Michigan Court of Appeals Affirms Line 5 Tunnel Permit; FLOW Asserts Michigan’s Public Trust Responsibilities
Traverse City, Mich.— For Love of Water (FLOW) participated in consolidated appeals challenging a Michigan Public Service Commission (MPSC) order conditionally approving Enbridge Energy’s application to replace the segment of its Line 5 pipeline under the Straits of Mackinac, constructing a new pipeline within a proposed tunnel. On February 19, the Michigan Court of Appeals affirmed the MPSC’s order.
Background: Following a series of agreements between Enbridge and the State of Michigan, and the creation of the Mackinac Straits Corridor Authority (MSCA) by the state legislature to oversee tunnel construction, Enbridge sought MPSC authorization for the “Replacement Project”. In 2024, MPSC issued a permit.
Appellants’ Arguments: The appellants (environmental groups, tribes, and an individual) argued that the MPSC erred by:
- Limiting its review to the public need for the replacement segment rather than the entire Line 5 pipeline.
- Using improper comparisons in its Michigan Environmental Protection Act (MEPA) analysis.
- Inadequately analyzing greenhouse gas (GHG) emissions.
In addition, FLOW argued that Michigan has sovereign public trust responsibilities that cannot be waived legislatively through the delegation of a public policy decision to an agency.
The Court’s decision held that:
- The MPSC properly limited its review to the Replacement Project, as the application concerned only that specific segment. The need for the entire Line 5 had been previously established.
- The MPSC’s MEPA analysis was sufficient. While the court noted some inconsistencies in comparisons (e.g., comparing rail alternatives for the entire line but not the existing pipeline), it concluded that the MPSC ultimately considered all presented alternatives and that its decision was supported by the record.
- Because the MPSC has only the authority created in it by the Legislature, it has no duty to consider the public trust in its decisions.
FLOW Legal Director Carrie La Seur said, “We stand by our argument that the MPSC failed to make the determinations required under MEPA and improperly excluded critical evidence offered by the intervenors. Michigan’s public trust guardianship is codified in MEPA and the Michigan Constitution, which apply to all agency actions. Just like a tenant has no right to give away a rented house, the Legislature has no right to hand over its public trust responsibilities. The state holds Michigan waters in trust for all Michiganders, in perpetuity. They are not for sale.”
FLOW is likely to appeal this decision.
AAAARRRGGGGHHH, is the most I can/want to say!
CLOSE LINE 5 PIPELINE NOW!!!!!!! HOW DARE THEY RISK DESTROYING THE GREAT LAKES WITH OIL FROM LINE 5 PIPELINE WHICH SHOULD HAVE BEEN CLOSED YEARS AGO.
Agree
Sadly, the Line 5 pipeline is not limited to supplying gas and oil to benefit citizen lives, it is considered a crucial resource to powering the military-industrial complex in Michigan. All other sources of petroleum for building bombs, fueling weapons delivery systems, and operating factories that manufacture tanks, guns, etc, need dependable alternative sources. Line 5 was built after WWII to provide just such reliable alternative.
Note, how often the established political parties always come to decisions that allow more military manufacturing, (SAAB), military expansion, (DNR – Camp Grayling), weapons training, (NMC drone, and marine classes). Nine 5 is just one link in our war machine. Why worry about saving the environment, while we concentrate on promoting death.
It seems the people with power have no common sense, or they simply don’t care about the risk Line 5 represents to our irreplaceable Great Lakes. Every living human being has a responsibility to ensure the Great Lakes survive, un contaminated, for all to enjoy, always. Water is life.
The Great Lakes are bordered by Michigan, Wisconsin, Minnesota and Canada. These waters are enjoyed by millions of people from around the world. The fresh water provided by these lakes comprises 30% of the world’s fresh water. If Enbridge has a spill all 30% of the world’s fresh water will disappear. The Great Lakes are a precious and finite gift for all. Please stop Enbridge’s project.
It is disgusting! Line 5 and the proposed tunnel is toxic to our water. It puts all life at a great risk. It needs to be stopped and shut down. Please continue to the work you do to protect our water and appeal this decision.
Apparently, Enbridge henchmen have found a clever way to adhere to the letter of the law–narrowly–while smashing the spirit of the law. Even the segment of the pipeline they have focused on is so badly designed that professional engineers scorned it. The entire pipeline must be shut down. It is unnecessary, illegal, and incredibly dangerous.