Great Lakes

DNAinfo: New Midwestern Photo Exhibit Coming To Environmental Law & Policy Center

DNAinfo ChicagoOctober 10, 2016
New Midwestern Photo Exhibit Coming To Environmental Law & Policy Center
By DNAinfo Staff

DOWNTOWN — A six-month exhibition featuring photographs of controlled prairie and woodland burns and of Lake Michigan is coming to the Environmental Law & Policy Center this month.

Debuting Oct. 18, the exhibit titled “Between Fire and Water: Midwestern Dreamscapes” will display photographs from Jane Fulton Alt. The photographer will be present at Oct. 18’s opening reception from 5:30-7:30 p.m. at 35 E. Wacker Drive, Suite 1600.

“Fire and Water is the outcome of a serendipitous moment, when what was known was reconfigured, creating a field of ambiguity, a new reality, or dreamscape; a reminder of nature’s infinite,” Alt said.

The event is free, but people must register here.

The Toledo Blade Op-Ed: ELPC’s Learner and Allies Call for Tougher Action to Rid Lake Erie of Toxic Algae Blooms

Closing Gap Between Talk, Action with Lake
By Howard Learner
Published on July 30, 2016

Tuesday marks two years since nearly 500,000 Toledo-area residents were cut off from safe drinking water because toxic algae contaminated the public water supply.

Predictions of a mild algae bloom this year because of light rainfall, along with Toledo’s water treatment plant upgrades, suggest that there will be no water shutoffs this year. But banking the future of the people around Lake Erie on the whims of the weather is a sucker’s bet.

Last week, the Ohio Environmental Protection Agency placed parts of Lake Erie on its “impaired” list under the Clean Water Act, including where Toledo draws its drinking water, as well as miles of shoreline and areas around the lake islands. The point is to identify severely polluted spots that need special attention. All of western Lake Erie should be designated impaired given the entire basin’s chronic toxic algae problem.

Still, even naming parts of Lake Erie “impaired” acknowledges the blindingly obvious fact the lake’s ability to provide safe drinking water is under threat. The primary reason is also obvious: too much fertilizer and manure run off farm fields, with too few protections to keep water clean before it gets to Lake Erie.

According to a recent study conducted by leading Midwest academic institutions, including OSU, the Maumee River is the main contributor to western Lake Erie’s toxic algae problem, with 85 percent of the river’s pollution stemming from crop fields and livestock farms.

Manure and chemical fertilizer are swept into the Maumee River during storms and snow melts.

There are sensible actions and solutions that can prevent damaging runoffs. Specific farming practices like cover crops and perennials reduce the amount of pollution flowing into the lake and are highly effective when combined with actions like not over-applying manure and fertilizer. Experts in Ohio already work with farmers to encourage their voluntary adoption, as they have done for decades. And yet today, with all of those activities happening, we are still talking about algae bloom “season” as if it’s normal for toxic water to show up every summer.

The dry spring that is buying Lake Erie time this year is an outlier and will become more so as climate change continues to alter our Great Lakes. While Ohio, Michigan, and Ontario have taken positive steps to reduce phosphorus, current actions will not achieve the 40 percent phosphorus reduction by 2025 committed to by their leaders in June, 2015.

Ohio released a draft of its plan to meet this commitment earlier this year. Unfortunately, Ohio’s plan relies too much on voluntary approaches that have been shown to be insufficient across the country, and won’t successfully reduce phosphorus levels to meet the ambitious 2025 goal. A voluntary approach alone will not curb phosphorus pollution from the agricultural industry.

That is why we are glad the state of Ohio has designated at least parts of Lake Erie as impaired — an initial step toward real protections that put safe and clean water first.

We are also calling on state lawmakers and officials to establish new policies that ensure widespread adoption of practices that are verified proper applications of fertilizer and manure and will reduce the amount of phosphorus flowing into nearby rivers and lakes. We also need proactive compliance to confirm that existing rules are being followed.

When our region loses clean, safe drinking water, we put everything at risk. Don’t bank on the weather. Bank on decisions that put clean, safe drinking water first.

