(The Center Square) – The Michigan Supreme Court overturned a key permit for the construction of Enbridge’s proposed Line 5 tunnel beneath the Straits of Mackinac.
The court ordered state energy regulators to reconsider their environmental review for the project, which environmental groups and Native American tribal nations have been fighting against since it was first proposed in 2018.
The plaintiffs applauded the decision.
“For years, Tribal Nations, communities, and thousands of people across the country have raised their voices to protect the Great Lakes,” said Bay Mills Indian Community President Whitney Gravelle. “This decision gives us another opportunity to honor our treaty rights, protect our waters, and consider the generations who will inherit this place.”
The proposed changes would move a section of the pipeline into a tunnel under the Straits of Mackinac, which is the four-mile wide waterway connecting Lake Michigan and Lake Huron, dividing Michigan's Upper and Lower Peninsulas. The pipeline currently lies on the bottom of the Straits.
The transmission line is owned by Canadian company Enbridge and goes 645 miles from Superior, Wis., through the Straits of Mackinac in Michigan to Sarnia, Ontario. The 72-year-old pipeline currently moves more than 500,000 barrels of oil and natural gas liquids daily.
On Monday, Enbridge spokesperson Ryan Duffy shared the company’s statement on the decision with The Center Square.
“We disagree with the court’s decision and are disappointed at the additional delay that remand will cause to a project that has already been under review for close to a decade,” it said. “Enbridge is reviewing the opinion and assessing our legal options.”
This is the latest setback for the controversial project, which has faced years of legal challenges and regulatory delays. It also comes just weeks after a significant win for the project, when Michigan regulators approved key permits for the tunnel.
The Michigan Supreme Court’s decision was nearly unanimous, with a vote of 6-1.
“The PSC erred,” the court said, referring to the Michigan Public Service Commission’s approval of the tunnel project. It cited potential “additional environmental harm” with the "the extension of Line 5's operational life."
The plaintiffs said they are ready to continue fighting the project’s permit approval as it heads back to the commission for further review.
“The court’s decision upholds the bedrock principles of Michigan environmental law,” said Earthjustice Senior Attorney Adam Ratchenski. “Enbridge’s application to build the tunnel now heads back to the Michigan Public Service Commission, where we will be prepared with robust arguments in defense of Tribal rights and the Great Lakes.”
Supporters of the project argue the tunnel would make the pipeline safer and Michigan’s economy stronger, while opponents are pushing for Line 5’s closure.
“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 Managing Attorney David Gover with the Native American Rights Fund. “There is a brighter future on the horizon. We can get oil out of the Great Lakes, protect Tribal sovereignty, and preserve our freshwater for generations to come.”
Enbridge said it will continue to push for the tunnel.
“Despite the Michigan Public Service Commission’s rigorous, fact-based process in approving the replacement of the Line 5 pipeline segment into a deep underground tunnel, an approach specifically designed to enhance environmental protection of the Great Lakes while maintaining critical energy reliability for the region, there will be yet another lengthy delay,” their statement said. “What remains unchanged is our commitment to operating Line 5 safely and responsibly, incorporating enhanced safety measures in the Straits, and protecting Michigan’s natural resources for generations to come.”
The project is currently being expedited under President Donald Trump’s day-one executive order declaring a national energy emergency.
Under that order, Trump said that to solve high prices and remedy the “numerous problems” with America's energy infrastructure, the delivery of energy infrastructure must be “expedited” and the nation's energy supply facilitated “to the fullest extent possible.”
