Michigan judge narrows criteria for denying Line 5 permits

(The Center Square) – Michigan Administrative Law Judge Dennis Mack on Tuesday determined Gov. Gretchen Whitmer’s order to terminate the Enbridge Line 5 easement in May shall have no bearing on whether the Michigan Public Service Commission (MPSC) grants permits for construction of a utility tunnel under the Straits of Mackinac.

In his ruling, Mack determined the service commission’s jurisdiction in granting permits is limited to specifically determining the environmental impacts of moving the existing pipelines into the proposed tunnel and in compliance with the Michigan Environmental Protection Act.

Mack noted the commission’s authority doesn’t extend to a consideration of the long-term environmental effects or safety of the Line 5 operation, nor does it extend to any considerations related to the production, refinement and consumption – including the perception the fuel transported through the tunnel would contribute to climate change as well as the risk of potential pipeline leaks – of the fuel transported through the proposed tunnel.

The judge’s ruling echoes his judgment in October 2020. Several environmental groups appealed Mack’s ruling after Whitmer announced she was revoking the easement under which Enbridge had operated Line 5 since 1953.

“We support the judge’s decision,” Enbridge said in a statement Tuesday evening. “Like the recent issuance of the environmental permits from EGLE, this is an important step in securing the timely construction of the Great Lakes Tunnel,” the statement continued.

The Enbridge statement references the Michigan Department of Environment, Great Lakes, and Energy permits issued last month. The EGLE permits noted the tunnel could be constructed in compliance with Michigan environmental laws while also stating the department supported Whitmer’s decision to shut down the pipeline completely.

“We look forward to working with the Michigan Public Service Commission to address citizen concerns as the MPSC gives ample opportunity for all Michiganders to be heard – while preventing the process from being misused to promote issues unrelated to the project,” Enbridge added

Enbridge received permission to begin building the proposed tunnel during the waning days of the administration of former Gov. Rick Snyder. The tunnel would be buried 100 feet beneath the lake bottom, which would eliminate potential anchor strikes.

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