Enbridge Energy has received the green light to proceed with its plan to construct a protective tunnel around an aging pipeline located beneath a critical channel connecting two of the Great Lakes, following a recent ruling by a Michigan appeals court.
The Michigan Court of Appeals affirmed that the state Public Service Commission correctly issued the necessary permits for the $500 million project, dismissing claims from environmental advocates and Native American tribes who argued that the commission overlooked the overall necessity of the pipeline.
This tunnel aims to encompass a four-mile (six-kilometer) stretch of Enbridge’s Line 5 pipeline, situated at the bottom of the Straits of Mackinac, which serve as the connector between Lake Michigan and Lake Huron. The pipeline has been in operation since 1953, transporting crude oil and natural gas liquids from Superior, Wisconsin, to Sarnia, Ontario.
Concerns over a potential disaster from a spill in the straits have heightened since 2017 when it was disclosed that Enbridge had been aware of issues with the pipeline’s coating since 2014. The anxiety surrounding its safety escalated significantly in 2018, following damage to the line caused by a boat anchor.
Despite these concerns, Enbridge asserts that the pipeline remains structurally sound. Nonetheless, a compromise was formed between the company and former Michigan Governor Rick Snyder’s administration in 2018, which included plans for constructing the protective tunnel.
In December 2023, the Michigan Public Service Commission provided state permits for the project. Various environmental organizations, including the Michigan Environmental Council and the National Wildlife Federation, along with tribes such as the Little Traverse Bay Bands of Odawa Indians and others, appealed to the appellate court, requesting a reversal of the commission’s decision.
These groups contended that the commission had improperly focused solely on the public need for the tunnel, ignoring whether the entire pipeline remains necessary. They also raised concerns regarding the environmental impact of greenhouse gases from petroleum products.
The appellate court concluded that the commission had delivered a thorough opinion and acted within reason, ruling that there was no justification for a reversal or for revisiting the decision.
David Scott, a senior attorney from the Environmental Law & Policy Center and one of the case’s plaintiffs, expressed disappointment over the ruling, hinting at potential further legal maneuvers without providing specific details.
Representing the tribes in the case, the environmental law firm Earthjustice’s attorney Adam Ratchenski criticized the appellate ruling. He argued it was unwise for the commission to approve the tunnel without a proper evaluation of its necessity for Michigan residents.
He remarked that no one wishes to see their water contaminated or property values plummet simply to facilitate the continued transit of Canadian oil and gas through the Great Lakes.
Enbridge spokesperson Ryan Duffy welcomed the appellate ruling, highlighting that the planned tunnel would enhance the safety of an already secure pipeline.
Nevertheless, the legal dispute surrounding the tunnel persists. Current Michigan Governor Gretchen Whitmer opposes the ongoing operations of Line 5, even if encased within a tunnel. Additionally, Attorney General Dana Nessel has filed a lawsuit seeking to annul the easement permitting the pipeline’s passage under the straits, which is still in the state court system in Ingham County, with a ruling anticipated soon.
Before construction can commence, Enbridge must still secure additional permits from the Michigan Department of Environment, Great Lakes and Energy, as well as federal permits from the U.S. Army Corps of Engineers. Environmentalists express concerns that the current presidential administration may expedite this permitting process, particularly following a declaration of a national energy emergency on the first day of Trump’s presidency.
