PHOTO BY JASON GILLMAN FROM PIXABAY
On November 13, Michigan State Governor Gretchen Whitmer revoked a 1953 easement allowing Enbridge to carry oil and natural gas in a line underneath the Straits of Mackinac, which links Lake Michigan and Lake Huron.
Enbridge’s Line 5 carries 23 million gallons of oil and natural gas liquids per day from Superior to Sarnia, Ontario. Gov. Whitmer and her proponents, including environmental and tribal groups, seek to shut down the line, arguing it poses a threat to the environment and public health and ordered Enbridge to stop the flow of oil within 180 days.
Michigan Attorney General Dana Nessel filed a lawsuit against Enbridge on behalf of Gov. Whitmer and State Department of Natural Resources Director Dan Eichinger to enforce the order.
“I commend Gov. Whitmer and Director Eichinger for their forceful actions today to address the grave threat posed by Enbridge’s unlawful operation of its pipelines in the Straits of Mackinac,” Nessel said in a statement, reports Wisconsin Public Radio. “With the steps they took today, Gov. Whitmer and Director Eichinger are making another clear statement that Line 5 poses a great risk to our state, and it must be removed from our public waterways.”
The state argues the easement violates the Public Trust Doctrine, which legally holds the state to keep navigable waterways and the lands beneath them in trust for public uses such as fishing, boating and recreation. Gov. Whitmer also cites repeated violations by Enbridge in operation of the line. In turn, Enbridge claims it is operating the line safely under federal safety regulations and in compliance with the easement.
Enbridge further warns shutting down the line could threaten Northern Michigan’s energy security and result in a loss of jobs. Under Gov. Rick Snyder’s administration, Enbridge reached an agreement to replace Line 5, and the company is working to obtain permits to build a roughly $500 million tunnel that would house a new pipeline. It is unsure how the current lawsuit might affect these plans.
