By Janet E Silver. State regulators with the Michigan Department of Environment, Great Lakes and Energy approved two key permit applications in January. “Part of the easement agreement is that if there’s something that’s found that the state believes is an issue or a safety issue, they would let us know about it, and then we have a certain amount of time to fix it,” Duffy said. But Line 5 boosters have criticized the plan as inadequate, and questioned whether it’s deployable in time for the October heating season. Whitmer's…, Almost half of the respondents to the Wisconsin Conservation Congress’ spring hearings questionnaire say they would support the organization if…. As the deadline looms, parties on all sides of the debate are bracing for drama in the Straits as activists protest Enbridge’s defiance, while acknowledging that at least for now, it appears likely that Line 5’s fate will be decided over months or even years, in distant courtrooms or administrative proceedings. In the meantime, Enbridge continues to move forward with a plan to build a more than $500 million tunnel beneath the Straits of Mackinac to house a new segment of Line 5. Two other key permit processes are still in their early stages: The Michigan Public Service Commission’s current timeline to decide whether Enbridge can move Line 5 inside the proposed tunnel extends into next year. “We cannot risk the devastating economic, environmental, and public health impacts of a catastrophic oil spill in the Great Lakes,” the statement reads. Or, Gravelle said, the state could start issuing fines. Enbridge Energy technically has one more day to shut down the Line 5 pipeline in the Straits of Mackinac, but even the pipeline’s most vocal opponents acknowledge slim odds that the oil actually stops flowing right away. Gretchen Whitmer says if Enbridge doesn’t shutdown the Line 5 pipeline tomorrow, the State of Michigan will consider them trespassing. In response, Enbridge filed in federal court arguing the decision to close the pipeline wasn't up to the state at all. And, Enbridge contends, pipeline regulation is a task for the federal Pipeline and Hazardous Materials Safety Administration, not the state of Michigan. The Imperial Oil refinery, located near Enbridge's Line 5 pipeline, which Michigan Governor Gretchen Whitmer ordered shut down in May 2021, in Sarnia, Ontario, March 20, 2021. “It would put this place at risk,” said Scott Hayes, the Toledo Refining Company’s health, safety, environmental and government affairs manager, and threaten about 550 direct employees and 600 contractors who work at the site. Attorney General Dana Nessel backed Whitmer’s November revocation order with a lawsuit aiming to reinforce the order in Ingham County Circuit Court. “If the governor can demonstrate that she’s applying scientific standards, that she would close it if there were an identical pipeline that were owned by a Michigan company…(the treaty) gives her a lot of flexibility,” Ratner said. Facing a potential supply cut, anxiety has been rising in southern Ontario. Gretchen Whitmer last fall after accusing the company of violating terms of a 1953 deal that allowed the line to traverse the bottom of the Straits of Mackinac, which connects Lake Michigan and Lake Huron. Both the state and the company are litigating where the issue should be decided - be it state or federal court. Michigan orders closure of pipeline in escalating dispute with Canada . However, the language of the treaty may favor Michigan, said Steven Ratner, Bruno Simma Collegiate Professor of Law at the University of Michigan. In its reply letter, the company said the risk being assessed was "only theoretical types of ‘incorrect operations’", "The Notice's assertion that Enbridge is not operating the Dual Lines with due care is unsubstantiated and is no basis for termination. Michigan’s governor has given the company that runs the pipeline until May 12 to shut it. Your email address will not be published. But as for what Michigan can or will do if Enbridge keeps the oil flowing beyond midnight on Wednesday? But if the company defies that order, it’s unlikely the state will take immediate action to force it. In contrast, Republican presidents nominated all five judges in the U.S. District Court for the Western District of Michigan, where Enbridge filed it’s federal suit. “There has to be a consequence for ignoring the law,” Holtz said. Enbridge Inc. is working on a long-term solution to invest $500 million U.S. in a tunnel to house Line 5 deep under the Straits of Mackinac. Required fields are marked *. (Photo by Lester Graham/Michigan Radio). But it’s unclear how long the two sides must wait before they’ll argue their points before a judge. Currently, both sides are locked in mediation, meaning there is no timetable for when a decision could arrive. Filed on March 16, the state’s 30-page motion to remand … As mentioned earlier, Line 5 supplies 540,000 of the three million barrels of liquids Enbridge transports daily. As for that Canadian treaty? The infrastructure has come under scrutiny from environmental advocates