made a similar statement:

"Voters can go to the polls tomorrow confident that safety is our top priority," Secretary Benson said. "The bottom line is that voter intimidation is illegal under state and federal law. As the Court of Appeals confirmed, anyone who intimidates a voter in Michigan by brandishing a firearm is committing a felony. The Attorney General and I are working with law enforcement to ensure the law is followed statewide." 

UPDATED: Join nonpartisan Vigil for Democracy Nov. 1 in Houghton

This is a non-partisan Democracy event. No signs for any candidate, party, or partisan political issue permitted. Signs encouraging people to vote and reminding all that every vote must count are welcome! Meet at 5:15 p.m. (EST) Sunday, Nov. 1, in parking lot of Grace United Methodist Church, 201 Isle Royale Street, Houghton.

HOUGHTON -- A peaceful, short, nonpartisan, socially distanced "Every Vote Counts" Vigil for Democracy will be held at 5:15 p.m. (EST) on Sunday, November 1, in downtown Houghton, for those who are worried about a contested election. Come out to send the message that no matter who you vote for, each person's vote must count.

Meeting location is the parking lot of Grace United Methodist Church, 201 Isle Royale Street, Houghton. Gather at 5:15 p.m. Speeches at the Courthouse begin at 5:40 p.m. Those who prefer not to walk can meet at the Courthouse. See event map here. The vigil will end around 6 p.m. after brief remarks at the Houghton County Courthouse. Your participation is requested to show our local leaders that Every Vote Counts! Come out to be in community and to kick off election week on the right note.

Wear bright, reflective clothing or reflective tape; bring a headlamp, flashlight, or LED candle. Signs related to the message of the event are encouraged. (Please, no signs about candidates or parties.) Mask wearing and social distancing of 6 feet between households will be strictly required. We encourage those who consider themselves at high risk of COVID or who live with high-risk individuals to stay home. 

UPDATE: For those who cannot join the vigil in person Sunday, light a candle at 5:15 p.m. (EST) and join a livestream of the courthouse remarks at 5:40 p.m. at this link:
https://us02web.zoom.us/j/87003661494

You may call into the event on telephone if you are unable to connect via computer or the Zoom app:
US: +1 301 715 8592 or +1 312 626 6799 or +1 646 876 9923
Webinar ID: 870 0366 1494 

More details on Facebook at: https://fb.me/e/fLkP1U90F

Webinar on "Keeping Disagreement Civil" to offer community conversation Oct. 27

Keweenaw Faiths United, along with Cooperative Campus Ministries, will host the webinar "Keeping Disagreement Civil," on talking with neighbors when we disagree, at 5:30 p.m. Tuesday, Oct. 27. (Logo courtesy Keweenaw Faiths United)*

HOUGHTON -- As a community we disagree on matters of public interest. Stating our opinions and listening to the opinions of others are essential practices in a healthy community. As we all know, right now there are unhealthy conflicts in communities across the country. The Copper Country has wonderful examples of our community working together for the benefit of all. In the coming weeks, how will we keep our disagreements civil? Let's start by talking with one another.

Join this online community conversation webinar at 5:30 p.m. Tuesday, October 27, as local law enforcement, clergy and lay leaders start the discussion on Keeping Our Disagreements Civil.

Panelists include Sheriff Brian McLean, Houghton County Sheriff; Chief Wayne Butler, Hancock Police Department; Chief John Donnelly, Houghton Police Department; Chief Brian Cadwell, Michigan Tech University Police Department; Sergeant Matt Djerf, Michigan State Police; and leaders of local faith communities.

Use this link to join the webinar: https://us02web.zoom.us/webinar/register/WN_NT0kliGERVC5VsNNWmKujA

* To learn more about Keweenaw Faiths United, visit their Web site or their Facebook page.

Rozsa Center to livestream Jazz in New Formations Oct. 23-24

The Rozsa Center will livestream Jazz in New Formations at 7:30 p.m. Friday and Saturday, October 23-24. (Poster courtesy Rozsa Center for the Performing Arts) 

The reality is that all music has been happening in "new formations" lately. Musicians all over the world are collaborating remotely, making videos and recordings with musicians they might not have otherwise worked with, in groups they might not have otherwise played with. Michigan Tech jazz students can relate. After a concert recorded remotely spring of 2019, these musicians wanted to find a way to rehearse and perform in person. Slit masks for mouthpiece access and bell covers that boast "MTU Jazz" have allowed them that opportunity.