Mr. Learner is the executive director at Environmental Law & Policy Center. Co-author Heather Taylor-Miesle is executive director at the Ohio Environmental Council. Co-author Joel Brammeier is president and CEO of Alliance for the Great Lakes.


Huffington Post: ELPC’s Learner Discusses Making A Greener Chicago

By Howard Learner

Chicago is becoming a “greener city,” but let’s recognize some key challenges and the need for solutions moving forward. Environmental progress is being achieved together with job creation and economic development. The old myth about jobs versus the environment is simply that: old and false. This Earth Day, we should be proud of what Chicago has accomplished and candid about some important environmental challenges still requiring solutions.

Wind Power: Illinois has leaped from no wind power in 2003 to more than 3,842 megawatts today. A decade ago, who thought that Illinois would become No. 5 in the nation for wind power capacity and that Chicago would now have 11 major wind power corporate headquarters?

Next Steps: Illinois policymakers should say “no” to Exelon’s opposition and finally modernize the Illinois Renewable Energy Standard, which helps drive wind power development. Let’s make it work well and advance Illinois’ national leadership in the restructured electricity market.

Solar Energy can be our next boom. The city and county are advancing policies to streamline solar energy installations by speeding up permitting and standardizing grid connections. Solar panel efficiencies are steadily improving — think about other rapid technological advances in smart phones, digital cameras and computer speeds — and becoming economically competitive. Solar energy is truly a disruptive technology, especially combined with battery technology improvements. It can succeed by installations on residential rooftops and commercial buildings’ spacious flat roofs, and can transform underutilized industrial brownfields into “solar brightfields” in Chicago.

Next Steps: Let’s seize the opportunities to accelerate solar energy by better using Chicago’s many flat rooftops on commercial, industrial and multifamily residential buildings for solar photovoltaic panel installations producing clean electricity? First, the Illinois Commerce Commission should remove regulatory barriers that protect monopoly utilities from competition. Second, the Commission and state legislators should adopt policies that better enable community solar projects for local businesses and neighborhood residents to join together in sharing clean energy resources. Third, if Argonne National Labs’ engineers and scientists achieve their goal of batteries that are five times more efficient at one-fifth the cost, that’s a game changer.

Energy Efficiency saves businesses and residential consumers money on their utility bills, avoids pollution, creates jobs and keeps money in Chicago’s economy. There’s a quiet revolution occurring with more energy efficient lighting, appliances, cooling and heating equipment, pumps and motors, and other technologies. Commonwealth Edison reports that electricity sales declined (-1.5 percent) in 2015 in Northern Illinois while the Chicago regional economy grew 2.5 – 3.0 percent. Chicago’s economy is growing, more efficiently.

Next Steps: Let’s make sure that homes in all Chicago neighborhoods gain energy efficiency benefits through job-creating retrofits that can reduce electricity and natural gas bills. Electricity waste costs businesses and people money and drains dollars out of the Chicago economy for the part of the utility bills spent on out-of-town uranium, coal and gas fuels. Let’s save money, boost our economy, create more installation jobs and reduce pollution. That’s a winner.

Public Transit: Chicagoans are driving less with fewer cars, but Chicago can’t be a greener “city that works” unless CTA is modernized. Chicago is looking to both innovative financing and new transportation approaches, including Bus Rapid Transit and Divvy bikes, in addition to upgrading the aging Red Line and other transit lines.

Next Steps: Let’s face it — no good public transit, no green city. Chicago’s public transit system must become faster and provide improved, more efficient passenger services. CTA is working on it. Mayor Emanuel, Senators Durbin and Kirk, and Congressmen Lipinski and Quigley are working hard to gain more federal funds for CTA modernization. That’s a priority and necessity.

Higher-Speed Rail: Chicago is the natural hub of the growing Midwest higher-speed rail network connecting Chicago and Milwaukee, Detroit and St. Louis, and the mid-sized cities in-between. Modern higher-speed passenger rail development will improve mobility, reduce pollution, create jobs and spur regional economic growth.

