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Michigan Supreme Court rejects permit for Enbridge oil pipeline under Great Lakes
The 6-1 ruling requires regulators to redo the environmental review after finding gaps in the permit analysis and alternatives assessment.
On Friday, the Michigan Supreme Court vacated a key permit for the proposed Enbridge Energy Line 5 tunnel beneath the Straits of Mackinac, ordering the Michigan Public Service Commission to redo its environmental review.
The 6-1 ruling found the MPSC failed to consistently examine alternatives to the project or adequately consider how continued pipeline operation impacts public trust resources, such as the Great Lakes.
Justice Elizabeth Welch wrote that regulators erred by not determining if the tunnel would extend the lifespan of the 73-year-old pipeline, creating further environmental harms.
Enbridge spokesman Ryan Duffy expressed disappointment over the project's long review, while Bay Mills Indian Community President Whitney Gravelle praised the decision as a victory for treaty rights and water protection.
The existing pipeline will continue transporting about 540,000 barrels of oil daily across the Straits while the commission conducts its new review, likely delaying tunnel construction for years.