Pipeline faces new hurdles as Whitmer calls for shutdown

On Wednesday, she released a statement on social media calling it a “ticking time bomb.”

“I am calling on Enbridge to pursue an alternative to both the existing dual pipelines and the tunnel, and to begin that work now. Develop a planned, orderly transition that protects Michigan families and businesses and gets oil out of the Straits far sooner,” Whitmer said in a letter to Enbridge’s CEO, also released yesterday. “For eight years, Enbridge has told Michigan to wait. Wait for the courts. Wait for the permits. Wait for the tunnel. Michigan has waited long enough.”

The governor, who will leave office in January, added that she will “keep fighting until the day I leave office.”

The oil transmission line is owned by Canadian company Enbridge and runs 645 miles from Superior, Wis., through the Straits of Mackinac in Michigan to Sarnia, Ontario. The 73-year-old pipeline currently transports more than 500,000 barrels of oil and natural gas liquids daily.

The proposed Great Lakes Tunnel Project would move a section of the pipeline into a tunnel beneath the Straits of Mackinac, the 4-mile-wide waterway connecting Lake Michigan and Lake Huron and separating Michigan’s Upper and Lower peninsulas. The pipeline currently rests on the bottom of the Straits.

On Thursday, four tribal nations which have been fighting the project announced that they are challenging a pair of wetlands and bottomlands permits that Michigan’s Department of Environment, Great Lakes, and Energy approved for Enbridge in July.

This they did in response to a recent Michigan Supreme Court decision which overturned a separate key permit for the project.

“We look forward to judicial review of this legally deficient permit, especially in light of the Michigan Supreme Court’s recent decision clarifying the Michigan Environmental Protection Act and its application to these types of projects,” said Native American Rights Fund Managing Attorney David Gover.

This comes as Whitmer and EGLE said the state would be reviewing those permits in light of the court’s recent decision.

“With the Michigan Supreme Court invalidating the MPSC’s permit because its analysis was too narrow, we understand that EGLE’s permit may need further review through the legal process,” said EGLE Director Roos. “Until all those legal questions are resolved, conditions in EGLE’s permit prevent construction of the tunnel entrance from moving forward.

Whitmer has not only called for the tunnel project to be halted but also wants the pipeline permanently shut down.

“I’ve been clear from day one that we must get the existing dual Line 5 pipelines out of the Straits of Mackinac as quickly and safely as possible,” Whitmer said. “These 73-year-old underwater pipelines are a ticking time bomb, and I am taking every action I can to shut them down and protect the Great Lakes and the jobs and communities that depend on them.”

This is just the latest hurdle for the project, which advocates say will make the pipeline safer and Michigan’s economy stronger. A coalition of Michiganders pushed back against Whitmer’s statements.

“Governor Whitmer’s actions to further delay the Great Lakes Tunnel Project are puzzling, and a slap in the face of every skilled tradesperson who has supported her.,” said Brent Pilarski, Business Manager of the Michigan Laborers District Council. “Politicians often speak on affordability, sustainability, and protecting the middle class. The Great Lakes tunnel accomplishes that and more; it will create good paying union jobs, provide energy security for Michigan, and gets the pipeline off the lakebed where it currently resides.”

According to advocates, Line 5 delivers about 23 million gallons of fuel per day to Michigan and surrounding states. It has been closed since Aug. 25 though following an accident on the Wisconsin side of the pipeline.

Enbridge said on Wednesday that crews are “working around the clock” to reopen the pipeline with restoration of service expected by Saturday.

Jim Holcomb, president & CEO of the Michigan Chamber of Commerce, said Line 5 and the proposed tunnel continue to be critical for Michigan.

“Safe, reliable and affordable energy is foundational to Michigan’s employers, families, communities, and economy,” Holcomb said. “The Great Lakes Tunnel is a major infrastructure investment that both enhances protection of the Great Lakes and strengthens the resilience of our energy infrastructure. It is critical that this project move forward.”

The project is currently being expedited under President Donald Trump’s day-one executive order declaring a national energy emergency.

Under that order, Trump said that to solve high prices and remedy the “numerous problems” with America's energy infrastructure, the delivery of energy infrastructure must be “expedited” and the nation's energy supply facilitated “to the fullest extent possible.”

In light of that order, the U.S. Army Corps of Engineers approved a key permit for the project in August.

“The approval of the Enbridge Line 5 Tunnel Project is a testament to President Trump's vision to ensure our nation’s energy dominance,” said Assistant Secretary of the Army for Civil Works Adam Telle. “Because the U.S. Army is committed to efficiently fulfilling its Congressionally-mandated permitting responsibilities that in turn accelerate the delivery of critical infrastructure with the 'Building Infrastructure, Not Paperwork' initiative, the Line 5 Tunnel project will provide the American people with the safe, reliable access to energy its people deserve.”

That approval came just two weeks after the state Supreme Court’s decision and was the last federal hurdle for the Great Lakes Tunnel Project.

“The approval of the Enbridge Line 5 tunnel permit application is the culmination of a robust and thorough evaluation process,” said Detroit District Commander Lt. Col. Donald K. Lew. “I am confident that we have granted authorization for a thoroughly vetted proposal that will meet the purpose and need for the project while maximizing protection of natural resources.”