Michigan Court of Appeals upholds Enbridge Line 5 permits for tunnel construction

FOX 2 - A plan to build a protective tunnel by Enbridge Energy around a pipeline in the Straits of Mackinac has been allowed to continue - although the finish line still could be in doubt.

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The project's permits were upheld by the Michigan Court of Appeals despite efforts by environmental activists and Native American tribes. The $500 million protective tunnel would be built around the aging underwater pipeline in the area connecting Lake Michigan and Lake Huron.

Permits for the project were issued properly by the state Public Service Commission, the court found.

Enbridge's pipeline has been in use since 1953 for transporting crude oil and natural gas liquids between Lake Superior, Wisconsin and Sarnia, Ontario.

Concerns over the potential catastrophe of an oil spill in the Great Lakes by environmentalists was accelerated in 2017 when Enbridge revealed gaps in the pipeline's coating was found by engineers three years prior.

An accident in 2018 saw the line damaged from a boat anchor, sparking further fears of a worst-case scenario.

The tunnel would be constructed around a four-mile section but more permits are still needed before the project can receive the green light. Enbridge still needs federal construction permits from the U.S. Army Corps of Engineers.

President Donald Trump declared a national energy emergency on his first day in office, which has led critics to worry the project may be fast-tracked.

The groups and the tribes claimed that the commission improperly considered only the public need for the tunnel rather than whether the entire pipeline as a whole is still necessary. They also argued the commission did not adequately analyze petroleum products’ greenhouse gas impacts.

One such group, For Love of Water, said it will appeal the decision.

"We stand by our argument that the MPSC failed to make the determinations required under MEPA and improperly excluded critical evidence offered by the intervenors," said FLOW Legal Director Carrie La Seur. "Michigan’s public trust guardianship is codified in MEPA and the Michigan Constitution, which apply to all agency actions.

"Just like a tenant has no right to give away a rented house, the Legislature has no right to hand over its public trust responsibilities. The state holds Michigan waters in trust for all Michiganders, in perpetuity. They are not for sale."

Related:

• In win for Enbridge, energy company approved for underground tunnel to house replacement pipeline
• Enbridge sues Michigan after Whitmer demands company shut down oil pipeline

Enbridge officials have repeatedly claimed the pipeline is structurally secure, but in 2018 reached an agreement with former Michigan Gov. Rick Snyder’s administration for the protective tunnel construction.