The Michigan Supreme Court has ruled that state regulators must reassess a critical permit related to a planned tunnel for an oil pipeline beneath part of the Great Lakes. This 6-1 decision complicates the future of the 73-year-old pipeline owned by Enbridge, a Canadian energy company. The pipeline, known as Line 5, moves petroleum from Superior, Wisconsin, to Sarnia, Ontario, covering 4 miles along the bottom of the Straits of Mackinac.
Enbridge aims to relocate the pipeline into a tunnel under the straits. However, environmentalists and Michigan Governor Gretchen Whitmer advocate for removing the infrastructure from the waterway entirely. They argue that any spill would be disastrous for the Great Lakes and the surrounding regions.
In 2023, the Michigan Public Service Commission approved a permit to construct the tunnel. This decision led four Michigan tribal nations and several environmental groups to initiate legal action. The Michigan Supreme Court indicated that regulators need to determine if the tunnel project would extend the pipeline’s operational period, causing further environmental harm.
The court also noted that the Public Service Commission was inconsistent in evaluating alternatives to the pipeline, such as trucks or trains for oil transport. Moreover, they did not assess the tunnel’s potential impact on activities like fishing and boating on the Great Lakes.
“Whether Line 5 is suspended in the water or encased in a tunnel, it is simply a terrible idea to pump more than half a million barrels of oil every day through the middle of the Great Lakes,” said attorney David Gover with the Native American Rights Fund.
Opponents highlight that a project of this nature has never been attempted elsewhere, and that it would transform the Straits of Mackinac, a sacred site for the Indigenous Anishinaabe tribes, into a construction zone for years.
Enbridge is evaluating its legal options following this ruling. The company expressed disappointment over the further delay in a project they believe would enhance environmental protection and ensure critical energy reliability. According to spokesperson Ryan Duffy, the tunnel proposal surfaced nearly a decade ago after a ship anchor dented a section of the pipeline. While Enbridge argues the tunnel would significantly lower spill risks, environmentalists warn of noise, vibrations, and long-term environmental damage.
Additionally, Governor Whitmer and other officials have been working since 2020 to decommission the pipeline under the straits as part of separate court proceedings.
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