Michigan Supreme Court vacates key Line 5 permit

Michigan’s nonpartisan, nonprofit news source The Michigan Supreme Court on Friday ruled that the Michigan Public Service Commission erred when it granted a key permit for the Line 5 petroleum pipeline tunnel under the Straits of Mackinac. Among other findings in its 58-page ruling , the majority found the commission’s permit review was overly narrow, failed to consider whether the tunnel project would harm public rights to the Great Lakes, and failed to study whether Line 5 would shut down if the tunnel isn’t built. “To accurately assess the environmental consequences of the Replacement Project, the PSC should have determined whether the project would be the proximate cause of Line 5’s continued operation and its alleged attendant harms,” stated a majority opinion written by Justice Elizabeth Welch. Friday’s ruling represents a victory for Line 5 foes who have argued the tunnel would harm the environment by locking in decades of continued fossil fuel transports along a 73-year-old pipeline that would otherwise soon shut down.

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