Tribes React as Michigan Approves Line 5 Tunnel Permits

Michigan’s Department of Environment, Great Lakes, and Energy (EGLE) today approved a key set of permits sought by Enbridge to build its risky Line 5 tunnel, which would house the Canadian oil pipeline underneath the Straits of Mackinac for another century. The Bay Mills Indian Community, represented by Earthjustice and the Native American Rights Fund (NARF), has led Michigan tribal efforts to oppose the tunnel project before EGLE and other authorities for years.

“The State of Michigan has betrayed us today, every swimmer, every boater, every fisher, every Tribal Nation, and every Michigander who loves these waters. The Straits of Mackinac, the sacred place where my Tribe’s creation story begins, have been handed over to a foreign corporation with a history that is nothing short of disastrous,” said Bay Mills Indian Community President Whitney Gravelle. “Enbridge has spilled oil, committed safety violations, trespassed on lands, shattered ecosystems, pierced aquifers, violated our laws, and repeatedly shown contempt for tribal sovereignty. They have left devastation in their wake, and now they’re being rewarded with responsibility over one of the most precious and sacred resources in our state. The Great Lakes are not safe in their hands. This decision is a deep betrayal of our Great Lake State, and we will confront it immediately, fiercely, and without hesitation.”

Enbridge’s plan would transform the Straits of Mackinac into an industrial construction zone for at least six years, destroying views, displacing wildlife, and interrupting tourism dollars. Experts warn that running a hazardous liquids pipeline through a confined underground tunnel is dangerous and untested. In June, Enbridge released drilling fluid into a prized Wisconsin wetland while constructing a separate section of Line 5 that’s being challenged by the Bad River Band of Lake Superior Chippewa and environmental groups. The company is responsible for spilling more than one million gallons into the Kalamazoo River in 2010.

“The Straits of Mackinac are not a piece of Enbridge oil infrastructure; they are the heart of creation for Anishinaabe people and a vital source of life for all who depend on the Great Lakes,” said Native American Rights Fund (NARF) Managing Attorney David Gover. “We will pursue every legal avenue to defend treaty rights, protect drinking water, and preserve tribal lifeways from another Enbridge disaster.”

In the coming weeks, Michigan’s Supreme Court is expected to decide whether to overturn a separate state permit for the tunnel in a challenge brought by four Tribal Nations, including Bay Mills, and two environmental groups. Enbridge cannot begin construction until it has secured further needed permits from state agencies and from the U.S. Army Corps of Engineers.

“Our environmental laws, the looming climate crisis, and simple common sense tells us that an oil pipeline doesn’t belong in the Great Lakes,” said Earthjustice Managing Attorney Debbie Chizewer. “Today’s decision is a setback, but we’re not giving up. A future without oil in the Great Lakes is still possible.”