Legal experts say Michigan has a better chance of persuading a state court to shut down the pipeline, while Enbridge is more likely to prevail in federal court.
Don’t expect big new efforts to shut down Line 5 when Democrats take control. Those on both sides of the issue say the pipeline’s fate is now in the hands of a federal judge and President Joe Biden.
Whitmer wants to close Line 5, prepare for climate change, watchdog industrial polluters and update water safety. Dixon wants Line 5 open, regulations cut and a state that treats businesses like customers, not adversaries.
A federal judge ruled the attorney general’s suit seeking a Line 5 pipeline shutdown should be heard in federal court. Nessel wanted the matter kept in state court, where she saw a more secure path to victory.
The Michigan Public Service Commission voted to collect more evidence on safety and explosion risks before deciding whether to grant the Canadian energy company a key permit to begin the tunnel project in the Straits of Mackinac.
The risk of keeping Line 5 open or building a new pipeline does not outweigh the very real harms that can and will result from its continued operation.
The best way to make this already safe pipeline even safer is to move forward with the plan to get it out of the water and into the Great Lakes Tunnel, far below the Straits of Mackinac.
Republicans want to suspend the state’s 27-cent-per-gallon gas tax for six months, a relief for drivers but that would cost the state $770 million. Some Democrats want to halt the 6-percent sales tax on gasoline instead.
The Michigan Public Service Commission included climate change impact as it considers Enbridge Energy's request to move its Line 5 oil pipeline from the lake bed of the Mackinac Straits to a proposed tunnel under the Straits.
A report commissioned by a Canadian environmental group argues that the loss of oil and natural gas to the Midwest from a Line 5 shutdown can be made up through increased use of trains, trucks and another pipeline, which Enbridge disputes.
In a year-end interview, Michigan Attorney General Dana Nessel vows to protect the vaccine mandate and abortion rights and blasts Enbridge over Line 5.
When Attorney General Dana Nessel dropped a federal lawsuit over the fate of Line 5 and reactivated a mothballed state-level suit, she had hoped for better odds before a state judge. Enbridge wants to undermine that strategy.
Attorney General Dana Nessel has dropped the state’s federal suit against Enbridge. But Nessel, at the request of Gov. Gretchen Whitmer, has reactivated a state court suit seeking to shutdown the oil pipeline.
Michigan Gov. Gretchen Whitmer ordered Line 5 closed a year ago, citing safety concerns. The Biden administration is now involved. But chances of an imminent shutdown appear slim. We lay out some of the hurdles.
Tribal leaders have called upon the Biden administration to make “a serious commitment” to uphold the rights of Michigan tribes and shut down Line 5. Last week, Canada cited a 1977 treaty with the U.S. in hopes of keeping Line 5 open for the Canadian-based company.
Canada argues a 1977 treaty between the nations leaves Gov. Gretchen Whitmer powerless to order Line 5 shutdown. A lawyer for Canada asked a federal judge to halt the lawsuit until diplomats can talk.
Natural populations of oil-degrading bacteria could help to clean up freshwater rivers and lakes after spills from pipelines and trains, but it’s not clear whether using bacteria could pose problems for the surrounding environment.
Line 5 sustained no damage during the incident, which occurred as a result of an equipment failure while crews were doing maintenance work on the dual-span pipeline at the bottom of the Straits.
Since the company’s oil pipelines became a hot-button political topic in Michigan, Enbridge has steadily ramped up its physical and philanthropic presence in the Straits. Some see the generosity as infused with ulterior motives.
