LANSING, MI (WKZO AM/FM) — Canadian energy company Enbridge is filing a federal complaint seeking an injunction to stop the State of Michigan from taking any steps to prevent the operation of Line 5.
Line 5 operates below the Straits of Mackinac. Earlier this month, the state notified Enbridge that it is revoking and terminating the 1953 easement allowing Enbridge to operate the Line 5 dual pipelines in the Straits of Mackinac, effective 180 days from the date of the notice.
The state is revoking the easement for violation of the public trust doctrine.
According to State officials, the State of Michigan is recognized as the “trustee” of the public’s rights in the Great Lakes and lays upon the state legal obligations to protect those rights from any impairment.
The state found that the 1953 easement violated the public trust doctrine from its inception because the easement does not make the necessary public trust findings.
The state also cites risks of damage to the pipelines as a reason for the order, which would put the environment at risk in case of a rupture. The state also reported that some of Enbridge’s own vessels may have struck the pipeline with an anchor.
On Tuesday, Governor Gretchen Whitmer’s Communications Director Tiffany Brown issued the following statement on the complaint –
“Governor Whitmer was elected to protect and defend the Great Lakes, which are vital to Michigan’s economy and support over 350,000 jobs. Today’s lawsuit filed by Enbridge brazenly defies the people of Michigan and their right to protect the Great Lakes from a catastrophic oil spill. In short, Enbridge claims it can continue to pump oil through the Straits of Mackinac indefinitely, posing enormous risk to our economy and way of life – and that the people of Michigan have no say in the matter. The company that spilled nearly one million gallons of oil into the Kalamazoo River and made Michigan the home of the largest on-land oil spill in American history has again demonstrated it cares only about its bottom line.”
However, Enbridge claims the order is illegal.
“A federal agency, the Pipeline and Hazardous Materials Safety Administration (PHMSA), is Enbridge’s safety regulator, not the State of Michigan,” officials said in a released statement. “In fact, only three months ago the safety of the Dual Pipelines was reviewed by our regulator and the Pipelines were found to be fit for service. The State’s attempt to assume the role of safety regulator through its notice purporting to ‘terminate and revoke’ the easement is improper and unlawful.”
Enbridge officials also say that a disruption of Line 5 would create a propane shortage.
“In the face of continued roadblocks by this Administration it’s time for the State to stop playing politics with the energy needs and anxieties of US and Canadian consumers and businesses that depend on Line 5,” Executive Vice President and President of Liquids Pipelines Vern Yu said in a statement. “It is concerning to see the current Administration is willing to compromise these needs. We remain highly committed to protecting the Great Lakes, the environment, and all the people who use these waters while delivering energy that people rely on daily. Enbridge’s Line 5 has served Michiganders safely without spilling a drop of oil at the Straits crossing for more than 65 years, over nine different State Administrations.”
Enbridge’s full statement on the measure can be found at this link.
The State of Michigan’s order from earlier this month can be viewed here.
