Tribal nations and environmental groups are gearing up for another fight over Enbridge’s proposed Line 5 tunnel as the project heads back to state regulators.
The aging pipeline carries oil and natural-gas liquids through the Straits of Mackinac, where opponents fear a spill could devastate the Great Lakes. Enbridge wants to replace the underwater section with a new pipeline housed in a 4-mile tunnel under the lakebed.
The Michigan Supreme Court found regulators had not adequately considered potential harm to resources protected under the state’s public trust doctrine.
Adam Ratchenski, senior attorney for the environmental law organization Earthjustice, said the commission must rethink its approach.
"This is not a case where an agency looked at 95% of the issues and the court said, 'Just go back and do the other 5%.' The court rejected the commission's framework of analysis and sent this back to the drawing board. It didn't say go back and do a little more; it said go back and do it right this time," Ratchenski asserted.
Enbridge disagrees with the decision and is disappointed by the additional delay to a project which has been under review for close to a decade. The company maintains the tunnel would enhance Great Lakes protection while preserving regional energy reliability. Regulators must examine whether the tunnel would extend the pipeline’s operational life and if better alternatives exist.
Riyaz Kanji, an attorney representing FLOW Water Advocates in the case, explained what it means to protect natural resources under the public trust doctrine.
"The waters and bedlands of our lakes, our precious lakes and rivers and streams are not for the use of private corporations or individuals. Those are held in trust for the public," Kanji emphasized.
The ruling does not permanently reject the tunnel but requires the Public Service Commission to conduct another review under the Michigan Environmental Protection Act.
Enbridge is reviewing the opinion and assessing its legal options. The company said it remains committed to operating Line 5 safely, strengthening safeguards in the Straits and protecting Michigan’s natural resources.
