Significant Issues – View From The Department of Attorney

General

Peter ManningDivision Chief

Environment, Natural Resources, and Agriculture DivisionDepartment of Attorney General

The views expressed are the presenter’s and not necessarily the Attorney General’s

Overview

Background and recent changes in the Attorney General’s office

Outline of significant environmental issues in the next year

Questions?

Department of Attorney General Brief Background

~ 270 staff attorneys

> 500 overall staff

One of the smallest departments in state government

Virtually entire budget is for staff

Brings in $5 for every dollar of funding

20% reduction in staff since 2001

The “New” Environment Natural Resources and Agriculture Division (ENRA)

Recent merger between ENRA and Tobacco and Special Litigation Division

Staffing 23 Attorneys 7 Support Staff

Organization Three Sections and a Unit Resource Management Section Environmental Regulation Section Environmental Remediation Section Agriculture and Special Litigation

The “New” ENRA cont.

Subject Matter:

Environmental Regulation (DEQ)

Natural Resources Management and Regulation (DNR)

Agriculture Programs (DAg)

Native American Issues

Utilities and Insurance Rate Cases

Tobacco Master Settlement Agreement

Land Division Act (plats)

The “New” ENRAOrganizational Chart

Peter ManningDivision Chief

James RileyFirst Assistant

Todd AdamsLitigation Specialist

Don EricksonLitigation Specialist

Agriculture andSpecial Litigation Unit

Robert ReichelResource

Management Section

Alan HoffmanEnvironmental

Regulation Section

Kathy CavanaughEnvironmental

Response Section

Michael Moody

Brian Devlin

Vacant

Dan Bock

Bill Campbell

Lou Reinwasser

Hal Martin

Neil Gordon

Tonatzin Alfaro Maiz

John Leone

Pam Stevenson

John Scherbarth

D. Allison-Yokom

Celeste Gill

Andrew Prins

Polly Synk

The “New” ENRA cont.

Environmental Regulation Section

Alan Hoffman – Section Head

Clients

Water Bureau, DEQ

Air Quality Division, DEQ

FERC hydroelectric dam licensing, DEQ and DNR

The “New” ENRA cont.

Resource Management Section

Bob Reichel – Section Head

Clients

Department of Natural Resources

Land and Water Management Division, DEQ

Office of Geological Survey, DEQ

The “New” ENRA cont.

Environmental Response Section

Kathy Cavanaugh – Section Head

Clients

Remediation and Redevelopment Division, DEQ

Waste and Hazardous Materials Division, DEQ

The “New” ENRA cont.

Agriculture and Special Litigation Unit

Jim Riley – First Assistant

Clients

Department of Agriculture

Office of Land Survey and Remonumentation, DELEG

Other

Utility and Insurance Rate Cases

Oversee Tobacco Master Settlement Agreement

The “New” ENRA cont.

Other Assignments:

Native American treaty matters

Counsel for Natural Resources Commission

Counsel for the Mackinac Island Park Commission

Great Lakes Commission

Great Lakes Fishery Trust

Water Resources Conservation Advisory Council

Significant Issues

1. Fiscal Challenges2. Department of Natural Resources and

Environment?3. Climate Change and Associated Issues4. Invasive Species5. Mining in the Upper Peninsula6. Bankruptcy7. Remediation Program Redesign and Funding8. Water Preservation and Use9. Confined Animal Feeding Operations10. Great Lakes Restoration Initiative

Fiscal Challenges

Significant changes due to budget problems

Overall the Attorney General has 20% less staff

ENRA consists of five former divisions Natural Resources Division

Environmental Protection Division

Agriculture Division

Native American Affairs Division

Special Litigation Division

Fiscal Challenges cont.

Possible Consequences:

Limit to core function – representing state agencies in court and providing opinions

Less time for non-core function activities Day to day legal advice

Direct services to the public

Participation in organizations and other “outside activities”

Participation as amicus curaie

The Department of Natural Resources and the Environment

Executive Order 2009-45 recombines the DEQ and DNR

General agreement that a single department makes sense

Major sticking point: Who appoints the Director?

Transaction costs Reorganization planning and implementation

Reauthorization of delegated programs

Changing the logo

Climate Change And Other Air Quality Issues

Coal fired power plants State permit applications

State public nuisance suits, e.g. North Carolina v TVA

Auto emissions

EPA’s proposed regulation of greenhouse gases

Ship emissions

Alternative energy - wind power Land use issues

Great Lakes issues

Endangered Species Act issues

Renewable energy incentives for public utilities

Invasive Species

Significant damage to the Great Lakes from foreign organisms

Zebra and Quagga Mussels

Sea Lamprey

Round Goby

Viral Hemorrhagic Septicemia

Asian Carp ?

Invasive Species cont.

Ballast Water

Primary vector for invasive species introduction to the Great Lakes

NWEA v EPA - challenge to EPA’s exemption for ballast discharges under the Clean Water Act

Michigan’s ballast water regulation

Michigan v EPA - challenge to EPA’s vessel general permit

Coast Guard Regulations

Invasive Species cont.

Asian Carp Introduced to the Mississippi River in the 1990’s Now in the Chicago Ship and Sanitary Canal Electric barrier is only obstacle to reaching Lake

Michigan New concern about possible introduction

through flooding – connect the Canal with the Des Plaines River

Contingency plan Sever the connection?

Nonferrous Metallic Mineral Mining

Significant ore deposits in the Upper Peninsula

But also significant risks – acid drainage

Part 632 of the NREPA enacted in 2004

First permit application - the Kennecott Eagle Mine project in Marquette County

Permit approved by DEQ in late 2007

Also required lease from DNR

Numerous legal challenges

Appeals and possible additional challenges likely

Other permit applications likely

Bankruptcy

Economic downturn increases number of bankruptcies, as well as, impacting major companies

General Motors and Chrysler

Lyondell (Kalamazoo River)

Delphi and Visteon – other suppliers likely

Number of active cases has increased significantly in the last year

Potential for substantial public expense

Remediation Program Redesign and Funding

Funding sources drying up for clean-up programs

Agreement that changes needed in the regulatory framework

Less agreement on the changes that need to be made DEQ proposal to combine Part 201 and Part

213 of the NREPA

Alternative proposals, e.g., SB 437 (Sen. Allen)

Water Protection and Use

Multiple layers to the issue:

Geographic – what scale should we focus on?: Great Lakes Basin

Great Lakes and St. Lawrence River Basin Water Resources Compact

State Part 327 and 328 of the NREPA

Common law

Local/watershed

Conceptual – what are we trying to protect?: Water primarily as a commodity

water primarily as a resource

Confined Animal Feeding Operations

Increased number of large, industrial style farms

Management of waste both an air and water issue

Implicate Right to Farm Act and local zoning

Federal permitting requirements challenged

State permits challenged

Black River fish kill

Great Lakes Restoration Initiative

Proposed $475 million funding for restoring the Great Lakes

Arose from the Great Lakes Regional Collaboration

Five focus areas Toxic sediments Invasive species Nonpoint source pollution and shoreline health

concerns Wildlife and Habitat protection and restoration Oversight, monitoring, evaluation, etc.

Conclusion

Significant environmental challenges facing Michigan

Significant financial challenges facing Michigan

How do we balance maintaining the “trust corpus” of our natural resources with our short term and long terms economic needs?