Michigan Governor Challenges Federal Court Ruling on Pipeline Controversy
The ongoing battle over the future of the Line 5 pipeline has taken a new turn as Michigan Governor Gretchen Whitmer has decided to appeal a recent federal court decision. This legal conflict centers on the pipeline operated by Enbridge, which runs through the Straits of Mackinac, a vital waterway connecting Lake Huron and Lake Michigan.
Line 5, a crucial conduit for transporting oil and gas from Wisconsin to Canada, has been the subject of contention due to safety concerns. Michigan authorities have long sought to decommission the pipeline, citing the risk of environmental disasters from potential anchor strikes, like the one in 2018 that caused damage to the aging infrastructure. The state argues that such incidents could lead to catastrophic oil spills in the Great Lakes.
Back in 2020, Governor Whitmer attempted to revoke the 1953 easement that authorized the pipeline’s operation, claiming it was void and accusing Enbridge of failing to meet safety standards. Enbridge, however, has refuted these allegations, asserting that Line 5 is safe and does not pose an environmental threat. In response to the shutdown attempts, Enbridge took legal action against the governor.
The legal struggle escalated when a federal district judge, Robert Jonker, ruled in favor of Enbridge, emphasizing that federal laws governing pipeline safety and U.S. foreign policy take precedence over state-level concerns. “For better or worse, the national government has unequivocally decided to displace state power in this area and assume exclusive responsibility for interstate pipeline safety,” Jonker stated in his opinion.
While the case against Governor Whitmer proceeds, the U.S. Supreme Court has agreed to hear arguments on whether a related lawsuit by the Michigan attorney general should be tried in state or federal court. This development coincided with Whitmer’s decision to appeal the federal court’s ruling.
Neither Governor Whitmer’s office nor the state Department of Natural Resources, a co-defendant in the case, has commented on the appeal, citing ongoing litigation. Meanwhile, Enbridge has reiterated its stance, stating, “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,” according to spokesperson Ryan Duffy.
This marks the second instance of the federal case appearing before the Sixth U.S. Circuit Court of Appeals. Previously, the appellate court dismissed a constitutional challenge from the state in April, allowing the case to proceed.
As the judicial proceedings unfold, the Michigan Department of Environment, Great Lakes, and Energy is evaluating a proposal from Enbridge to construct a tunnel beneath the Straits of Mackinac, which would house the pipeline and potentially mitigate the risks associated with its current lakebed location.
Editor’s note: Enbridge is among Michigan Public’s corporate sponsors.
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