DETROIT – A federal judge has blocked Michigan’s effort to shut down the Line 5 pipeline that runs under the Straits of Mackinac.
The order came Wednesday, Dec. 17, prohibiting the state from enforcing a 2020 order that would have stopped Enbridge from using the 4-mile strip beneath the Straits of Mackinac. The judge said this would have effectively shut down the pipeline.
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Line 5 is an oil pipeline owned by Canadian company Enbridge Energy. It carries crude oil from northwest Wisconsin, through Michigan, to Sarnia, Ontario, Canada.
Michigan Attorney General Dana Nessel has been fighting to shut down Line 5 since taking office in 2019. The pipeline, which is 72 years old, crosses from the Upper Peninsula to the Lower Peninsula through the Mackinac Straits. Native Americans, environmentalists and others warn that a pipeline rupture in the Great Lakes would be catastrophic.
Related: Does Line 5 put Michigan’s Great Lakes at risk for a ‘catastrophic’ oil spill?
U.S. District Judge Robert Jonker’s order Wednesday stated in part, “Pipeline safety generally, and protection of the Straits of Mackinac, are critical interests to be sure, but when it comes to Line 5, they are the responsibility of the United States and Michigan lacks the power to interfere.”
In his order, Jonker acknowledged that an oil spill in the Great Lakes would undoubtedly be an environmental catastrophe borne almost exclusively by the state. However, he said concerns about protecting the lakes from a pipeline spill must be addressed by Congress and the president.
Related: Federal report warns of environmental risks from Line 5 tunnel project in Straits of Mackinac
The Attorney General’s Office released the following statement:
“In this matter our office represents Governor Whitmer and DNR Director Bowen. We are consulting with their offices for review of the opinion and determination of next steps, which could include efforts to appeal this ruling. From our own preliminary review, it appears this opinion is wrongly decided on the law and an affront to Michigan’s sovereign interests in managing the use and occupation of its submerged lands.
The Attorney General’s lawsuit, Nessel v. Enbridge, remains pending before a state court."
Enbridge released the following statement:
"Enbridge welcomes today’s decision by the Federal District Court granting our motion for summary judgment. This ruling prevents Governor Whitmer and the Michigan Department of Natural Resources from taking further action to shut down Line 5. The Court’s decision safeguards both the United States and Canada from the significant energy disruptions that would have resulted from a closure.
For more than five years, state officials have sought to close Line 5 based on unsupported claims about its safety. The Court affirmed that the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the exclusive federal regulator of pipeline safety. PHMSA has taken no action against Line 5, underscoring its safe operation. Enbridge has always worked closely with PHMSA and will continue to do so.
The Court also agreed with Enbridge that the Michigan’s attempts to revoke the pipeline easement violates express U.S. foreign policy in favor of the uninterrupted flow of oil through Line 5. As the court emphasized, both the U.S. and Canada “agree that a compelled pipeline shutdown of Line 5 would conflict with those domestic and foreign affairs policies.”
Any dispute over its continued operation must be resolved through the 1977 Transit Treaty’s dispute resolution process, which Canada has already invoked. Today’s ruling makes clear that efforts by Michigan officials to permanently shut down Line 5 would interfere with U.S. foreign affairs—authority vested exclusively in the federal government.
Those who rely on Line 5—including workers, refiners, and consumers—can be assured that this decision ensures the continued delivery of critical energy to Michigan and the region."