More importantly, each big band was split into multiple bands to form smaller sized groups. This has offered the opportunity to explore the fun, danceable, and singable New Orleans brass band styles both past and present, as well as octet music composed by tenor saxophonist Benny Golson for his friend Dizzy Gillespie in 1957.

MTU's premier jazz ensemble, the Jazz Lab Band, will perform Miles Davis' iconic Birth Of The Cool album, originally written for 9 musicians. The performance will feature every member of the Lab Band rotating in and out of the line-up. The concert will happen live and in real time both nights of the Rozsa's usually close and cozy backstage jazz concert series. 

One thing that quarantine has made clear is that musicians need an audience. The show will be broadcast live, and it will have the energy of a live performance without having an in-person audience. The Rozsa Center invites you to join via live stream.

Stream on the Rozsa event page by clicking on the "View/Stream" button, or for a more interactive experience, visit the Rozsa facebook page and look for the Jazz in New Formations livestream.

Virtual Informational Session and Public Hearing on permit for L'Anse Warden Electric Company is Oct. 21; comment deadline extended to Nov. 4

This aerial photo shows the location of the L'Anse Warden Electric Company Generating Station in L'Anse, Michigan. The photo is taken from the Fugitive Emissions Control Plan for the facility. In the upper left, the location of the photo is shown in relation to Keweenaw Bay, where the town of L'Anse is located.

L'ANSE, Mich. --  The Michigan Department of Environment, Great Lakes and Energy (EGLE) Air Quality Division (AQD) will hold a Virtual Information Session and Public Hearing at 6 p.m. Wednesday, Oct. 21, 2020, for the draft renewal of a Renewable Operating Permit (ROP) for the operation of the L'Anse Warden Electric Company, LLC, L'Anse. The ROP is for  the operation of a solid fuel, 324 million BTU per hour boiler to produce steam and to power an electrical generator. The generator is rated at 22.0 megawatts. The boiler has the capability of burning tire-derived fuel (TDF), railroad ties, wood chips, wood fines and bark, and natural gas.

This photo shows the location of the Fuel Aggregation Facility in relation to the Generating Station of the L'Anse Warden plant. See the Fugitive Emissions Control Plan for the facility.  

The boiler is controlled by a multicyclone followed by a three (series) section electrostatic precipitator. The draft permit is intended to simplify and clarify the facility’s applicable requirements and will not result in any air emission changes at the stationary source. The ROP public notice documents can be viewed on the AQD web page at: http://www.michigan.gov/air. Choose the "Permits" Tab, then "ROP Public Notice Documents." The responsible official of the stationary source is John Polkky, 157 South Main Street, L'Anse, Michigan 49946.

You may attend the meeting by going to https://zoom.us/webinar/register/WN_o5K7BBTfSb-J8JBCNfis1w or you may join by phone at 213-787-0529 and use access code 881478#. Contact: Ed Lancaster, Air Quality Division, LancasterE1@Michigan.gov or 906-250-5124.

The public comment period has been extended to Nov. 4, 2020. Written comments on the draft ROP are to be submitted to Ed Lancaster, Michigan Department of Environment, Great Lakes, and Energy, Air Quality Division, Marquette District Office, 1504 West Washington Street, Marquette, Michigan 49855, or via e-mail to LancasterE1@Michigan.gov

Editor's Note: For background on the controversy surrounding the air pollution from this plant in the past search Keweenaw Now in the upper left corner of this page with the keyword "L'Anse Warden" for previous articles.

Ancient underwater tribal cultural site discovered in Mackinac Straits near Line 5

Jiimaan (Anishinaabek canoe) and trolling motor. (Photo © and courtesy Philip Hutchinson)

 

MACKINAW CITY -- On June 25, Judge James Jamo struck fear into the hearts of many in Michigan when he stated that the State of Michigan’s ability to fulfill its "duty to protect public trust lands" was compromised "as a result of (Enbridge’s) failures." The harsh reality of this statement inspired a small group of women to answer the call to protect water and land. Their discoveries may fundamentally shift what's allowable for Line 5 moving forward -- or at least that's the hope.

