A Michigan appeals court has greenlit Enbridge Energy’s controversial plan to encase a 70-year-old Line 5 pipeline beneath the ecologically sensitive Straits of Mackinac, rejecting arguments from five Native American tribes and environmental coalitions. The 3-0 ruling on Wednesday preserves state permits for the $500 million tunnel project designed to protect the oil conduit linking Lake Michigan and Lake Huron.
Enbridge first installed the 645-mile pipeline in 1953 to transport 540,000 barrels daily of crude oil and natural gas liquids between Wisconsin and Ontario. Concerns intensified after a 2018 anchor strike and revelations that pipeline coating had degraded since 2014. This aging infrastructure sits in the heart of the world’s largest freshwater system,” said David Scott of the Environmental Law & Policy Center.
“The commission failed to consider whether we even need this pipeline anymore given climate realities,” Scott stated, signaling potential appeals.
The Michigan Public Service Commission faced criticism for focusing narrowly on tunnel safety rather than:
- The pipeline’s overall necessity
- Greenhouse gas impacts of continued fossil fuel transport
- Tribal treaty rights to protect waterways
Enbridge spokesperson Ryan Duffy countered, “The tunnel adds critical protection for our operations and the Great Lakes.” However, legal hurdles persist with:
- A pending 2019 lawsuit from AG Dana Nessel to revoke Enbridge’s easement
- Federal permit requirements from the Army Corps of Engineers
- Gov. Gretchen Whitmer’s pledge to shut down Line 5 entirely
Observers note the Trump administration’s 2017 national energy emergency declaration could expedite federal approvals. With over 300 Michigan waterways at spill risk, this clash between energy security and environmental protection shows no signs of resolution.