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

This story was originally published by Bridge Michigan (bridgemi.com), a nonprofit and nonpartisan news organization. To get regular coverage from Bridge Michigan, sign up for a free Bridge Michigan newsletter here.

• State regulators are rethinking a recently issued permit for the Line 5 tunnel, arguing a recent Supreme Court ruling requires greater scrutiny
• The move comes as Gov. Gretchen Whitmer revives calls for Enbridge Energy to shut down the lakebottom petroleum pipeline
• Originally slated to be complete by 2024, the tunnel project is years behind schedule with an uncertain fate

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, with Whitmer also calling for Enbridge Energy to shut down the existing Line 5 pipeline “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.”

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.

Tensions over the pipeline 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 a tunnel project that Enbridge originally vowed to complete by 2024.

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 a 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.