Line 5 Pipeline: Michigan Tunnel

Line 5 crosses more than 280 rivers and streams, many of which are interconnected and flow to the Great Lakes and the Straits of Mackinac, and throughout which Bay Mills has treaty-protected fishing, hunting, and gathering rights. The Great Lakes are the largest source of surface fresh water in the world, supplying drinking water for 48 million people.

Case Overview

Earthjustice, in partnership with the Native American Rights Fund, represents the Bay Mills Indian Community in the Tribal Nation’s fight to protect the Straits and the Tribe’s treaty rights throughout waters in Michigan.

In 2020, Bay Mills Indian Community became the first Tribal nation to intervene in a proceeding before the Michigan Public Service Commission to contest Enbridge’s proposal to build and reroute the Line 5 oil pipeline with a tunnel in the Straits of Mackinac, a 4-mile-wide waterway that connects Lake Michigan and Lake Huron.

The Public Service Commission is one of the agencies that will determine whether Enbridge can build a massive tunnel to house a new segment of its Line 5 pipeline.

In 2010, Enbridge was responsible for the largest inland oil spill in our nation’s history when another of its pipelines (Line 6B) released nearly one million gallons of oil into Michigan’s Kalamazoo River.

In a related case, the Bad River Band of Lake Superior Chippewa is challenging the environmental review of a plan by Enbridge Energy to relocate part of the Line 5 pipeline where it runs through the Bad River watershed. Earthjustice is representing the Bad River Band in its legal fight.

Bob Gravelle, Bay Mills Tribal citizen, fishes on Spectacle Lake in Bay Mills.
Bob Gravelle, Bay Mills Tribal citizen, fishes on Spectacle Lake in Bay Mills. (Whitney Gravelle)

Case Updates

Adam Ratchenski, Senior Associate Attorney at Earthjustice representing the Bay Mills Indian Community, speaks at a press conference after a hearing at the Michigan Court of Appeals in Lansing, Mich., on Jan. 14, 2025.
January 14, 2025 Press Release

Tribes, Environmental Groups Urge Michigan Appeals Court to Reverse Enbridge Line 5 Tunnel Permit Approval

Michigan panel barred evidence about the public need for Line 5 and its risks

January 14, 2025 In the News: Bloomberg Law

Opponents of New Enbridge Pipeline Segment Say Evidence Ignored

Adam Ratchenski, Attorney, Midwest Office, Earthjustice: “The right to present witnesses, evidence, and argument, and to present rebuttal evidence, is part of the rudimentary due process that’s required in administrative proceedings.”

January 10, 2025 document

Line 5 Tunnel Project Media Backgrounder

A backgrounder on the proposed Line 5 tunnel project in the Straits of Mackinac.