Next Steps: Modernize Union Station so it works well for intercity passenger rail, is attractive to new visitors and can be a multimodal hub connecting with CTA while anchoring West Loop commercial development. Let’s accelerate high-speed rail development here.

Great Lakes: The Great Lakes ecosystem is the Chicago region’s global gem, vital source of drinking water supply and place of recreational joy. The Obama Administration’s investment of about $2 billion in the Great Lakes Restoration Initiative is paying off. Water quality should improve as investments are made in upgrading treatment facilities, building green infrastructure, and restoring wetlands and habitat.

Next Steps: Water efficiency is more than 20 years behind energy efficiency. We can’t afford to waste fresh water that the rest of the world craves and values highly. Let’s make Chicago a water efficiency leader among the Great Lakes cities. Let’s also figure out savvy ways of using lower-cost greywater for industrial processes and save fresh water for drinking supply.

Chicago River: It’s our namesake river and should be a gem increasing recreational enjoyment and property values for all. There’s progress as the Metropolitan Water Reclamation District (MWRD) finally begins to disinfect its wastewater. The Chicago River, however, is still not “fishable and swimmable,” and there’s more cleanup to be done.

Next Steps: The new Chicago Riverwalk and river-focused development on both the north and south sides highlights and builds support for the importance of cleaning up the river as a safe place for recreational use and community enjoyment. MWRD should continue to step up its pollution reduction actions and equipment investments that pay off in clean water benefits for all.

Clean air, clean water, cleaner energy and fewer toxics are important values shared by all Chicagoans. This Earth Day, let’s be proud of our progress, and let’s seize opportunities to advance a cleaner, greener and safer community that works for all.

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ELPC’s Learner Talks with Midwest Energy News: Flint Shows Need to Stop Fighting EPA Pollution Rules

In the context of Flint, Michigan’s ongoing lead-tainted water crisis, regional environmental groups are calling on Michigan Attorney General Bill Schuette to stop his fight against federal rules for mercury emissions from power plants.

The Chicago-based Environmental Law and Policy Center sent a letter to Schuette on March 8, calling on him to stop challenging the U.S. Environmental Protection Agency’s Mercury and Air Toxics Standards in federal court.

Utilities across the country — including the two largest in Michigan, DTE Energy and Consumers Energy — are already moving to comply with the new rules, meaning a court decision to overturn them could have little practical impact.

The rules have reportedly led to the closing of about 100 coal plants nationwide. The EPA says the standards will prevent up to 410 premature deaths in Michigan and create up to $3.4 billion in health benefits this year.

“Why in the world — especially in light of the Flint water tragedy — is Attorney General Bill Schuette and Michigan leading the national litigation to stop or stall mercury pollution reduction standards?” Howard Learner, executive director of the ELPC, said in an interview with Midwest Energy News. “That is simply tone deaf to the reality of the circumstances when it comes to the need to reduce toxic pollution to protect children’s health and the environment.”

Schuette has maintained that the rules would be too costly. In a statement last month as he asked the U.S. Supreme Court to halt the rules, Schuette said: “For more than seven months since this Court’s decision in Michigan v. EPA, (the rule) has already caused irreparable harm. It has imposed literally billions of dollars of compliance costs on utilities, and by extension, all families who use electricity.”

Learner countered: “Now that Consumers Energy and DTE have already installed mercury pollution control equipment, any argument that Attorney General Bill Schuette is making that it would somehow save Michigan consumers money or impact jobs is looking backward rather than today’s reality.”

Learner went on to call Schuette’s challenge based on costs “penny wise and pound foolish,” similar to how Flint’s water supply was tainted by lead as part of an effort to save the city money.

He added that “the irony here” is that even if the mercury rules are overturned in the courts, DTE and Consumers would end up being at a “competitive disadvantage” with utilities in other states that perhaps hadn’t invested in pollution controls. And yet Michigan would still be subject to mercury pollution from those other states, Learner said.

The EPA adopted the mercury rules for coal plants in 2013. Shortly after, in Michigan vs. EPA, Schuette led 19 other states, utilities and coal companies to challenge the standards in federal court.

