Whitmer rethinks Line 5 tunnel permits, ramps up shutdown pleas after court ruling

State environmental regulators are reviewing permits they recently granted for the Line 5 tunnel project, in light of a recent Michigan Supreme Court decision that raised the bar for environmental reviews.

Gov. Gretchen Whitmer and Phil Roos, director of the Michigan Department of Environment, Great Lakes and Energy, announced the development Wednesday in a press release.

Calling the Line 5 pipeline “a ticking time bomb in the heart of the Great Lakes,” Whitmer also wrote a letter Wednesday urging outgoing Enbridge CEO Gregory Ebel to shut it down “within months.”

“The Michigan Supreme Court has made clear that the state must more thoroughly scrutinize the environmental consequences of the proposed tunnel and the alternatives to it,” Whitmer said in a statement. “At the same time, Enbridge needs to stop asking Michigan to wait for a tunnel that could be a decade or longer away and start pursuing alternatives now that can get oil out of the Straits within months.”

Environmentalists and Native American tribes who oppose the pipeline celebrated the renewed permit scrutiny and shutdown push as a win for the Great Lakes, while unions and business groups that support the tunnel called it “a slap in the face.” 

Enbridge spokesperson Ryan Duffy lamented the additional delay for a project originally pitched in 2018 with a targeted completion date of 2024. 

“We continue to stand ready to meet with the Governor to look at ways that protect Michigan’s natural resources while ensuring the continued safe operation of critical energy infrastructure,” Duffy said.

For years, the Canadian oil company has defied state orders to shut down its 73-year-old pipeline in the Straits of Mackinac, instead continuing to pipe oil through the open water while it awaits permits to move the pipeline into a planned tunnel deep beneath the lakebed.

Devised in 2018 to alleviate concerns that Line 5 could rupture in the Great Lakes, the tunnel plan has long fueled debate between those who see it as a crucial pipeline safety project, and those who favor a permanent Line 5 shutdown.

Tensions have flared in recent weeks amid a flurry of competing decisions tied to the tunnel proposal. 

On July 15, EGLE issued key permits for the tunnel project, angering Line 5 opponents who saw the move as a betrayal by Whitmer, who campaigned for office on a vow to shut down Line 5.

Two weeks later, 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 considered environmental impacts or alternatives to digging the tunnel.

The ruling forces the Public Service Commission to rework its review, likely adding years of delay to the tunnel project.

It also sets a precedent for other state environmental reviews, requiring broad analyses of how proposed projects impact natural resources and the public’s right to use and enjoy the Great Lakes.

Tunnel opponents have argued the EGLE permit can’t withstand that kind of closer review. The Bay Mills Indian Community plans to appeal the permit, said Debbie Chizewer, an Earthjustice lawyer representing the tribe.

The groups “have been saying all along that the tunnel is a tactic by Enbridge to divert attention away from the threat of Line 5 that exists today,” said David Holtz, coalition coordinator for the group Oil & Water Don’t Mix. “Now the governor’s saying it, too.”

Tunnel supporters criticized Wednesday’s announcement, saying the project is needed to protect the Great Lakes, maintain energy access and support construction jobs. 

“Governor Whitmer’s actions to further delay the Great Lakes Tunnel Project are puzzling, and a slap in the face of every skilled tradesperson who has supported her,” said Brent Pilarski, business manager of the Michigan Laborers District Council. “Politicians often speak on affordability, sustainability and protecting the middle class. The Great Lakes tunnel accomplishes that and more.” 

Whitmer’s and Roos’ Wednesday announcement does not revoke the EGLE permit. However, Roos said conditions EGLE added to the permit prevent construction from moving forward until “legal questions are resolved.”

In her Wednesday letter to Enbridge outgoing CEO Gregory Ebel, Whitmer questioned whether the tunnel will ever be built and urged Ebel to find a way to transport Enbridge’s petroleum without relying on Line 5.

Citing past analyses that have concluded a Line 5 shutdown would have little impact on energy access, Whitmer urged Ebel to “pursue an alternative to both the existing dual pipelines and the tunnel, and to begin that work now.”

“For years, Enbridge has responded to concerns about the existing pipelines by pointing to the proposed Great Lakes Tunnel, while insisting the status quo is perfectly safe,” Whitmer wrote. “That argument was difficult enough to accept before July 31. It is untenable now.”

The renewed shutdown push comes six years after Whitmer first ordered Enbridge to stop using the Straits segment after a series of anchor strikes damaged the pipeline and stoked fears that it could cause a catastrophic oil spill in the Great Lakes.

Enbridge has defied the order while suing Whitmer in federal court on claims that Michigan has no authority to shut down a federally-regulated pipeline. US District Judge Robert Jonker ruled in Enbridge’s favor in December. The state appealed in January and briefing is underway.

Separately, Attorney General Dana Nessel is seeking a shutdown in state court. That case is paused pending the outcome of Enbridge’s legal battle with Whitmer.

___

This story was originally published by Bridge Michigan and distributed through a partnership with The Associated Press.