A long-running fight over the Line 5 pipeline beneath the Straits of Mackinac is now before the Michigan Supreme Court.
Justices heard arguments over whether state regulators properly approved a plan to house the pipeline in a protective tunnel beneath the lakebed. Environmental groups argued the decision failed to properly apply the state’s public trust doctrine, which requires protection of waters held for public use.
Riyaz Kanji, attorney for the environmental group Flow Water Advocates, told the justices the record includes evidence the tunnel could harm critical fisheries in the Straits.
"The construction of this tunnel could wipe out whitefish and lake trout spawning grounds in the Straits of Mackinac forever. Permanently," Kanji emphasized.
Enbridge, which operates Line 5, countered the tunnel would improve safety by enclosing the pipeline and reducing the risk of an oil spill in the Great Lakes. The Michigan Supreme Court has not indicated when it will issue a ruling.
Opponents have suggested alternatives to housing the pipeline in a tunnel beneath the lakebed, including shutting down or rerouting it.
John Bursch, the attorney representing Enbridge, told the justices the tunnel is the best option.
"If you're thinking about traditional common law public trust interest, like swimming and fishing and boating, and all those types of things, that the long-term impact of having the pipeline in a tunnel advances all those things. It doesn't reduce them," Bursch argued.
Environmental groups, such as the Michigan Climate Action Network, said the case could also shape how the state’s environmental protection laws are interpreted in future projects.
