The Michigan Court of Appeals has chosen to uphold the Michigan Public Service Commission’s decision to permit the controversial Line 5 tunnel, more than a month after lawyers for a number of Native American tribes and environmental advocacy groups urged the Court to overturn one of the permits required for Canadian energy company Enbridge to proceed with the project.
For years, environmental groups and Tribal Nations from all across the Great Lakes Region have voiced concerns about the Line 5 pipeline, especially concerning a four-mile section that passes through the Straits of Mackinac, which links Lake Huron and Lake Michigan.
Opponents say that a spill would be disastrous because Line 5 transports over 22 million gallons of light crude oil and light synthetic petroleum over the Straits every day.
In an effort to minimize any possible spills, Enbridge decided to move the four-mile segment of the pipeline that runs through the straits into a concrete-lined tunnel beneath the lakebed after an anchor strike in 2018 damaged three sections of the pipeline.
Permits from the US Army Corps of Engineers, the Michigan Public Service Commission (MPSC), and the Michigan Department of Environment, Great Lakes and Energy (EGLE) are required before the corporation can proceed with the project’s construction.
The Bay Mills Indian Community, Grand Traverse Band of Ottawa and Chippewa Indians, Little Traverse Bay Bands of Odawa Indians, and Nottawaseppi Huron Band of the Potawatomi, along with a number of clean water and environmental advocates, swiftly challenged the Michigan Public Service Commission’s Dec. 1, 2023, approval of Enbridge’s permit.
MPSC Chair Dan Scripps stated that the tunnel project was the most effective way to lessen the risks posed by the pipeline during its meeting to accept the permit. The lawyers contesting the permit, however, contended that the Commission had either suppressed evidence regarding the public’s need for petroleum products transported by Line 5, the extent of the project’s environmental impact, and its effects on greenhouse gases and climate change, as well as evidence bolstering tunnel alternatives.
The three-judge panel that heard the case found no reason to overturn or remand, even though the parties contesting the permission would have had the permit decision reexamined in light of this new information.
According to Ryan Duffy, a spokesman for Enbridge, the court’s ruling correctly upholds the Michigan Public Service Commission’s (MPSC) thorough and meticulous work in approving the Great Lakes Tunnel Project application.We are still dedicated to appropriately operating Line 5 with improved safety measures in the Straits that safeguard Michigan’s infrastructure and natural resources as we move forward with this modernization project, Duffy stated.
Matt Helms, the MPSC spokesperson, chose not to comment.
Opponents of the project were disappointed and frustrated.
One of the lawyers who argued on the appeal, Carrie La Seur, the legal director of For Love of Water (FLOW), stated that they remain steadfast in their claim that the MPSC wrongly disregarded important material and failed to make decisions mandated by the Michigan Environmental Protection Act.
Earthjustice senior associate attorney Adam Ratchenski, who also argued in the appeal, reaffirmed his worries about the risks the pipeline poses.Regardless of today’s ruling, the Commission’s approval of this project without a thorough assessment of its necessity for Michiganders was risky and outdated. According to Ratchenski, no one wants their property values to be destroyed or their water contaminated in order to maintain Canadian oil and gas flowing across the Great Lakes.
The Bay Mills Indian Community’s president, Whitney Gravelle, described the decision as regrettable but not unexpected.
We’re going to keep fighting this battle. Tunnel or not, Line 5 isn’t helping the United States. According to Gravelle, this Canadian pipeline enriches Canadian customers but poses a serious risk to US citizens and treaty-protected waters.
Karsten Neumeister, the media relations expert for the Environmental Law and Policy Center, which also opposed the commission’s decision to approve the tunnel project, responded that they were still examining the opinion when asked if there had been any discussion about filing a second appeal.
Enbridge must reapply for its water resources permit as part of a legal agreement with the department and the Bay Mills Indian Community, even after EGLE approved the company’s tunnel project permits in 2021. “EGLE Strategic Communications Advisor Scott Dean told the Advance in an email Wednesday that Enbridge has not submitted the application, despite the company having completed surveys of wetlands that may be affected by the project and the Wetland Identification Program providing their services in preparation for their wetlands protection and Great Lakes bottomlands permit application.”
Additionally, a permission from the U.S. Army Corps of Engineers must be obtained for the project. With plans to release its draft environmental impact statement this spring, the Corps had previously stated that it would prolong its environmental evaluation of the project. However, President Donald Trump’s executive order announcing a national energy emergency and instructing the USACE to use its emergency powers as fully as possible could expedite the permission process.
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Eliot Pierce is a dedicated writer for ChiefsFocus.com, covering local crime and finance news. With a keen eye for detail and a passion for storytelling, Eliot aims to provide his readers with clear and insightful analysis, helping them navigate the complexities of their financial lives while staying informed about important local events. His commitment to delivering accurate and engaging content makes him a valuable resource for the community.