Michigan Supreme Court Reconsiders Permit for Enbridge Oil Pipeline

The Michigan Supreme Court has instructed state regulators to reevaluate a crucial permit related to a project to carry an oil pipeline under the Great Lakes. This decision, passed with a 6-1 vote, adds more uncertainty to the future of Enbridge’s 73-year-old pipeline. The pipeline, owned by the Canadian energy company Enbridge, transports petroleum from Superior, Wisconsin, to Sarnia, Ontario.

The section of the pipeline, known as Line 5, spans 4 miles (6 kilometers) along the bottom of the Straits of Mackinac, where Lakes Huron and Michigan converge. Enbridge intends to relocate this segment into a tunnel under the straits. However, environmentalists and Michigan Governor Gretchen Whitmer advocate for its complete removal from the waterway, citing potential catastrophic environmental impacts from an oil spill on the Great Lakes and the surrounding region.

In 2023, the Michigan Public Service Commission granted a permit for tunnel construction. This move faced opposition from four Michigan tribal nations and several environmental groups. On Friday, the Michigan Supreme Court ruled that the commission did not adequately consider whether the tunnel project would extend the pipeline’s lifespan, thereby increasing environmental harm. The court’s ruling also highlighted inconsistent assessments of alternatives to the pipeline, such as using trucks or trains to transport the oil. Additionally, the impact on fishing, boating, and other public trust rights on the Great Lakes was not thoroughly evaluated.

Critics argue that no similar project has been attempted elsewhere, and such construction would disrupt a site sacred to the Indigenous Anishinaabe tribes. David Gover, an attorney with the Native American Rights Fund, stated, “Whether Line 5 is suspended in the water or encased in a tunnel, it is simply a terrible idea to pump more than half a million barrels of oil every day through the middle of the Great Lakes.”

In response to the ruling, Enbridge expressed its disappointment over another delay in this decade-long review process. The company claims that the tunnel would both enhance environmental protection of the Great Lakes and maintain vital energy reliability for the region. Ryan Duffy, an Enbridge spokesperson, emphasized their ongoing review of legal options.

The proposal for the pipeline tunnel dates back nearly ten years, following an incident where a ship’s anchor dented part of the pipeline. Enbridge argues that the tunnel would significantly reduce the risk of an oil spill. However, environmental groups counter that construction could introduce noise, vibrations, and ongoing environmental damage.

Separately, since 2020, Governor Whitmer and other state officials have sought to shut down the pipeline segment under the Straits of Mackinac through various court proceedings.