June 17, 2025
Traverse City, Mich. – Flow Water Advocates today announced the filing of a Petition for Review with the United States Environmental Protection Agency’s (EPA) Environmental Appeals Board (EAB), challenging the recent approval and modification of six Underground Injection Control (UIC) permits for Michigan Potash Operating, LLC. Representing Michigan Citizens for Water Conservation (MCWC), Flow argues that EPA Region V’s decision to allow the deep injection of millions of gallons of briny wastewater into wells in Osceola and Mecosta Counties fails to adequately protect critical groundwater resources, which serve as the sole source of drinking water for local rural communities.
The controversial Michigan Potash mine project aims to extract potash and salt through a solution mining process, which involves injecting large volumes of fresh water more than 1.5 miles deep to dissolve minerals, then bringing the briny liquid to the surface. The wastewater from this process, described as non-hazardous salt water, is slated for disposal in deep injection wells, some of which are modifications of existing wells and others are new. This industrial operation, spearheaded by parent company Michigan Potash & Salt Company, has raised alarm bells among environmental advocates and local residents for its potential to contaminate vital freshwater aquifers.
“A rural community’s sole source of precious drinking water deserves the highest standard of protection, and our review indicates EPA has fallen short,” stated Carrie La Seur, Legal Director for Flow Water Advocates and Counsel for Michigan Citizens for Water Conservation. “The EPA’s due diligence in reviewing these permits was inadequate, relying on outdated information and flawed assumptions. Our petition asks the Environmental Appeals Board to compel EPA to uphold its fundamental duty to safeguard our groundwater from industrial pollution.”
The Petition for Review meticulously details the alleged flaws in EPA Region V’s permit approval process. A central argument revolves around EPA’s reliance on dated information regarding the status of numerous plugged and abandoned well-bores within the targeted Dundee and Lucas formations. These boreholes, some dating back to the 1960s and earlier from prior oil and gas exploration, pose a significant risk if not adequately sealed. The petition asserts that EPA failed to perform its own research or conduct new testing to verify the physical integrity and suitability of these aging plugs, which are crucial barriers against the upward migration of injected brine into shallower freshwater zones.
Furthermore, Flow challenges EPA’s reliance on flawed engineering assumptions concerning the “Combined” Area of Review for the injection wells and the behavior of incompressible fluids. The petition argues that these technical errors could lead to an underestimation of the area potentially impacted by the injected brine, further jeopardizing underground sources of drinking water (USDWs).
The Safe Drinking Water Act (SDWA) explicitly requires EPA to establish regulatory programs to prevent underground injections that endanger drinking water sources. Michigan, not having its own EPA-approved UIC program, relies on federal oversight. Flow contends that EPA’s actions in approving these six new and modified UIC wells do not meet this necessarily high standard, particularly given the fissured and heavily perforated nature of the Dundee formation.
“The scale of this mining operation, which proposes to draw over two million gallons of fresh groundwater per day and dispose of vast quantities of process brine, demands the utmost scrutiny,” La Seur added. “Local residents in Osceola and Mecosta Counties, already struggling with economic challenges, cannot afford the crushing financial burden of contaminated well water if these critical aquifers are compromised. This is not just an environmental issue; it’s an economic and public health crisis waiting to happen.”
Local residents have previously voiced concerns, and MCWC participated extensively in the public comment periods on the draft permits. If successful, Flow’s petition to the Environmental Appeals Board could result in the review and remand of Michigan Potash’s UIC permits, forcing EPA to conduct a more rigorous, transparent, and up-to-date environmental review. This action seeks to set a vital precedent for how industrial projects, particularly those involving deep well injection, are evaluated and permitted, ensuring that the protection of Michigan’s precious groundwater resources remains paramount.
This legal action is a critical step in safeguarding Michigan’s irreplaceable water heritage and holding regulatory agencies accountable to their duty to protect public health and the environment.
Flow Water Advocates is a Michigan-based nonprofit organization dedicated to protecting the Great Lakes and Michigan’s fresh water through policy advocacy, public education, and legal action.
Michigan Citizens for Water Conservation (MCWC) is a grassroots organization committed to protecting Michigan’s water resources through education, advocacy, and direct action.
