Michigan state environmental regulators are reviewing permits recently granted for the Line 5 tunnel project, a move that follows a Michigan Supreme Court decision that increased the requirements for environmental reviews. The development was announced Wednesday by Governor Gretchen Whitmer and Phil Roos, director of the Michigan Department of Environment, Great Lakes and Energy.
Whitmer, who has described the Line 5 pipeline as "a ticking time bomb in the heart of the Great Lakes," also sent a letter Wednesday to Enbridge CEO Gregory Ebel urging the company to shut down the pipeline "within months." She stated that the court's ruling makes it clear the state must scrutinize the environmental consequences of the proposed tunnel and its alternatives more thoroughly. Whitmer also implored Enbridge to stop relying on the tunnel project, which could take a decade or longer, and instead pursue alternatives that could remove oil from the Straits of Mackinac in a matter of months.
Environmentalists and Native American tribes who oppose the pipeline viewed the renewed permit scrutiny and shutdown push as a victory for the Great Lakes. Conversely, unions and business groups supporting the tunnel described the actions as "a slap in the face."
Enbridge spokesperson Ryan Duffy expressed disappointment with the further delay for a project initially proposed in 2018 with an expected completion date of 2024. Duffy indicated that Enbridge remains ready to meet with the governor to discuss ways to protect Michigan's natural resources while ensuring the continued safe operation of the energy infrastructure.
For years, Enbridge has continued to operate its 73-year-old pipeline in the Straits of Mackinac, defying state orders to cease operations. The company has been awaiting permits to move the pipeline into a tunnel planned to be constructed deep beneath the lakebed. The tunnel plan, devised in 2018, aims to address concerns about potential pipeline ruptures in the Great Lakes and has been a focal point of debate between those advocating for its safety and those calling for a permanent shutdown of Line 5.
Tensions have escalated recently with a series of conflicting decisions. On July 15, the Michigan Department of Environment, Great Lakes and Energy (EGLE) issued key permits for the tunnel project, which drew criticism from opponents of Line 5 who felt it contradicted Whitmer's campaign promise to shut down the pipeline. Subsequently, on July 31, the Michigan Supreme Court vacated a separate tunnel permit issued by the Michigan Public Service Commission, ruling that the commission had not adequately assessed environmental impacts or considered alternatives to the tunnel construction. This ruling necessitates a rework of the commission's review, likely adding years of delay to the tunnel project and setting a precedent for future state environmental reviews requiring broad analyses of project impacts on natural resources and public access to the Great Lakes.
Opponents of the tunnel argue that the EGLE permit cannot withstand this closer review. The Bay Mills Indian Community, represented by Earthjustice lawyer Debbie Chizewer, plans to appeal the permit.
David Holtz, coalition coordinator for the group Oil & Water Don’t Mix, stated that the groups have consistently argued the tunnel is a diversion tactic by Enbridge and that the governor's current stance aligns with their long-held position.
Supporters of the tunnel criticized the governor's latest actions, asserting the project's necessity for protecting the Great Lakes, maintaining energy access, and supporting construction jobs. Brent Pilarski, business manager of the Michigan Laborers District Council, called the delays "puzzling" and a disservice to skilled tradespeople who have supported Whitmer.
The announcement from Whitmer and Roos on Wednesday does not revoke the EGLE permit. However, Roos indicated that conditions attached to the permit prevent construction from proceeding until "legal questions are resolved."
In her letter to Enbridge, Whitmer questioned the feasibility of the tunnel ever being built and urged Ebel to find alternative transportation methods for Enbridge's petroleum that do not involve Line 5. Citing past analyses suggesting minimal impact on energy access from a Line 5 shutdown, Whitmer encouraged Ebel to "pursue an alternative to both the existing dual pipelines and the tunnel, and to begin that work now."
Whitmer argued that Enbridge's previous defense of the status quo, by pointing to the proposed tunnel while asserting the safety of the existing pipelines, was already difficult to accept and has become untenable following the recent court ruling.
The renewed call for shutdown comes six years after Whitmer initially ordered Enbridge to cease using the segment of Line 5 in the Straits of Mackinac. This order followed anchor strikes that damaged the pipeline and raised concerns about a potential catastrophic oil spill in the Great Lakes. Enbridge has contested this order, leading to a federal court battle where a judge ruled in Enbridge's favor in December. The state has appealed this decision, and legal briefing is ongoing. Separately, Michigan Attorney General Dana Nessel is pursuing a shutdown in state court, a case currently paused pending the outcome of the federal legal battle.