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COURSE CORRECTION Peter Manning Division Chief Environment, - PowerPoint PPT Presentation

COURSE CORRECTION Peter Manning Division Chief Environment, Natural Resources and Agriculture Division Disclaimers The views expressed are mine, not the Attorney Generals Not an opinion of the Attorney General Department


  1. “COURSE CORRECTION ” Peter Manning Division Chief Environment, Natural Resources and Agriculture Division

  2. Disclaimers ■ The views expressed are mine, not the Attorney General’s ■ Not an opinion of the Attorney General

  3. Department of Attorney General

  4. ENRA Division ■ 21 attorneys and seven support staff ■ Department clients – Environment, Great Lakes and Energy, – Natural Resources – Agriculture and Rural Development ■ American Indian matters ■ Emergency Management

  5. ENRA Division ■ Flint water ■ Enbridge’s Line 5 ■ PFAS ■ Lead and Copper Rule ■ EGLE permitting issues: Nestle’s water withdrawal, Aquila Mine in the U.P .

  6. Early Environmental Initiatives Attorney General Nessel identified several areas where she believed the office should change course from positions taken by the former Attorney General, including several significant environmental issues: ■ The challenge to the EGU-MATS rule ■ The challenge to the Clean Power Plan rule(s) ■ The challenge to the rule governing methane emissions from oil and gas wells ■ The challenge to the “waters of the United States” (WOTUS) rule

  7. EGU-MATS Rule I n 2012 the former AG was the lead ■ state challenging the Obama administration’s EGU-MATS rule - governing emissions of mercury and other hazardous substances from power plants ■ The rule was vacated by the U.S. Supreme Court and returned to EPA ■ In January 2019 AG Nessel withdrew as a party from the case challenging the rule ■ In February 2019 EPA issued a revised rule that AG Nessel is challenging

  8. Clean Power Plan Rules ■ In 2015 the former AG joined other states challenging the Obama administration’s rules governing greenhouse gas emissions from existing and new power plants ■ The Trump administration took action to modify/rescind the rules ■ In January 2019 AG Nessel withdrew as a party from those cases ■ In August 2019 she joined other states challenging the Trump administration’s replacement rule - the Affordable Clean Energy rule

  9. Oil and Gas Methane Emission Rules ■ In 2016 the former AG joined other states in challenging Obama administration rules governing methane emissions from oil and gas operations. ■ The Trump administration took several actions seeking to delay, rescind and replace the rule. ■ In January 2019 AG Nessel withdrew as a party from the ■ A new rule has been proposed which AG Nessel will likely challenge

  10. WOTUS Rule ■ The former AG joined other states challenging the rule defining “waters of the United States” for purposes of the Clean Water Act ■ In 2017 the Trump administration took action to rescind the new rule and/or readopt the prior WOTUS definition ■ On March 15, 2019 AG Nessel withdrew as a party from the challenge to the rule ■ She has joined a challenge to the Trump administration’s WOTUS rule

  11. Additional Initiatives ■ The proposed rollback of motor vehicle GHG emission standards and revocation of the California waiver ■ The environmental impact statement supporting opening portions of the Artic National Wildlife Refuge to oil and gas development ■ Department of Energy’s proposals regarding its energy efficiency programs ■ Accidental Release Prevention Requirements under the Clean Air Act Risk Management Program ■ State section 401 certifications under the Clean Water Act ■ Endangered Species Act

  12. PFAS ■ Per- and polyfluoroalkyl substances (PFAS) which include Perfluorooctanesulfonic acid (PFOS) and Perfluorooctanoic acid (PFOA) PFOA PFOS PFHxS PFNA PFBS GenX PFHxA

  13. PFAS ■ Used in thousands of applications in the industrial, food, and textile industries: – Stain resistant carpet, furniture and clothes – Cookware – Food packaging – Waterproofing ■ Also used in fire fighting foam ■ Very stable, breaks down slowly in the environment, and highly soluble, easily transferring through soil to groundwater

  14. Michigan PFAS Action Response Team (MPART) ■ Executive Order 2019-03 ■ Unique multi-agency approach ■ Leads coordination and cooperation among all levels of government ■ Directs implementation of state’s action strategy 15

  15. Current clean-up standards ■ Groundwater cleanup standard = 70 ppt PFOA/PFOS ■ EPA Health Advisory standard = 70 ppt PFOA/PFOS ■ Surface water discharge standard = 11-12 ppt PFOA and 420- 12,000 ppt PFOS ■ No promulgated drinking water standard for public water supplies but that is in process ■ Not all PFAS covered

  16. Health-Based Values Specific PFAS Parts Per Trillion (ppt) PFOA 8 PFOS 16 PFHxS 51 PFNA 6 PFBS 420 GenX 370 PFHxA 400,000

  17. Wolverine Worldwide – Rockford MI

  18. Wolverine Worldwide

  19. Aqueous Fire Fighting Foam

  20. Former Wurtsmith Air Force Base

  21. PFAS Manufacturers ■ 3M, DuPont, Chemours and others manufactured multiple products containing PFAS since the 1950’s ■ Evidence that the potential threats to human health were known as early as the ‘80’s or ‘90’s ■ Multiple lawsuits have been brought against manufacturers ■ AG Nessel intends to pursue any claims against manufacturers on behalf of Michigan

  22. Line 5

  23. Vanenkevort Tug and Barge

  24. Line 5 litigation ■ Two cases are pending between the State/the Attorney General and Enbridge ■ Enbridge’s lawsuit against the State alleging that the statute passed in the 2018 lame duck session authorized agreements to allow building a tunnel under the Straits ■ The Attorney General’s lawsuit against Enbridge alleging that Line 5 constitutes a public nuisance and violates the Public Trust Doctrine ■ Briefing will be completed by the end of the year and decisions should issued by early next year

  25. Utility Ratepayer Advocacy

  26. Utility Ratepayer Advocacy ■ Major priority for Attorney General Nessel ■ Working with the Association of Businesses Advocating Tariff Equity (ABATE) ■ Ensuring refunds from the Tax Cuts and Jobs Act ■ Reducing Return on Equity rates ■ Defining the “Test year” for purpose of establishing rates ■ Intervening in more cases, e.g., smaller utilities, like Alpena Power, Upper Peninsula Power Co., and Northern States Power

  27. Summary ■ Environmental and consumer issues are a priority ■ Supports stronger environmental regulation and more aggressive consumer advocacy ■ More alignment with Governor and agencies, e.g, she shares Governor’s concern with climate change and clean drinking water ■ More focus on enforcement, including criminal enforcement

  28. Questions? Peter Manning Division Chief Environment, Natural Resources and Agriculture Division Michigan Department of Attorney General 525 W. Ottawa Street (517) 335-7664 manningp@michigan.gov

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