August 15, 2014 The Honorable Rick Snyder Office of the P.O. Box 30013 Lansing, 48909

Attorney General Schuette G. Mennen Williams Building, 7th Floor 525 W. St. P.O. Box 30212 Lansing, MI 48909

Director Wyant Michigan Department of Environmental Quality 525 West Allegan Street P.O. Box 30473 Lansing, MI 48909-7973

Re: The State’s Perpetual Public Trust Authority to Protect These Great Lakes Waters

Dear Governor Snyder, Attorney General Schuette, and Director Wyant:

As the leaders of six major environmental groups representing hundreds of thousands of members in Michigan, we urge you to swiftly address a very serious matter affecting all citizens of the State of Michigan: the Line 5 pipelines running through the Straits of Mackinac.

We agree with the Attorney General and Department of Environmental Quality’s (DEQ) determination in its July 24, 2014, letter that Enbridge is in violation of the 1953 easement and its spacing requirement for new pipeline supports and that the company must secure a Great Lakes Submerged Lands Act (GLSLA) permit for maintenance and structural improvements (Enbridge’s final permit No. 14-49-0017-P issued on July 24, 2014). However, we believe that the State should go further, and require Enbridge to file a GLSLA conveyance or occupancy application with the DEQ for the entire Line 5 pipelines located under the Straits.

Enbridge has already recognized that the GLSLA governs its pipelines on Great Lakes bottomlands, as evidenced by its recent GLSLA permit to install anchoring pipeline supports, as well as several previous GLSLA applications (dating back to 2001) for installation work. To date, this piecemeal approach has allowed Enbridge to avoid a comprehensive review of Line 5 under the Straits. That avoidance should be brought to an end.

As trustees of the Great Lakes, you and your executive team have express authority under Act 10 of 1953 that authorized the 1953 easement, as well as the GLSLA and the common law of public trust that govern the use of the lake bottomlands, to demand that Enbridge file a GLSLA conveyance or occupancy application.

Given Enbridge’s transportation of synthetic crude products, the recent increase in pipeline capacity, the lack of transparency and disclosure regarding these changes, and Enbridge’s recent admission to violating the 1953 easement terms, it is more pressing than ever for the DEQ to conduct a comprehensive analysis of the likely impacts on water, ecosystem, and public uses in the event of a release. As part of the GLSLA authorization process, the DEQ must conclude “the private or public use of those lands and waters will not substantially affect the public use of those lands and waters for hunting, fishing, swimming, pleasure boating, or navigation, or that the public trust in the state will not be impaired by those agreements for use, sales, lease, or other disposition.” MICH. COMP. LAWS ANN. § 324.32502; see also R 322.1006.

Further, the 1953 easement clearly recognizes that Enbridge’s use is subject to the public trust, and states the Grantee “shall follow the usual, necessary and proper procedures for the type of operation involved, and at all times shall exercise the due care of a reasonably prudent person for the safety and welfare of all public and private property. . . .” We believe Enbridge is not meeting this requirement, and that an immediate State analysis of reasonable and proper procedures – given modern technology, industry standards, products being transported, and risks to our public resources – is necessary. Requiring that Enbridge file a GLSLA conveyance or occupancy application would allow this analysis.

We are convinced that Enbridge’s twin 61-year-old pipelines located in the heart of the Great Lakes are one of the greatest threats to our water, economy, and Pure Michigan way of life. Given your high and solemn duty as trustee and the gravity of this matter, we the undersigned ask for your immediate action to address the Line 5 pipelines.

Sincerely,

Chris Kolb, President, Michigan Environmental Council (MEC)

Howard Learner, Executive Director, Environmental Law & Policy Center (ELPC)

Liz Kirkwood, Executive Director, For Love of Water (FLOW)

Hans Voss, Executive Director, Michigan Land Use Institute (MLUI)

Anne Woiwode, State Director, Sierra Club Michigan Chapter

Gail Gruenwald, Executive Director, Tip of the Mitt Watershed Council