Tribes Celebrate as Michigan Supreme Court Nixes Line 5 Permit

In a major victory for Tribal nations in Michigan, the state’s Supreme Court has overturned a key permit that Canadian company Enbridge needs in order to bore a massive four-mile tunnel beneath the Straits of Mackinac to house its Line 5 oil pipeline. The Court’s decision sends the permit back to the Michigan Public Service Commission for a re-do, ruling that the Commission violated the Michigan Environmental Protection Act (MEPA) and its obligations under the public trust doctrine when the Commission approved the tunnel permit in 2023.

“Today is a reminder that when people stand together with courage and conviction, change is possible,” said Bay Mills Indian Community President Whitney Gravelle. “For years, Tribal Nations, communities, and thousands of people across the country have raised their voices to protect the Great Lakes. This decision gives us another opportunity to honor our treaty rights, protect our waters, and consider the generations who will inherit this place. The Straits of Mackinac are not simply a route for an oil pipeline to be abused. They are sacred waters, the heart of creation for Anishinaabe people, and a source of life for millions. Some things are simply too sacred to be buried beneath a tunnel. Our work continues, and we remain committed to protecting the Great Lakes for generations to come.”

Earthjustice and the Native American Rights Fund (NARF) represented the Bay Mills Indian Community, the Little Traverse Bay Bands of Odawa Indians, Grand Traverse Band of Ottawa and Chippewa Indians, and Nottawaseppi Huron Band of the Potawatomi in challenging the permit. The Michigan Climate Action Network (MiCAN) and the Environmental Law & Policy Center brought additional and separate arguments before the Michigan Supreme Court.

“This ruling is an inspiring victory for Tribes, environmental advocates, and everyday people who’ve joined hands in the fight to stop the dangerous Line 5 tunnel project,” said Earthjustice Senior Attorney Adam Ratchenski. “The Court’s decision upholds the bedrock principles of Michigan environmental law. Enbridge’s application to build the tunnel now heads back to the Michigan Public Service Commission, where we will be prepared with robust arguments in defense of Tribal rights and the Great Lakes.”

Enbridge’s proposal to run a hazardous liquids pipeline through a confined underground tunnel has never been attempted anywhere else in the world. It would turn the Straits of Mackinac — a sacred site of creation for Anishinaabe tribes — into a construction zone for more than six years.

“Whether Line 5 is suspended in the water or encased in a tunnel, it is simply a terrible idea to pump more than half a million barrels of oil every day through the middle of the Great Lakes,” said Managing Attorney David Gover with the Native American Rights Fund (NARF). “There is a brighter future on the horizon. We can get oil out of the Great Lakes, protect Tribal sovereignty, and preserve our freshwater for generations to come.”