A federal circuit court upheld the standards in April 2014. After an appeal, the U.S. Supreme Court in June reversed the lower court’s ruling, saying narrowly that the EPA had to revisit the standards and give more consideration to costs. The Supreme Court, however, did not invalidate the rules.

The EPA is expected to issue a final rule by April 15. Schuette’s case is still pending in the U.S. Court of Appeals for the District of Columbia.

But following the U.S. Supreme Court’s surprise decision to stay the EPA’s Clean Power Plan, Schuette asked the High Court to essentially do the same for the mercury rules. Chief Justice John Roberts denied Schuette’s request on March 3.

“I have little doubt that when the EPA issues its final rule, some utilities and states will appeal those mercury pollution reduction standards,” Learner said. “It seems they’re appealing anything and everything the EPA is doing.”

Mercury is a neurotoxin that can impair fetal brain development and reduce a child’s IQ and ability to learn. Learner called the rules “sound regulation to avoid mercury contamination of the Great Lakes, inland lakes and rivers that results in the bioaccumulation of mercury in fish, which are eaten by people.”

The EPA estimates $3 to $9 in health benefits for every dollar spent on compliance.

Even if the EPA’s rules are invalidated, Michigan’s statewide mercury rules would take effect, Learner said.

Roberts’ March 3 decision to reject a stay — as well as the ongoing water problems in Flint — drove the ELPC to appeal to Schuette.

“We hope Attorney General Bill Schuette and Michigan public officials have learned the tragic lessons of the Flint poisoned water crisis,” Learner said. “This is the time to know when to hold them and know when to fold them and stop gambling with children’s health.”

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Circle of Blue: ELPC’s Madeline Fleisher Warns Tougher Regs Needed for Great Lakes to Avoid More Algae Bloom Disasters

After years of watching their state do little to address stormwater runoff, polluted wells, and noxious algae blooms in once clear waters, 16 Wisconsin citizens last month decided enough was enough. They filed a petition with the federal Environmental Protection Agency to force Wisconsin to correct failures in its clean water program or else take away Wisconsin’s authority to administer permits under the Clean Water Act.

It is a step of last resort expressing an utter lack of confidence in the state government’s ability and desire to protect its waterways.

The past two decades have seen the dismantling of the Wisconsin Department of Natural Resources, the state agency in charge of issuing and enforcing clean water regulations, according to Kim Wright, executive director of Midwest Environmental Advocates. The agency’s workforce has declined 18 percent since 1995. Last summer Republican Governor Scott Walker abolished the agency’s water division and its Bureau of Science Services while eliminating 18 staff positions.

Midwest Environmental Advocates, a Madison-based nonprofit law center, filed the petition for corrective action on behalf of the 16 individual citizens. The budget and staff cuts, and other changes, seriously harmed the agency’s ability to protect water, according to the petition, which also references a 2011 letter from the EPA that outlined problems within the state’s Clean Water Act programs.

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ELPC 2015: What We’ve Achieved, and What’s Next

This is a transformational year for the environment. ELPC is seizing strategic opportunities for progress on the big issues. We’re achieving strong results in these politically gridlocked times.

First, the EPA’s Clean Power Plan caps two decades of sustained advocacy by ELPC and many environmental and public health colleagues backed by sound scientific findings. The U.S. is now stepping up as a global leader advancing clean energy solutions to reduce carbon pollution.

Second, solar energy, wind power and innovative energy efficiency technologies are poised to transform the electricity market just as wireless transformed telecommunications, changing the ways that we live and work. ELPC is driving new policies to accelerate distributed Midwest solar energy installations and install one million new smart thermostats in Illinois.

Third, ELPC’s successful litigation to stop the fiscal folly Illiana Tollway, protect the Midewin National Tallgrass Prairie and promote sound regional planning is transforming transportation policy to prioritize public transit and modern regional rail instead of politically clouted boondoggles. ELPC attorneys are winning in both the court of law and the court of public opinion.

ELPC is effective. Our teams of expert public interest attorneys, M.B.A.s, policy advocates and communications specialists, combined with the ELPC Science Advisory Council, play to win and know how to get things done.  ELPC is truly making a difference for a better world.