 

One of the most significant ancient underwater archaeological sites in the Great Lakes may have been discovered in the Straits of Mackinac just a short paddle west of Enbridge Line 5.
On September 23, 2020, a small crew headed onto the Straits of Mackinac in fog so thick they couldn’t see the Mackinac Bridge. Using a remote operated vehicle (ROV), the team explored an area just west of Line 5. Their video captured at least one submerged cultural site. This stone circle is consistent with other underwater and terrestrial finds near Grand Traverse Bay, the Alpena-Amberley Ridge in Lake Huron and on Beaver Island.

 

Potential cultural site observed with side-scan sonar in late summer 2020. Note circle of stones that may have been placed in this arrangement about 10,000 years ago, near the end of the Ice Age, when the area would have been above water. (Photo courtesy Terri Wilkerson)

 

If these other cultural sites are so well known, why hasn’t a full archaeological survey been done on the bottomlands of the Straits of Mackinac? Given the imminent danger Line 5 represents, water protectors call for the immediate halt to all oil flowing through Michigan and a complete archeological survey of the lakebed in the Straits.

 

Sovereignty enacted

 

Most of the individuals in this determined team of water protectors are Michigan tribal citizens. Investigating our ancient cultural sites is an enactment of our inherent sovereignty as indigenous peoples, as well as our reserved treaty rights. The treaties dispossessed us of most of our lands -- but not our rights, which were explicitly reserved in the treaties by our chiefs.

Despite their sovereign, treaty-protected rights, tribes have rarely been consulted or involved with decisions that impact their waters and historic territory. Consequently, tribes are increasingly turning to legal action to protect their rights and the environment in general. Tribal citizens are also engaging with environmental groups, Michigan citizens, and legislators alarmed by the growing threats to our natural resources.

In the June hearings regarding the latest damage to Line 5, Judge Jamo repeatedly asked why there hasn’t been an independent look at Line 5 and said he "clearly felt I did not have credible, reliable information." So, water advocate Terri Wilkerson started building support to gather just that. In September, Wilkerson hired a survey boat in preparation for getting an independent look at Line 5. While investigating the Straits bottomlands, the vessel’s side-scan sonar inadvertently revealed a potential  site.

 

Terri Wilkerson during the Sept. 23, 2020, exploration. (Photo © and courtesy Terri Wilkerson)

 

Three of this core group of female water protectors are tribal citizens -- Andrea Pierce and Robin Lees, Little Traverse Bay Bands of Odawa Indians (LTBBOI), and Kelly Willis of the Saginaw Chippewa Indian Tribe. In Anishinaabe culture, women protect the waters. These women are not representing their tribes in any official capacity but are advocating as women empowered under ancient tribal protocols.

 

Wilkerson is a Pinckney resident -- mostly retired after 30 years as a real estate broker to focus on water advocacy, social justice, and making democracy work for everyone by helping to start a League of Women Voters chapter in Livingston County where she lives.

 

Remotely Operated Vehicle (ROV) on Jiimaan canoe. (Photo © and courtesy Adam Zwickle)

The ROV and sonar findings seem to show that Line 5 runs through precious, ancient cultural sites. Findings are now being reviewed by an underwater archeologist. Though these sites are now underwater, approximately 9,000 years ago the Great Lakes water levels were much lower, and evidence of human habitation encircles the northern tip of the Michigan mitt.

Circles. (Photo © and courtesy Fred Harrington, Jr.)

Jiimaan canoe

When side-scan sonar revealed the potential cultural site, the female water protectors reached out to Fred Harrington, Jr. Harrington is a Navy veteran, LTBBOI tribal councilman and citizen, and professor emeritus. He offered to use a community canoe named Jiimaan, which means "they are kissing" in the language of the Anishinaabek (Odawa, Ojibwe, Potawatomi).

 

Fred Harrington on Sept. 23, 2020, a foggy day of cultural site exploration. (Photo © and courtesy Terri Wilkerson)

 

Paddlers "practicing" with the ROV and the Jiinaan. (Photo courtesy Terri Wilkerson)

This wooden watercraft was built in 1999 as an act of cultural sovereignty by members of the Little Traverse Bay Bands of Odawa Indians community in the Petoskey area. It has been used for activism, youth education, and community paddles ever since.

