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Yahoo
11-06-2025
- Politics
- Yahoo
Senate panel takes testimony on renewed policies seeking accountability from Michigan polluters
Sen Jeff Irwin (D-Ann Arbor) testifies on a slate of bills aimed at improving polluter accountability during a June 11, 2025 meeting of the Senate Energy and Environment Committee. | Kyle Davidson Lawmakers from the state House and Senate called for an update to Michigan's laws on environmental contamination on Wednesday, arguing the current system does not offer enough protections for individuals impacted by pollution. Testifying before the Senate Energy and Environment Committee, Sens. Jeff Irwin (D-Ann Arbor), Sue Shink (D-Northfield Township), and Stephanie Chang (D-Detroit), as well as Rep. Jason Morgan (D-Ann Arbor), underscored how the state's current regulations have impacted Michigan residents, arguing that they focus too heavily on limiting exposure rather than cleaning up pollution, leaving Michiganders to bear the costs. Last week, members of the House and Senate announced they would be reintroducing 'polluter pay' legislation in each chamber, with House Democrats introducing H.B. 4636–4640 and Senate Democrats introducing S.B. 385–387 and S.B. 391–393. 'Some people are calling for a restoration of a model that requires strict liability and full residential cleanups on every site. In fact, I proposed legislation like that in the past. But that's not what is being proposed today,' Irwin said. 'What is being proposed today is a modest change that preserves the current risk-based system, but that makes modest changes to improve protections for our water, improve protections for our land and improve protections for our health.' As a whole, the package aims to implement stricter pollution reporting and cleanup requirements, extend the statute of limitations for citizens bringing claims against polluters and allow residents impacted by pollution to sue companies for the cost of medical monitoring, Irwin explained. With more than 25,000 polluted sites across the state and 4,603 sites with land or resource controls, Irwin questioned how many aquifers the state is willing to give up to pollution. He also warned the panel that industry lobbyists would testify against these additional measures, arguing they would harm investment in Michigan business. 'Not only do I think that's not true, but we developed these bills in consultation with industry stakeholders,' Irwin said, noting that the sponsors had held workgroup meetings on the policies introduced during the previous Legislative session. The end result was more modest, but would still provide real benefits to the public, Irwin said. Andrea Pierce, policy director for the Michigan Environmental Justice Coalition and founder of the Anishinaabek Caucus said these laws are the beginning step in addressing environmental contamination in Michigan, not the end. Should these bills become law, Michigan would return to the pollution accountability standard it had before the state's polluter pay law was restructured in 1995, Pierce said. 'We need to go back to stronger laws that protect the people and communities of Michigan. Michigan needs a comprehensive legal framework for strengthening accountability and real recourse from those who pollute in our communities,' Pierce said, emphasizing that Michigan's most marginalized communities were also the ones most affected by pollution. Mike Witkowksi, director of environmental and regulatory policy for the Michigan Manufacturers Association argued shifting the system to require more from businesses would hinder the state's brownfield redevelopment efforts. 'These are not technical fixes or minor clarifications. These are fundamental changes that would undermine one of Michigan's most effective tools for addressing environmental contamination and supporting economic growth,' Witkowksi said, criticizing the additional requirements and arguing the package would increase clean up costs and liabilities for businesses. During his testimony earlier in the hearing, Irwin predicted industry stakeholders would argue that the legislation would hamper redevelopment by requiring polluted sites to be restored to pristine condition. 'That's not what this bill does,' Irwin said, arguing that pollution already hampers redevelopment efforts. With the Department of Environment, Great Lakes and Energy lacking both the funding and the personnel to address the thousands of contaminated sites throughout the state, Witkowski said private-sector investors and developers are essential to cleaning up contamination throughout the state. Should these bills take effect, those sites would sit idle and remain polluted, he argued. Shink countered, noting that she'd served on Washtenaw County's brownfield redevelopment board during her time as a county commissioner. 