The oil pipeline giant may be nearing the end of a seven-year quest to build a pipeline tunnel under the lake bottom of the Mackinac Strait.
A seven-year battle to continue to flow oil and natural gas under Michigan’s major waterways could head to the state Supreme Court.
The Strait is a narrow spot in northern Michigan, with Lake Huron and Lake Michigan converging.
The plan calls for the construction of a new concrete lining tunnel that includes a four-mile line five, or 645 miles long metal pipeline, carrying light crude oil and natural gas liquids, from Wisconsin to Michigan’s Upper Peninsula. It’s there. The Lower Peninsula – To the refinery and distribution centre in Sarnia, Ontario.
Currently, that segment of the pipeline consists of two 20-inch metal pipes that move natural gas liquids and 540,000 barrels of light crude oil across the channel every day.
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Opponents of Enbridge point to a massive oil spill that contaminated the Kalamazoo River in southern Michigan in 2010 as evidence of the danger posed by the pipeline.
The recent lawsuit, which brought about an appeal, was conditional in 2023 by the Michigan Public Service Commission (PSC) to relocate an Enbridge permit application to move an existing lake bottom pipeline into a bored underground tunnel beneath the lake bottom. It started when I approved.
Two conditions were that Enbridge would procure all required state and federal permits and prepare a detailed risk management plan.
Enbridge first applied for PSC permit in April 2020.
The appeal was brought by the Odaweindian Little Traverse Bayband and the Coalition of Environmental Groups.
The appellant argues that the PSC should not approve Enbridge’s permission. Because they say that every line 5 pipeline is a risk to the environment where it has to be closed.
Michigan Attorney General Dana Nessel is the plaintiff in another pending case against Enbridge to do so.
In late 2020, Gov. Gretchen Whitmer stopped the oil and natural gas flow in the fifth row for six months at Enbridge. Her order was overturned by the court.
Mitigating environmental threats
According to a legal application mentioned in the Court of Appeal ruling, Enbridge said the biggest threat to the current underwater portion of the pipeline comes from tugboats, cargo ships and other large vessels. Ta.
Going underground with concrete-lined tunnels will eliminate the possibility and become an effective barrier to oil spills, the company said.
Michigan Attorney General Dana Nessel; Michigan Attorney General’s Office
In October 2018, the US Coast Guard banned large ships from dropping anchors into the straits, citing the possibility of continuous damage to utility cables and destruction of pipelines.
The successful acquisition of the PSC permit was the first major step in a project that has been plagued by the bureaucracy and courts since 2018.
More permission is required
The project must continue to be permitted by the Michigan Department of Environment, the Great Lakes, Energy and the US Army Corps of Engineers before construction begins.
President Donald Trump’s executive order and policy on energy development have prompted Line 5 to be quickly tracked by finalists for federal approval.
Critics argue that line 5 benefits Canada alone and does nothing to Michiganians, but is at risk of its water and runoff.
According to the Court of Appeals, Enbridge officials sent natural gas liquids to propane production facilities on the Rapid River and light crude oil to facilities that interconnect with other pipelines in Lewiston and Marysville, Michigan. He replied that he would benefit from Michigan. of the state industry.
According to Enbridge, 65% of the residents of the Upper Peninsula rely on propane to heat their homes.
In 2018, the Michigan Legislature declared that the purpose of the fifth line was “in the interests of the people of this state,” according to a court of appeals ruling.
My opponent claimed
The ruling said tribes and environmental groups complained that the PSC didn’t think that line 5 might not be needed given the rise in renewable energy.
The appellant also argued that the comparison provisions of the Michigan Environmental Protection Act regarding alternatives to the project were not properly followed.
Some of the rejected alternatives to oil pipeline transport were railroad cars, or tanker vessels and barges.
The appellant also expressed concern about the impact of greenhouse gas emissions “as it is related to the supply and demand of petroleum products.”
The oil pipeline has moved to something that could ultimately be used as a utility tunnel for the powerline, and communications cables have praised the economic benefits of the project, including several energy companies, labor unions, and several states. It was supported by the entire business group.
Working together
According to legal filings, Enbridge agreed to the establishment of an entity called the Mackinac Strait Corridor Bureau (MSCA) within the Michigan Department of Transport in 2018, including construction, operation, operation and maintenance. concluded the tunnel.
In late 2018, Enbridge agreed to build the tunnel and build and maintain a 30-inch pipeline within the tunnel at its own expense, but under the auspices of authorities.
In 2018, MSCA secured easements for the Michigan Department of Natural Resources tunnel. This is being fought hotly by environmentalists.
Once completed, Enbridge will sign a 99 lease with authority to operate and maintain a new 30-inch pipeline.
MSCA was the co-defendant on the appeal.
The two underwater pipes on the old Line 5 above the lake bottom will be permanently closed once the new pipeline is completed.
