Home / Environment / Michigan Court Orders Review of Enbridge Pipeline Permit
Michigan Court Orders Review of Enbridge Pipeline Permit
1 Aug
Summary
- Supreme Court ordered regulators to reconsider a key permit for an oil pipeline.
- The ruling could impact Enbridge's Line 5 pipeline under the Great Lakes.
- Regulators failed to consider environmental harm and public trust rights.
The Michigan Supreme Court has mandated a review of a key permit essential for Enbridge's planned tunnel project to carry its Line 5 oil pipeline under the Great Lakes. This 6-1 decision casts further doubt on the future of the 73-year-old pipeline, a vital energy conduit between Wisconsin and Ontario.
Line 5, which traverses 4 miles beneath the Straits of Mackinac, is the subject of significant controversy. Environmental advocates and Michigan's governor seek its complete removal, fearing catastrophic environmental damage from a potential spill. Enbridge proposed encasing the pipeline in a tunnel to mitigate risks, a permit for which was granted by the Michigan Public Service Commission in 2023.
However, the Supreme Court's ruling highlighted critical oversights by regulators. The court determined that the commission did not sufficiently assess whether the tunnel would extend the pipeline's operational life, nor did it thoroughly evaluate impacts on public trust rights such as fishing and boating. These omissions formed the basis for the order to reconsider the permit.
Opponents view the tunnel project as unprecedented and harmful, particularly given the Straits' significance to Indigenous tribes. Enbridge expressed disappointment, citing delays in a project intended to enhance environmental protection and ensure energy reliability. Meanwhile, separate legal efforts by the governor since 2020 aim to shut down the pipeline entirely.
