Michigan Supreme Court Orders Reassessment of Pipeline Permit

Michigan Supreme Court Decision

The Michigan Supreme Court reached a 6-1 decision requiring state regulators to reconsider a crucial permit for a proposed tunnel. This tunnel is intended to house a segment of an oil pipeline beneath the Great Lakes. The decision introduces uncertainty for Line 5, a 73-year-old pipeline owned by Enbridge, a Canadian energy firm, which transports petroleum from Wisconsin to Ontario.

Environmental Concerns and Opposition

The part of the pipeline in focus, called Line 5, extends for four miles along the bottom of the Straits of Mackinac, connecting Lakes Huron and Michigan. Enbridge aims to place this section within a tunnel under the straits. However, environmentalists and Michigan Governor Gretchen Whitmer advocate removing the pipeline from the waterway altogether, citing the catastrophic potential of oil spills.

Opposition insists the construction at the Straits of Mackinac, a sacred site for the Anishinaabe tribes, is unprecedented and would disrupt the area for years. Attorney David Gover from the Native American Rights Fund declared that whether the pipeline is underwater or in a tunnel, passing over half a million barrels of oil daily through the Great Lakes is inadvisable.

Key Arguments in the Lawsuit

Four Michigan tribal nations and environmental groups filed a lawsuit against the permit issued by the Michigan Public Service Commission in 2023. The Supreme Court indicated that the commission failed to evaluate whether the tunnel project would prolong the pipeline’s existence and thereby magnify environmental risks.

The ruling noted inconsistencies in the Public Service Commission’s assessments of pipeline alternatives, such as using trucks or trains for oil transport. Additionally, there was inadequate consideration of the tunnel’s impact on fishing, boating, and other public rights on the Great Lakes.

Enbridge’s Response

Enbridge is examining its legal actions following the ruling and expressing disappointment at this added delay to a project under review for nearly a decade. Ryan Duffy, a company spokesman, underscored that the tunnel aims to bolster environmental safety for the Great Lakes while ensuring energy reliability for the region.

The suggestion of the tunnel followed an incident nearly ten years ago when a ship anchor damaged a portion of the pipeline. Enbridge maintained that the tunnel would significantly minimize oil spill risks, though opponents argue about the consequential noise, vibrations, and lasting environmental damage.

Separately, Governor Whitmer and other officials have pursued the pipeline’s closure under the straits since 2020, paralleling various legal challenges.