Court Denies Tribes, Green Groups a Line 5 Permit Redo

The Michigan Court of Appeals yesterday 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. The project would extend the operational life of the aging pipeline, pumping oil through the middle of the Great Lakes to primarily Canadian consumers for decades to come.

“We are disappointed, but not surprised by this decision,” said President Whitney Gravelle of the Bay Mills Indian Community. “We will continue to press forward in this fight. Line 5, tunnel or not, isn’t doing the U.S. any favors. This is a Canadian pipeline that benefits Canadian consumers, while putting U.S. residents and treaty-protected waterways at great risk.”

The Bay Mills Indian Community, Grand Traverse Band of Ottawa and Chippewa Indians, Little Traverse Bay Band of Odawa Indians, and Nottawaseppi Huron Band of the Potawatomi argued that the Commission had blocked key evidence about whether Michigan needs Line 5 and the massive environmental risks posed by future oil spills. The three-judge Appeals Court ruled that the Commission “acted reasonably,” upholding the permit decision for now.

“Line 5 is an outdated pipeline that threatens the Great Lakes and water resources throughout Michigan,” said Earthjustice Senior Associate Attorney Adam Ratchenski. “Regardless of today’s decision, it was backwards and dangerous for the Commission to approve this project without a true consideration of whether Michiganders need it. Nobody wants their water poisoned or their property values torpedoed in order to keep Canadian oil and gas flowing through the Great Lakes.”

Enbridge still needs to apply for a new permit from the state’s Department of Environment, Great Lakes, and Energy, which will take comments from the public. The federal U.S. Army Corps of Engineers must also approve the project before construction can begin.

“Millions of people today and those generations still to come depend on the clean waters and wildlife of the Great Lakes, and Line 5 is a major threat to their future,” said Attorney David Gover with the Native American Rights Fund (NARF). “We will continue to seek justice and need every voice in this fight to protect the Great Lakes.”