Download FLOW Appellate Brief (PDF)
Traverse City, Mich.— On April 11, 2024, FLOW filed a brief before the Michigan Court of Appeals aimed at reversing the Michigan Public Services Commission’s (MPSC) approval of the proposed Line 5 tunnel project.
Enbridge’s proposed tunnel received a green light from the MPSC on December 1, 2023. FLOW is challenging the approval arguing that the MPSC’s action violated the Michigan Environmental Protection Act by failing to determine whether feasible and prudent alternatives were available that would render the estimated $2 billion project unnecessary. FLOW also contends that the MPSC failed to undertake any analysis of whether there was a “public need” for the project, given growing concerns over greenhouse gas emissions and projected reductions in the use of transportation fuels.
“Enbridge has admitted that growing U.S. and Canadian concerns over climate change will significantly reduce the serviceable lifetime of Line 5 and the tunnel,” stated FLOW’s Executive Director Liz Kirkwood. “The project is demonstrably an environmental and economic albatross.”
FLOW has joined numerous Native American tribes and other advocacy organizations in formally opposing the tunnel project.
I just read that MPSC is requesting 5M in grants for renewable energy and electrification projects. How in the heck does that fit with their approval of a Line 5 tunnel? That seems to be opposing ideas. MPSC approved a tunnel in Dec of 2023 when they should be looking at feasible and prudent alternatives, which actually would be doing the work that Canada itself should be doing.
Also we don’t need a tunnel or Line 5 at all. Much of the propane for the U.P. is already being trucked and railed in so it is unacceptable to allow a tunnel or to continue Line 5 to run.
The greatest risk is not the lack of propane in the U.P. or the cost of gas and the like in our state. It is the risk of oil contaminating our Great Lakes.