Tribes, environmental groups challenge Line 5 tunnel in appeals court

January 16, 2025

This week, four tribal nations and environmental groups urged the Michigan Court of Appeals to overturn the state’s approval of Enbridge’s Line 5 tunnel project.

Attorneys for the groups argued the pipeline expansion threatens the Great Lakes and disregards tribal and ecological concerns. They are asking the state to consider a wider range of alternatives to the dual pipelines that carry crude oil and natural gas liquids beneath the Straits of Mackinac.

Carrie La Seur, legal director of the group For Love of Water in Traverse City, said the aging pipelines pose a real spill risk to lakes Michigan and Huron, citing Michigan’s Environmental Protection Act for support.

“We argued that Michigan’s Environmental Protection Act requires a really comprehensive look at feasible and prudent alternatives to any action that would create environmental damage,” La Seur explained.

Enbridge released a statement saying in part the state’s decision to approve the application for the Great Lakes Tunnel Project came after a tremendous investment of time and deliberation by the Michigan Public Service Commission and staff. For nearly four years they carefully examined the complex issue and considered many viewpoints, questions, concerns and ideas.

La Seur said the pipeline project is massive and unprecedented, involving drilling more than 300 feet beneath the land and extending more than four miles. She warned it could create even greater risks and complications.

“It would be transporting flammable product. It would require a lot of very challenging maintenance if there were ever a problem. Any type of spill cleanup would be extremely challenging,” La Seur outlined. “There are all kinds of reasons why this tunnel presents some unique challenges.”

The court has yet to make a decision in the case. Enbridge also needs a permit from the U.S. Army Corps of Engineers, which delayed its review of the project in 2023. The Corps plans to release its draft environmental report this spring.

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