Michigan Supreme Court tosses state regulator’s approval of Line 5 tunnel project
The Michigan Public Service Commission must revisit its order approving the Enbridge Energy Line 5 tunnel project because it did not properly examine environmental harms that might arise from extending the pipeline’s lifespan, the Michigan Supreme Court ruled Friday. The controversial pipeline runs from Superior, Wisconsin to Sarnia, Ontario, with a 4.5-mile segment of dual pipelines running through the Straits of Mackinac, where Lake Michigan and Lake Huron meet. The decision written by Justice Elizabeth Welch was nearly unanimous — Justice Brian Zahra, the lone Republican-nominated justice, issued a dissent. Welch was joined by Chief Justice Megan Cavanagh and Justices Richard Bernstein, Kyra Harris Bolden, Kimberly Thomas and Noah Hood, all nominated or appointed by the Democratic Party. The Bay Mills Indian Community, Grand Traverse Band of Ottawa and Chippewa Indians, Little Traverse Bay Bands of Odawa Indians, and Nottawaseppi Huron Band of the Potawatomi and several environmental advocacy groups challenged the decision.
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Bay Mills Indian Community President Whitney Gravelle said the ruling was “a reminder that when people stand together with courage and conviction, change is possible.” GET THE MORNING HEADLINES. “For years, Tribal Nations, communities, and thousands of people across the country have raised their voices to protect the Great Lakes,” Gravelle said in a statement. “This decision gives us another opportunity to honor our treaty rights, protect our waters, and consider the generations who will inherit this place.” Gravelle said the Straits of Mackinac were not simply a route for an oil pipeline “to be abused.