A controversial plan to update Line 5 just suffered a major loss at the Michigan Supreme Court
Opponents are hopeful that a recent ruling by the state's highest court to vacate a key permit could eventually shut down the pipeline altogether.
In a major setback for Enbridge Energy's Line 5 pipeline project, the Michigan Supreme Court recently overturned a key permit, citing insufficient environmental review. The 6-1 decision mandated the Michigan Public Service Commission to conduct a more comprehensive examination of the proposed tunnel project, which aims to replace a segment of the pipeline beneath the Great Lakes.
The court's ruling, authored by Justice Elizabeth Welch, emphasized that the commission had failed to consider the broader environmental impacts and the public's right to use natural resources, as protected by the state's public trust doctrine. The decision effectively stalls the project, which has faced numerous legal and procedural obstacles over the years.
Environmental groups and tribal nations have welcomed the ruling, arguing that it opens the door to discussions about shutting down the entire pipeline due to the increased risk of oil spills and greenhouse gas emissions. Enbridge Energy, however, expressed disappointment with the ruling, stating that it is reviewing the decision and considering legal options.
The court's decision highlights the importance of a more thorough evaluation of the pipeline's potential environmental harm and the public trust doctrine, potentially paving the way for alternative solutions to the aging infrastructure.
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