Your support has helped ELPC advance a cleaner renewable energy mix for the Midwest, accelerate cleaner transportation, and clean up the rivers and great lakes that we all care about. Please consider ELPC’s results and make a financial contribution to support our successful program work in 2016:


Ditching the Illiana Tollway Boondoggle and Protecting the Remarkable Midewin National Tallgrass Prairie

Midewin_Illiana_250x330The proposed new Illiana Tollway is a fiscal folly, undermines sound regional planning and would harm wildlife and ecological values in the Midewin National Tallgrass Prairie. On June 16th, Federal District Court Judge Jorge Alonso granted Plaintiffs’ motion for summary judgment and declared that the federal and state transportation agencies’ approval of the Tier 1 final Environmental Impact Statement and Record of Decision “for the proposed new Illiana Expressway was arbitrary and capricious and in violation of NEPA.” This is a tremendous litigation victory for ELPC’s public interest attorneys on behalf of our clients Midewin Heritage Association, Openlands and Sierra Club.

More than a dozen newspapers across Illinois have editorialized against the Illiana “road to nowhere” during the state’s fiscal crisis and when there are much higher priorities for limited transportation infrastructure funds to enable badly-needed fixes for transit and commuter rail, intercity higher-speed rail, and highway and bridge repairs.

ELPC’s legal, economic and media advocacy and our clients’ public engagement have changed the proposed new boondoggle Illiana Tollway from a “done deal” to “terminal life support.” It’s time for Governor Rauner and Illinois’ political leadership to finally ditch the Illiana once and for all. ELPC is working hard in the federal and state courts, and in the courts of public opinion, to bring the proposed Illiana Tollway to its well-deserved end.


Installing One Million Smart Thermostats in Illinois – A National Model

NestThermostat_250x330ELPC and Commonwealth Edison worked together creating an ambitious new program to install one million new smart thermostats in Illinois homes and small businesses over the next five years. U.S. EPA Administrator Gina McCarthy joined us for the October 8th public announcement. This leading-edge initiative provides rebates up to $120, using the consumer-funded Energy Efficiency Performance Standards program resources, for the new generation of Ecobee, Nest and Honeywell thermostats that learn customer behavior and adjust cooling and heating without complicated programming. These “smart thermostats” can save consumers 15%-25% from their heating and cooling costs and reduce pollution. Once the Illinois program is off the ground, ELPC plans to replicate it in more Midwestern states. This innovative technology is a winner.


Accelerating Solar Energy in Illinois, Iowa, Michigan and Minnesota

SolarShedd_250x330Solar energy installations in the Midwest grew by 70% last year, creating jobs, new businesses and economic growth. However, the coal industry and some electric utilities are seeking to impose regulatory barriers to protect their polluting power plants and their electricity monopolies. ELPC is working to advance sound policies that drive clean solar energy forward and remove regulatory barriers to development.

In Illinois, ELPC was instrumental in helping enact and then design the state’s first $30 million distributed solar generation procurement.

In Iowa, ELPC successfully repelled Interstate Power & Light’s attempt to impose new barriers to solar development after we won a major case before the Iowa Supreme Court to remove utility-imposed barriers to conventional third-party financing arrangements for solar energy development projects.

In Minnesota and Michigan, ELPC is making steady progress with our state-based partners to design new distributed solar programs and strategies. We’re moving forward at this transformational time to accelerate solar energy development for a cleaner energy future. ELPC is pro-technological innovation, pro-competition and pro-removing regulatory barriers to solar.


Keeping the Great Lakes and Midwest Rivers Clean

LakeMichiganMichigan-sidebarThere are two main types of water pollution – from a single, identifiable “point” source and the “non-point” flows from farms, ranches and streets. ELPC is working on both.

This is the first year that the SS Badger car ferry did not dump about 1,000,000 pounds of toxic coal ash into Lake Michigan. The ship now has a new coal ash containment system thanks to an effective advocacy campaign led by ELPC with U.S. Senator Dick Durbin and our good colleagues. ELPC’s work to stop the SS Badger from polluting the drinking water supplies for 42 million people is a strong precedent that reinforces that it’s no longer acceptable to dump toxic pollution in our Great Lakes.