'I can assure you that it isn't just private funds that's cleaning up these brownfield sites. There's a lot of public funds. That means the taxpayers, after the company has made its profit and maybe taken that profit out of state, the community is paying to clean that up,' Shink said, noting that the state is paying to clean up the former Federal Screw Works site in Washtenaw County. Alongside testimony from several environmental advocacy groups, the Department of Environment, Great Lakes and Energy also offered its support for the package with Aaron Keatley, the department's chief deputy director, noting that the bills aligned with their priorities for environmental legislation. Those priorities include transparency, ensuring predictable processes, securing assurances that companies will manage any releases of contaminants until the contamination is cleaned up, ensuring sites are redeveloped and streamlining the department's cleanup criteria so that the standards match the science, Keatley said. 'It is unfortunate that I look at you and I say I cannot tell you how many sites right now are managed by responsible parties, because they're not obligated to inform me of their day to day activities to keep that property safe,' Keatley said. The committee did not take votes on the legislation. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
06-06-2025
- Politics
- Yahoo
Michigan Democrats aim once again to hold polluters accountable for cleanups
State Sen. Jeff Irwin (D-Ann Arbor) broke down a new package of "polluter pay" bills at an Oct. 25, 2023 press conference. | Kyle Davidson Democratic lawmakers in both the Michigan House and Senate announced Friday they would be taking another stab at legislation to hold polluters accountable for cleaning up contamination. For years, Michigan Democrats have introduced 'polluter pay' legislation seeking to alter the current regulations on polluter responsibilities, which lawmakers and environmentalists argue have left taxpayers holding the bag. Michigan is home to tens of thousands of contaminated sites, many of which are 'orphan sites' where the responsible party is either no longer in business, or cannot be identified. Sen. Jeff Irwin (D-Ann Arbor), a longtime advocate for polluter pay policies, said in a statement that the bills would put liability where it belongs: with the polluters. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'It's shocking that Michigan law doesn't require polluters to actually clean up their mess or even report all spills,' Irwin said, noting the reintroduced package of bills aims to ensure more thorough cleanups and comprehensive spill reporting. During the previous legislative session, Irwin, alongside Rep. Jason Morgan (D-Ann Arbor), led the introduction of renewed polluter pay bills intended to give state regulators more tools to enforce environmental cleanups. After the introduction of the renewed package in October 2023, the bills were subject to workgrouping with the Michigan Department of Environment, Great Lakes and Energy and various industry stakeholders. Although several of the bills in the previous package passed through the Democratic-led Michigan Senate, the efforts never came to a vote in the House, as partisan bickering and party infighting left the House's previous Democratic leadership unable to hold session at the end of their term. With Republicans now in control of the chamber, the reintroduced polluter pay policies will likely face an uphill battle in the House, though Senate Majority Leader Winnie Brinks (D-Grand Rapids) told the Michigan Advance that it would be great to see the policies move forward in some form. According to a statement from Irwin's office, several of the renewed polluter pay bills have already been introduced in the Michigan House, with the rest set to be introduced next week. Additionally, Sen. Sean McCann (D-Kalamazoo), who chairs the Senate Energy and Environment Committee, said he intends to hold a hearing on the bills next week. Proposals in the 2025 polluter pay bills include: Stricter pollution reporting and cleanups requirements; Creating an avenue for EGLE to update cleanup criteria as researchers learn more about contaminants while prioritizing the removal of contamination over implementing use restrictions; Allowing individuals exposed to hazardous substances to sue polluters for the cost of medical monitoring; Allowing the state to hold polluters accountable for cleanup costs and damages to the environment from contaminants not regulated before 1994, such as PFAS; And extending the statute of limitations for individuals harmed by pollution by beginning the timeline when the pollution is discovered, in line with the federal 'discovery rule.' Democrats were unable to advance the policies while they held control of both Legislative chambers, but Nick Occhipinti, state government affairs director for the Michigan League of Conservation Voters, said the policies are still viable, even in a split-power Legislature. 'You do any polling on asking Michiganders if polluters should pay to have both legacy and existing sites cleaned up to protect public health, to redevelop those sites and return them to the community, return them to prosperity, they are overwhelmingly in support,' Occhipinti said. Polling in May 2023 from Democratic-leaning public policy polling found 93% of 901 Michigan voters surveyed supported requiring polluters to clean up their contamination, rather than requiring taxpayers to foot the bill.