A Jiimaan (tribal canoe) participates in the Sept. 3, 2016, Pipe Out Paddle protest against Line 5 near the Mackinac Bridge. (Keweenaw Now file photo © and courtesy Miguel Levy)

Scott Wyzlic, a Grand River Bands of Ottawa Indians tribal citizen, assisted with towing and surveillance from his 21-foot fishing vessel, Inchworm. Scott’s Anishinaabe name is Ossokeh Ahninii.

Water protectors secured a letter of support from Sault Ste. Marie Tribe of Chippewa Indians for their efforts to get an independent look at Line 5.

Grave concerns about Line 5

Line 5 is a 67-year-old, anchor damaged, deteriorating pipeline that originates in Canada. As it takes a 645-mile shortcut through Michigan before returning to Canada with about 95 percent of the nearly 23 million gallons of oil it carries, Line 5 passes through more than 23 counties and over 400 Michigan waterways. However, the area where Line 5 crosses in the Straits of Mackinac is the most vulnerable to an oil spill. Here, for about 4.5 miles, Line 5 becomes two 20-inch oil pipelines which run under the water just west of the Mackinac Bridge.

This is the "worst place in the Great Lakes for an oil spill," according to Dr. Dave Schwab, research scientist at the University of Michigan Water Center, who has been studying water and currents for decades.

Even a small spill would likely impact 37 miles of shoreline. A large one could impact 722 miles of shoreline. This comparison shows 3 different spill scenarios and the ping pong nature of how water acts in the Straits. The Great Lakes supply the water to over 40 million people and are the backbone of Michigan’s tourist economy.

A contractor for the Coast Guard estimates that a clean-up of 30 percent of an oil spill here would be the best case scenario. This assumes there is daylight and waves of less than three feet, and no  ice as they are not fully prepared to handle an open water spill when the Straits are iced-over.

As Lester Graham of Michigan Radio recently reported, "Even if you shut the valves on either side, there’s close to 388,000 gallons of oil in each pipeline (of the 2 sections of Line 5 in the Straits). If both pipelines were damaged, you could see an oil spill nearly as big as the Enbridge Line 6B spill in the Kalamazoo River ten years ago. It was one of the biggest inland oil spills in the country."

Enbridge, Inc. is the Canadian Company that operates Line 5 because of an easement granted by the State of Michigan in 1953. The 12 Federally recognized Tribes of Michigan were never consulted nor did they give permission for the granting of this easement. Enbridge is responsible for the top two largest inland oil spills in the United States -- Line 3 which broke in 1991 near Grand Rapids, Minn., spilling over 1.7 million gallons of oil, and Line 6B that broke and contaminated the Kalamazoo River watershed in 2010 with over a million gallons of oil per the EPA. The Michigan spill spoiled 35 miles of river and shore badly enough that they were closed for two years. State and federal documents show that Enbridge has been in violation of the easement rules for years. On June 19, 2020, Enbridge was ordered to pay $6.7 million in fines for violating federal court order on pipeline safety. Enbridge has shown itself not to be trustworthy of protecting the Great Lakes.

Michigan Attorney General Dana Nessel has called for the shutdown of Line 5. She has also commented on the UP Energy Task Force report on alternatives to Line 5 for supplying propane to the UP.

Shutting Line 5 down is in Michigan’s best interest. Governor Whitmer campaigned on shutting down Line 5 but has yet to revoke the easement that allows its continued operation.

Comment period on Enbridge tunnel permits ends Oct. 19

Enbridge hopes to replace Line 5 with a tunnel to include a new pipeline under the bottomland of the Straits. Recently the Michigan Department of Environment, Great Lakes and Energy (EGLE) held information meetings and public hearings on Enbridge's permit applications for their tunnel project, which would mean 5 to 10 years of tunnel construction while leaving the ageing Line 5 under the Straits of Mackinac.

A recent message from Andrea Pierce, Little Traverse Bay Bands of Odawa Indians citizen, asked Native and non-Native water protectors to oppose these permit applications -- under Part 303, Wetlands Protection; and Part 325, Great Lakes Submerged Lands, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended and the NPDES (National Pollutant Discharge Elimination System) permit application -- by submitting public comments to EGLE by the deadline of 11:59 p.m. (EDT) on Monday, Oct. 19.

"We are asking that everyone contact EGLE, MPSC, your senator, congress representative and house representative to make a public comment asking to stop the Line 5 tunnel," Pierce writes. "Please CC: mpscedockets@michigan.gov   cc: governorsoffice@michigan.gov  and YOUR State Reps."

