The Michigan Supreme Court issued a 6-1 decision last week invalidating a permit for a proposed tunnel project designed to replace a segment of the Line 5 pipeline beneath the Straits of Mackinac. The court found that the state’s Public Service Commission had not adequately reviewed the full scope of potential environmental harm or considered impacts on the public’s right to use Michigan’s natural resources under the state’s public trust doctrine.
Enbridge Energy had received the permit in 2023 for the tunnel proposal, which would encase the pipeline in a structure buried in the lakebed. Environmental organizations and four tribal nations challenged the permit decision, bringing the case before the state’s highest court. Justice Elizabeth Welch wrote in the majority opinion that while the commission had not faced clear guidance on these issues before, it was still an error to limit its review to just the tunnel itself rather than examining how the broader pipeline system would be affected.
The court’s decision requires the Public Service Commission to conduct a more comprehensive review, specifically determining whether the tunnel project would extend the 73-year-old pipeline’s operational life. If the project does extend the pipeline’s lifespan, regulators must assess what environmental and public trust impacts would result. The court emphasized that meaningful analysis of alternatives cannot occur without understanding the full scope of potential harms.
Enbridge stated its disagreement with the ruling and indicated it is reviewing legal options. The company reiterated its commitment to safe operation and enhanced safety measures in the straits. The decision represents a significant expansion of how state regulators must consider environmental protection, establishing that the Public Service Commission has authority and responsibility to apply the public trust doctrine in its reviews.
The ruling has broader implications for Line 5’s future, as the pipeline faces separate legal challenges from environmental groups and state officials seeking its shutdown. Tribal representatives highlighted that the court’s approach aligns with Indigenous principles of considering long-term generational impacts, noting that treaty rights to fishing, hunting, and gathering depend on healthy waterways and ecosystems.
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