ELPC also brought together more than 60 scientists and policymakers for our second annual Great Lakes Science-Policy Confluence Conference to discuss solutions to mitigate “nutrient pollution” – agricultural runoff that helped cause toxic blue-green algae blooms in Western Lake Erie. In summer 2014, 500,000 people in the Toledo area were without safe drinking water supplies for 72 hours. That’s not acceptable. ELPC is stepping up our advocacy for the necessary actions to reduce nitrogen and phosphorus runoff from agricultural operations that caused the toxic algae and contaminated water supplies.

ELPC continues our Mississippi River protection legal leadership, and we convened a new collaboration of Illinois, Indiana, Kentucky, Ohio, Pennsylvania and West Virginia groups for coordinated multi-state action to help clean up the Ohio River, considered by some to be America’s most polluted waterway.


ELPC Is Accelerating the Next Generation of Sustainable Transportation

AmtrakELPC is a recognized leader in advancing the Midwest high-speed rail network, which will improve mobility, reduce pollution, create jobs and pull together the regional economy. We are working to accelerate new clean cars and trucks, which use modern technologies to increase fuel efficiency and reduce pollution.

This year, I was honored to be asked by Amtrak’s CEO to serve on a four-member Blue Ribbon Panel analyzing and recommending strategies and better practices to increase fluidity and reduce congestion for higher-speed passenger rail and freight rail in the “Chicago Gateway” leading to St. Louis, Detroit and the East Coast.



Making the Clean Power Plan Standards Work Well

coal_250x330This is the federal cornerstone for America’s commitment to climate change solutions. ELPC is working with many business, environmental, health and faith-based allies to overcome the coal industry’s and certain politicians’ litigation efforts to stall progress, and to effectively implement state climate solution action plans in the Midwest states. Overall, ELPC is advancing new policies to drive energy markets with technological innovations that can change the world.





ELPC believes in the core principle that environmental progress and economic growth can be achieved together, and we put that sustainability principle into practice every day. ELPC’s solutions-focused strategies engage diverse partners and seize opportunities to accelerate clean energy development and clean transportation technologies, protect clean air and clean water, and preserve the Midwest’s wild and natural places.

ELPC’s multidisciplinary staff teams of public interest attorneys, M.B.A.s, policy experts and communications specialists are fully engaged across the Midwest, and we’re making progress. It isn’t easy; real change never is. We don’t give up. Let’s keep working together to win.

Thank you for engaging and making a contribution to support ELPC’s work to harness this change and achieve a brighter future.


Detroit Free Press: S.S. Badger cleared for sailing by EPA

Two years after striking a deal to keep the last coal-fired ship on the Great Lakes operating, federal regulators this week declared the S.S. Badger in compliance with an order that it stop dumping coal ash into Lake Michigan, clearing it for a new sailing season beginning today.

The U.S. Environmental Protection Agency said an inspection of the Badger — a historic carferry which makes about 450 trips between Ludington and Manitowoc, Wis., during a 6-month season each year — showed it had “taken all the steps necessary” to stop discharging coal ash into the lake.

“Victory!” said a statement today by the Chicago-based Environmental Law & Policy Center, which had pressured the government to address the hundreds of tons of coal ash the 63-year-old Badger was dumping into Lake Michigan each year. “All bad things should come to an end, and this water pollution is. … Step-by-step, our Great Lakes are getting cleaner.”

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Victory for Great Lakes Protection: SS Badger Car Ferry Forced to Stop Dumping Toxic Coal Ash into Lake Michigan


May 15, 2015



Judith Nemes



Victory for Great Lakes Protection:  SS Badger Car Ferry Forced to Stop Dumping Toxic Coal Ash into Lake Michigan

Environmental Law & Policy Center and Partners Declare Victory


Chicago – The Environmental Law & Policy Center and partners declared a victory for cleaning up the Great Lakes following the successful campaign and federal court consent decree to require the SS Badger car ferry to stop dumping 1,000,000 pounds of toxic coal ash into Lake Michigan each summer. Today, the SS Badger car ferry is scheduled to go across Lake Michigan from Manitowoc, WI, to Ludington, MI, with a new coal ash containment system in place. Step-by-step, our Great Lakes are getting cleaner.


