The Michigan Court of Appeals has upheld a permit for Enbridge Energy’s plan to bury an oil pipeline beneath the environmentally sensitive Straits of Mackinac.
The unanimous decision by a three-judge panel essentially held there was no reason to reverse the energy-regulating Michigan Public Service Commission’s decision to OK the permit request. The case was filed by a coalition of environmental groups and four tribal nations that are trying to block Enbridge’s plans to bury and encase a section of Line 5 in a tunnel.
They want the state to shut down Line 5, arguing an oil pipeline located at the juncture of Lake Michigan and Lake Huron poses a massive risk to the Great Lakes.
Enbridge cheered the decision as an affirmation that its plans for the Great Lakes tunnel are safe, legal and meet environmental safety standards. The encased pipeline would replace the current underwater section of the pipeline that is set on the lakebed. An anchor strike in 2018 dented the pipeline.
“The Great Lakes Tunnel for Line 5 at the Straits makes what has always been a safe pipeline even safer, ensuring energy access and reliability, and supporting jobs and the economy throughout the region,” said Enbridge spokesman Ryan Duffy in a statement to Michigan Public Radio.
Line 5 was initially constructed in 1953 and carries roughly 540,000 barrels of oil and natural gas liquids through the Straits of Mackinac daily. The line supplies more than half of the state’s propane fuel and 65% of the Upper Peninsula’s home-heating propane.
The next step in the case could be an appeal to the Michigan Supreme Court. In a separate action, the Trump administration approved an emergency order that could fast track approval of a federal permit for the Line 5 project.
Editor's note: Enbridge is among Michigan Public's corporate sponsors.
