Library Search

Tribes and environmental orgs are asking the Court to overturn a state agency’s permit

Four Michigan Tribes and environmental groups ask the state Supreme Court to consider overturning a lower court decision that upheld the Michigan Public Service Commission’s permit for the Line 5 tunnel project.

Debbie Chizewer, Managing Attorney, Midwest Office, Earthjustice: “If the Corps advances the Line 5 tunnel project through this process, we expect them to comply with the law. The truth is there is no national energy emergency, and even if there was, Line 5 is a pipeline that transports Canadian oil primarily to Canada. It will…

Debbie Chizewer, Managing Attorney, Midwest Office: “This would be unprecedented. The only time the corps’ emergency provisions have been used before have been for natural disasters.”

Six Tribes end cooperation with U.S. Army Corps over “Energy Emergency” plans

Six Michigan Tribes withdrew from Line 5 federal discussions after learning that the U.S. Army Corps of Engineers will likely fast-track its approval for Enbridge’s massive oil tunnel project, in accordance with President Trump’s Executive Order declaring an “energy emergency.”

The Michigan Court of Appeals sided with Enbridge and MPSC on tunnel project

Adam Ratchenski, Attorney, Midwest Office: “Nobody wants their water poisoned or their property values torpedoed in order to keep Canadian oil and gas flowing through the Great Lakes.”

Debbie Chizewer, Managing Attorney, Midwest Office: “It is laughable to see Line 5 on this list. It’s a pipeline that carries crude oil from Canada to Canada and will not increase U.S. capacity or respond to Trump’s declared energy emergency.”

The Michigan Court of Appeals struck down a challenge by Tribal Nations and green groups who sought to overturn the Michigan Public Service Commission’s decision to permit Enbridge’s Line 5 tunnel project beneath the Straits of Mackinac.

Debbie Chizewer, Managing Attorney, Midwest Office: “Race is the biggest predictor of exposure to pollution and results in more cancer, more respiratory disease and more harm to children.”

Earthjustice and the Native American Rights Fund (NARF) represent the Nez Perce Tribe, Quinault Indian Nation, Bay Mills Indian Community, Puyallup Tribe of Indians, Lac du Flambeau Band of Lake Superior Chippewa Indians, Sokaogon Chippewa Community, Confederated Salish & Kootenai Tribes of the Flathead Reservation, Red Lake Band of Chippewa Indians, Fond du Lac Band of Lake Superior Chippewa, Grand Traverse Band of Ottawa and Chippewa Indians, and White Earth Band of the Minnesota Chippewa Tribe in this case.

An explainer for residents and community members in Detroit about the health impacts of DTE’s EES Coke facility, sulfur dioxide emissions, and our intervention in the Environmental Protection Agency’s Clean Air Act lawsuit against the facilities on behalf of Sierra Club.

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

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.”

An internal memo circulated in January 2025 by Former Assistant Secretary of the Army (Civil Works) Jaime Pinkham directed the agency to assess the risk of oil spills from approving the Line 5 oil tunnel project, and to consider other alternatives in its review.

A letter from the Environmental Protection Agency (EPA) stating that Enbridge’s proposed Line 5 reroute project may affect the water quality of the Bad River Band of Lake Superior Chippewa.

The Bay Mills Indian Community, represented by Earthjustice and NARF, join six other Tribal Nations in supporting Attorney General Nessel’s claims against Enbridge and the continued operation of the Line 5 dual pipelines.