“This is a victory for a cleaner Lake Michigan and a step in the right direction for reducing toxic pollution of the Great Lakes,” said Howard Learner, Executive Director of the Environmental Law & Policy Center. “It reaffirms the principle that no business, including the SS Badger, should be permitted to use the Great Lakes as a dumping ground for pollution.”


This victory follows a strong campaign led by the Environmental Law & Policy Center with U.S. Senator Dick Durbin and partners at the Alliance for the Great Lakes, National Wildlife Federation, Natural Resources Defense Council, Sierra Club and others.

“All bad things should come to an end, and this water pollution is,” said Learner. “This summer, the SS Badger will not be dumping nearly 1,000,000 pounds of toxic coal ash into Lake Michigan.”

The 60-year-old SS Badger is the last coal-burning ship on the Great Lakes. For too many years, the resulting coal ash – containing toxic materials – was moved from the ship’s boilers to an on-board retention area, where it was mixed with Lake Michigan water and then discharged into the lake as toxic slurry. Public pressure and the SS Badger’s continued pollution led to an action by the U.S. Department of Justice and the U.S. Environmental Protection Agency that resulted in a binding consent decree filed in the U.S. District Court for the Western District of Michigan.

Following the public campaign and consent decree, SS Badger operators installed new digital combustion controls that enable the ship to run more efficiently, burning about 15% less coal on its trips from Manitowoc, WI, to Ludington, MI. The new system will now move the coal ash along a conveyor belt between the ship’s boilers and four containment bins. Those bins will later be moved to an appropriate land-based site, possibly for re-sale as a cement filler. This kind of “encapsulated reuse” is one of the better scenarios for handling toxic coal ash.

“While the SS Badger still burns coal and emits it into the air, stopping the dumping of coal ash into Lake Michigan is a very good step in the right direction,” Learner added.











Victory! No More SS Badger Toxic Coal Ash Dumping into Lake Michigan

Victory!  Today, the SS Badger car ferry is scheduled to go across Lake Michigan from Manitowoc, WI to Ludington, MI with a new coal ash containment system in place. All bad things should come to an end, and this water pollution is.  This summer, the SS Badger will not be dumping nearly 1,000,000 pounds of toxic coal ash into Lake Michigan.  Step-by-step, our Great Lakes are getting cleaner.

This is a significant step in the right direction for reducing toxic pollution of the Great Lakes. It reaffirms the principle that no business should be permitted to use the Great Lakes as a dumping ground for toxics.

This victory follows a strong campaign led by the Environmental Law & Policy Center with U.S. Senator Dick Durbin and our good partner colleagues at the Alliance for the Great Lakes, National Wildlife Federation, Natural Resources Defense Council, Sierra Club and others.

The 60-year-old SS Badger is the last coal-burning ship on the Great Lakes. For too many years, the resulting coal ash – containing toxic materials – has been discharged into Lake Michigan. Pressure from ELPC, our allies and the public led to an action by the U.S. Department of Justice and the U.S. Environmental Protection Agency that resulted in a binding consent decree requiring SS Badger operators to capture and then lawfully dispose of the toxic coal ash without dumping any into Lake Michigan.

Following the consent decree, SS Badger operators installed new digital combustion controls that enable the ship to run more efficiently, burning about 15% less coal on its trips from Manitowoc, WI to Ludington, MI.  They also installed a new retention system that moves the coal ash along a conveyor belt between the ship’s boilers and four containment bins. Those bins are later moved to an appropriate land-based site, possibly for re-sale as a cement filler. This kind of “encapsulated reuse” is one of the better scenarios for handling toxic coal ash.

This has been tough sledding. Working together, we have brought to an end the SS Badger’s dumping of toxic coal ash into Lake Michigan.

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