The U.S. Army Corps of Engineers has approved a federal permit for Enbridge's proposed Line 5 tunnel project, saying the record shows the project is not contrary to the public interest, complies with federal guidelines, and does not "impermissibly impair Tribal treaty rights."
The decision to issue the permit follows in the wake of decisions to issue permits by the state of Michigan's Department of Natural Resources and the Department of Environment, Great Lakes and Energy.
"The approval of this key federal permit for the Great Lakes Tunnel Project is a significant step forward and reflects the U.S. Army Corps of Engineers’ more than six years of rigorous, comprehensive review," Enbridge said in a statement.
The company said it's committed to protecting the Great Lakes, while also ensuring reliable energy for the region, which includes parts of the Midwest, and Canada.
“The Army Corps’ decision is a thoroughly flawed product of a rushed process driven by the Trump Administration’s phony national energy emergency," said a statement from Oil and Water Don't Mix, an environmental group that opposes the pipeline, and the new tunnel. "The Corps also acknowledges that tunnel construction would cause major, permanent adverse effects to archaeological resources and the Straits of Mackinac Traditional Cultural Landscape, a place of profound cultural and spiritual significance to Anishinaabe peoples."
The Corps' permit is one more step necessary for the tunnel's final approval and breaking ground. But several court battles remain to be resolved.
Enbridge was handed an adverse ruling by the Michigan Supreme Court a few weeks ago, when it said the Michigan Public Service Commission had erred in issuing its approval for the tunnel, because it 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.
There is also a pending lawsuit filed by Michigan Attorney General Dana Nessel that seeks to shut down Enbridge's continued operation of Line 5, for allegedly violating the public trust doctrine, and the Michigan Environmental Protection Act.
Enbridge says the state's claims are pre-empted by the federal Pipeline Safety Act, and it is counter-suing the state for attempting to use its regulatory power to scuttle Line 5.
Canada has also become involved in the dispute, saying Michigan is violating a U.S.-Canadian treaty regarding the pipeline.
Editor's note: Enbridge is among Michigan Public's corporate sponsors.