Yahoo
23-05-2025
- Business
- Yahoo
Michigan Lawmakers Aim to Revisit ‘Polluter Pay' to Enforce Cleanup of Toxic Sites
Stock photo byThis article originally appeared on Inside Climate News, a nonprofit, non-partisan news organization that covers climate, energy and the environment. Sign up for their newsletter here. Michigan lawmakers are again aiming to boost state environmental cleanup standards and force polluting industries to rehabilitate brownfield sites. 'Polluter pay' legislation, facing broad opposition from Republicans, failed last year but Democrats said they are engaging with industry stakeholders to craft laws that will target the worst sites and offenders. Democratic Sen. Jeff Irwin and Rep. Jason Morgan, of Ann Arbor, said they intend to rework bills that ensure companies and utilities pay for cleanups and open their records for public review. The legislation, which they plan to reintroduce in June, would also allow legal recourse for residents who suspect they have been harmed by the pollution. The measure passed the state Senate last year but was lost amid a tumultuous and early end to the Michigan legislature's lame duck session in December. 'We've migrated from 'Let's make this law that holds polluters to account,' to 'How can we focus on the most egregious cases,'' Irwin said. 'How can we work around the edges of the law so as not to fundamentally change its approach, but nonetheless get better results? 'The idea is to require better cleanups of contaminated land and discourage companies from leaving a mess in the first place. I still expect universal opposition from polluters. Industry isn't going to support more stringent standards no matter how reasonable, because it costs them money.' The lawmakers are part of a working group that includes the Michigan Manufacturing Association, the Michigan Chemistry Council and some manufacturers. They said they want industries and state regulators to collaborate in the pollution assessment process, and they envision a negotiation process with some tough compromises. It is likely that some sites will never meet residential standards, Irwin said. 'That gives us more flexibility to address those standards where they make sense,' Irwin said. 'Some properties might continue to be designated for industrial use. Auto plants and other large industrial sites are the ones that may not be fully cleaned up (to residential standards).' First introduced in 2023, Michigan Senate bills 605–611 are far different from laws recently passed in Vermont and New York, which are also often described as 'polluter pays' measures. The Vermont and New York bills are modeled after the federal Superfund law, and would essentially tax big oil companies for their historic greenhouse gas emissions. In Michigan, lawmakers are seeking accountability from businesses and industries that for years have left toxins in the ground or in the water. Michigan has tens of thousands of toxic sites, including many one-time commercial enterprises, that will likely fall within the proposal's reach. The former Gelman Sciences Inc. site in Ann Arbor, which manufactured medical filters and related products for the pharmaceutical and microelectronic industries, is a prime example. The chemical solvent known as 1,4-dioxane, a potential carcinogen, was used in production and has been found in local groundwater and nearby wells. The state and Washtenaw County has been overseeing remediation activities at the site for over 30 years. The federal Environmental Protection Agency has recommended the site to the National Superfund Priorities List. Irwin said troubled sites will be evaluated and tested, with soil and water samples, for a range of toxins. 'Is the site near a residential area, or is it located downtown?' Irwin said. 'The goal is to take this case by case, and allow flexibility for sites that are in different locations.' Progress Michigan, an advocacy organization, said its polls show over 90 percent of the public support laws that could save taxpayers from huge remediation costs. Dave Dempsey, senior advisor at For Love of Water, a nonprofit advocacy group focused on the Great Lakes Basin, said the proposed legislation is an attempt at fairness. The Department of Environment, Great Lakes and Energy 'estimates it will cost $13 billion for all these cleanups,' Dempsey said. 'It could take two generations to do this, or until the end of the century. Now we just have these old sites discharging pollution into rivers and lakes.' Dempsey's organization also wants to prevent an increase in abandoned toxic sites. Taxpayers are currently footing the bill for so-called 'orphan sites,' locations where owners are unclear or unidentified. Under current law, developers who clean up unclaimed brownfields receive tax increment financing, Irwin said. Sean McBrearty, director of the nonprofit Michigan Clean Water Action, said he wonders if any polluter pay effort can succeed when corporations are often the biggest culprits. McBrearty pointed to DTE Energy, which has faced legal action over its coal-fired power plants and other facilities. 'There are industrial accidents that haven't been cleaned up because it's cheaper to lobby the legislature than clean up contaminated sites,' said McBrearty, whose organization has worked with Irwin's latest version of legislation. Irwin acknowledged that his bill will again face tough political realities. 'We worry about a 'pay-to-play' environment where companies will use payments to stop an investigation,' Irwin said. 'Now that the Michigan House is Republican, that adds more of a challenge.'