To submit comments on the these permit applications click here: https://www.michigan.gov/line5/0,9833,7-413-102021-537357--,00.html

Comments can also be sent by email to EGLE-Enbridge-Comments@Michigan.gov

NOTE: The recordings of EGLE online informational sessions and public hearings on the Line 5 tunnel application between Sept 8 and Oct 8 are now accessible on the EGLE Line 5 information page: https://www.michigan.gov/line5/ 

Inset photo: Andrea Pierce. (Photo © Steve Gutt and courtesy Andrea Pierce)

Houghton County Dems: Kasieta should suspend campaign after participation in phone harassment against County Clerk Kelly

[Editor's Note: This is the Houghton County Democratic Party's response to the facts that have emerged recently concerning the March 6, 2020, phone call received by Jennifer Kelly, Houghton County Clerk and Register of Deeds, who is running for re-election -- as reported by Kelly in the guest article we published yesterday, Oct. 15. It has been confirmed that Kelly's Republican opponent on the Nov. 3 ballot, Justin Kasieta, who at the time was the constituent representative for State Representative Greg Markkanen, was on this threatening call traced to Matthew Smith of Genesee County. Confirmation was made by statements Kasieta made to the Houghton County Sheriff's office as well as a statement released by his attorney.]

From Houghton County Democratic Party:

HOUGHTON -- Elected officials, their staff, and those who seek to become elected officials, must be held to the highest ethical and legal standards. No reasonable and decent person would think a 1 a.m. phone call implying harm to someone's pets is within any bounds of morality or law. Issuing threats to one's opponent in an election goes against the fundamental principle of peaceful elections. A nation committed to those principles cannot reward such behavior by electing to office anyone who does such things.

Because of his actions, calls for Mr. Kasieta to withdraw from the race are coming from all sides, including The Daily Mining Gazette. As people committed to fair and free elections, the Houghton County Democratic Party joins our voice to the rest of our community in calling on Justin Kasieta to do the right thing and suspend his campaign.

Jennifer Kelly has served Houghton County in various capacities for 20 years. While these events have already been discussed at meetings of the County Board of Commissioners, we call on the Board to formalize its responsibility to stand by their colleague and issue a call for Mr. Kasieta to withdraw from his race.

We also call on Representative Markkanen to reaffirm these principles of democracy by condemning the actions of his staffer. To remain quiet in the face of such a perversion of ethics is to be complicit. Unless Mr. Kasieta has kept all of these events from his employer since March -- an act which itself would be disqualifying for continued employment -- Rep. Markkanen has known about this situation for months and has said nothing as long as it was possible to remain silent. But now the facts have emerged.

As his constituents, we have a right to know: did Rep. Markkanen know about these events and continue employing Justin Kasieta while he ran against the county clerk he participated in threatening? Does Rep. Markkanen approve of his subordinate's actions? If not, let him say so, loudly and clearly. We call on him to make a firm statement repudiating any attempt to threaten a candidate's political opponents, and to immediately suspend Mr. Kasieta from any office of trust he might hold in Michigan's state government, pending the resolution of this investigation.

Also alleged to be on this call was Jake Putala, district representative for State Sen. Ed McBroom. We also call on Sen. McBroom to issue the same condemnation of any kind of harassment, and if additional information comes to light confirming Mr. Putala's involvement, for him to suspend Mr. Putala pending the outcome of the investigation.

Guest article: Jennifer Kelly, Houghton County Clerk/Register of Deeds tells her story

Jennifer Kelly, Houghton County Clerk/Register of Deeds. (Photo courtesy Committee to Elect Jennifer Kelly, Houghton County Clerk/Register of Deeds)

[Editor's Note: Jennifer Kelly, Houghton County Clerk and Register of Deeds, who has held this office for the past six years and worked for Houghton County for 20 years, is running for re-election as a Democrat. In March 2020 Kelly was the victim of a threatening phone call involving her Republican opponent, Justin Kasieta. Kelly was asked to keep silent about the incident for months during a county and law enforcement investigation. The story became public this week, and we are publishing, with permission, Jennifer Kelly's own account of the incident.]

