Michigan Supreme Court Orders Reconsideration of Pipeline Tunnel Permit

The Michigan Supreme Court has given instructions to state regulators to review a crucial permit linked to a proposed tunnel intended to house an oil pipeline under a section of the Great Lakes. The court’s 6-1 ruling significantly impacts the future of the 73-year-old pipeline owned by Enbridge, a Canadian energy transportation company. This pipeline, known as Line 5, transports petroleum from Superior, Wisconsin, to Sarnia, Ontario, covering a stretch of four miles along the bottom of the Straits of Mackinac where Lakes Huron and Michigan converge.

Enbridge has plans to place the pipeline in a tunnel beneath the straits, while environmental advocates and Michigan Governor Gretchen Whitmer push for moving the pipeline away from this waterway. They argue that a potential oil spill would be devastating to the Great Lakes and the adjacent areas. The Michigan Public Service Commission issued a permit for the tunnel’s construction in 2023. Following this, four Michigan tribal nations, along with several environmental groups, initiated a lawsuit.

The Michigan Supreme Court determined on Friday that the permitting process neglected to evaluate whether the tunneling project would effectively prolong the pipeline’s lifespan, consequently worsening environmental damage. Furthermore, the court criticized the Public Service Commission for inconsistent comparisons with alternative methods of oil transportation, such as trucks or trains. The assessment lacked analysis regarding the tunnel’s potential effects on fishing, boating, and other public trust rights connected to the Great Lakes.

Opponents claim that such a project is unprecedented anywhere and would turn the Straits of Mackinac, which hold sacred significance for the Indigenous Anishinaabe tribes, into a construction zone for an extended period. David Gover from the Native American Rights Fund expressed concern, stating that transporting more than half a million barrels of oil daily through the Great Lakes is an imprudent decision, regardless of whether the pipeline is suspended in the water or enclosed in a tunnel.

Following the court’s decision, Enbridge is examining its legal alternatives. Spokesman Ryan Duffy expressed disappointment over further delays in a project undergoing review for nearly a decade. He emphasized that the tunnel would bolster environmental protection for the Great Lakes while ensuring vital energy reliability for the region. Enbridge proposed the tunnel near the time a ship anchor incident affected the pipeline surface. The company asserts that the tunnel would minimize the risk of oil spills, but environmentalists anticipate noise, vibrations, and lasting environmental consequences from the structure.

In other legal battles, Gov. Whitmer and other state officials have been pursuing the pipeline’s closure under the straits since 2020.