By Jennifer Kelly, Houghton County Clerk/Register of Deeds
Published with permission

There has been a lot of talk about bullies lately, and in this election season, there are no shortage of them. As Midwesterners, we have been taught to treat people with respect, even when we disagree with our neighbors. We were taught that democracy involves differences of opinion and that thoughtful debate is the way through. As your County Clerk in Houghton County, I want to assure you that I will always fight bullies and I will always stand up for what is right -- especially after what has happened to me here in Houghton County one night, my home of 49 years.

On March 6th [2020] at 1:01 a.m., I received a phone call that would cement my commitment against bullies. "I am calling from TV 6 News, to film your home," said a voice I will never forget. Doubting very much that TV 6 would call me at 1:01 a.m., I asked who the caller was. "It is TLC Hoarders, Bitch." I am paraphrasing, but he went on to tell me that he has seen the inside of my home. I was shocked. Like many women who are threatened, I froze. Then he said, "I am going to make sure you are never re-elected you f_____g bitch." I panicked for a minute, but then I found my strength and told him I was going to hang up. Before I hung up he threatened to both "poison and kill my dogs and throw them in a dumpster."

I ran to my garage and to each door and locked it, made sure my father was safe and called the sheriff. I shut all my curtains and stood guard over my home and father until dawn. The sheriff called for a trooper to come to my house, but none came. The telephone company was able to retrieve the telephone number and the sheriff of this town was vigilant and traced the call to Matt Smith, in Genesee County, MI.* The detective researched Facebook and revealed that Matt Smith and Justin Kasieta were connected. The police report from Houghton County has Justin Kasieta’s confession of being on the call that night: The report says that Kasieta "was on a three-way call and listened to Smith call Kelly."

I was asked by police to identify the voice and it was the voice of Matt Smith -- a voice I will never forget for its evil intent. But what cemented Smith’s involvement was the fact that when the detective called Smith, he used the same phone number as was used to call me when he returned the call -- the same one traced in the call.

Detective Saaranen told me that Justin confessed and was willing to put together an agreement in order to keep his job with Representative Greg Markkanen.* At this point Justin retained an attorney, who proposed an agreement that he would confess to the crime and that he would withdraw from running in return for not pressing charges. This agreement was to be a written confession. But I never saw the agreement, and even though I have not seen it, it is more important for the truth about Justin to come out.

While the county investigated these two, I was asked to keep quiet while the county and state police investigated. Just yesterday, I was told I could share my story publicly.

But the story goes from two to three. Detective Saaranen reported to me that Justin was on the phone that very evening. The detective was the first one to confirm that Jake Puhtala, who works for Michigan State Senator McBroom*, was also on the call. It broke my heart to learn this, as I have known Jake and his family for years. This was not discovered until the Michigan State Police investigated further telephone records.

Kasieta’s confession is in the report. John Gleason, Genesee County Clerk, has seen Matt Smith’s confession as well.

"You’ve been had," Gleason said, of the many who are trying to cover up these bad deeds.

My case now sits on the desk of Attorney General Dana Nessel. I hope we can bring these three to justice -- for their own good and for our community. After seven long months I hope these individuals will be held accountable according to Michigan law.

Evil deeds should not go unpunished. Bullies should face prosecution -- because no election is worth our integrity. I remember when we all stood up for what we knew was right instead of blindly taking sides. We need to get back to that. Every Republican, Democrat, Libertarian and others deserve to live in a safe society. I will fight for that safety and integrity as long as I can.

There are heroes, too. County Clerk John Gleason is one. There are many others.

Editor's Notes:

* Matt Smith is a member of the Davison School Board and a candidate for the Genesee County Board of Commissioners.
Greg Markkanen is Michigan 110th District State Representative, who is running for re-election as a Republican. State Senator McBroom is a Republican representing Michigan's 38th Senate District.

Click here to see an interview with Jennifer Kelly by the League of Women Voters of the Copper Country. To learn more about Jennifer Kelly and her campaign, visit her Web site or her Facebook page. Some of Jennifer Kelly's achievements in her six years as Houghton County Clerk are the following:

•  Saved the County over $250,000 in the last 3 years by implementing free software upgrades in both offices and e-recording of documents in the Register of Deeds office.
• Implemented a free Veterans Program to thank our veterans by recruiting businesses to give free products and services to our veterans who have filed their DD214 discharge papers.
• Implemented a free Property Fraud Alert Program to protect Houghton County property owners.
• Trained 200 election inspectors each election year and ensured secure, lawful elections.