and the Whitmer administration over concerns about oil spills in the Great Lakes. On eve of Line 5 shutdown deadline, Enbridge vows to defy Michigan order. Enbridge is fighting Whitmer’s move last November to revoke an easement that permitted the pipeline to cross the lake bed, a decision that could force the system to shutdown by May. Picture taken March 20, 2021. Great Lakes Now at Detroit Public Television; Nearly 50% of spring hearing respondents oppose new Line 5, Lake Levels: Expect higher than average lake levels but no new record, Charles Stewart Mott Foundation Partnership, Great Lakes Water Diversions Could Be More Numerous. If Line 5 is shut down the lack of supply and Ontario’s returning demand for refined products could have a drastic effect on gasoline prices in the region. Indigenous rights and climate action groups are set to hold an "Evict Enbridge" celebration on Wednesday and Thursday to mark Michigan Gov. State lawyers say Enbridge has until midnight on Wednesday to cease operating Line 5 in the Straits of Mackinac. What might that be? Ask the Great Lakes Now Team Your PFAS Question, Beneath the Surface: The Line 5 Pipeline in the Great Lakes. They’ve made media appearances, lobbied President Joe Biden and his staff, and appeared before Michigan legislative committees chaired by Line 5-friendly lawmakers. And the U.S. Army Corps of Engineers is still early in a review that is likely to drag on beyond this year. Line 5 is the oil pipeline that runs under the Straights of Mackinac. Shutting down the pipeline now, the company and its supporters argue, would create a regional energy crisis and harm U.S. and Canadian businesses that refine petroleum from the pipeline into jet fuel, plastics, fertilizer and other products. ©2021 FOX Television Stations, Emergency program to give people $50 off internet bill, Investigation: University of Michigan failed to address reports about doctor who assaulted hundreds, Woman abducted from Warren Subway found safe, suspect is still on the run, Someone stole a Taco Bell employee's bike in Ferndale. But "the safety of Enbridge's operations exceeds the industry average" argued the company's executive vice president in a reply to Whitmer's letter on Jan. 12. With just 36 days left until Gov. Hayes would not say how much of the facility’s petroleum comes from Line 5. Predicting that Enbridge will follow through on its promises to defy Whitmer, environmentalists are planning their response. Is the Line 5 tunnel a bridge to Michigan’s energy future or a bad deal? Enbridge Energy technically has one more day to shut down the Line 5 pipeline in the Straits of Mackinac, but even the pipeline’s most vocal opponents acknowledge slim odds that the oil actually stops flowing right away. So what happens if Wednesday arrives and the status quo remains? That anxiety has been steadily building ahead of a deadline this month imposed by Michigan Governor Gretchen Whitmer for Enbridge Inc. to shut down its Line 5 pipeline, which crosses through Michigan, where it delivers more than half of the state’s propane needs, en route to deliver oil to Ontario, Ohio and Pennsylvania. In the six months since Gov. Line 5, built in 1953, is part of Enbridge’s mainland system, which carries fuel from Alberta’s oil sands to the midwestern United States and eastern Canada. In briefs submitted to the court, lawyers for the state of Ohio, whose governor’s office and legislature are under Republican control, argued a shutdown would have “far-reaching consequences,” leaving Michigan, Ohio, Pennsylvania, Ontario, and Quebec short by a combined 14.7 million gallons of gas, diesel, and jet fuel per day. Attorney General Dana Nessel has sided with Whitmer and has pursued the governor's revocation with a lawsuit filed in Ingham County Circuit Court. That’s about 18% of the total. Enbridge has argued the solution to the region's pipeline woes is a giant tunnel that encases the pipeline and protects it from potential hazards like commercial fishing anchors. In addition to that spiritual significance, the Straits are treaty-protected fishing waters for several Michigan tribes. In the six months since Governor Gretchen Whitmer gave Enbridge 180 days to stop transporting petroleum across the tempestuous waterway that links Lakes Michigan and Huron, … News; Careers; Line 5 Newsroom. Conservative MP Blake Richards requested the debate after Michigan Gov. The 68-year-old conduit has never leaked and Enbridge has said it will ignore the order because the state … Enbridge, likewise, won’t say exactly where Line 5’s product goes and in what quantities, although the company acknowledges most of Line 5’s product is offloaded in Canada. (Photo courtesy of Whitney Gravelle), Watch the documentary from Great Lakes Now on the Line 5 Pipeline in the Great Lakes, The Canadian petroleum company technically has until Wednesday night to stop piping oil through the Straits of Mackinac, according to…, A Line 5 oil spill in the Straits of Mackinac presents relatively low risk of devastating environmental impact in Alpena…, Enbridge, with the support of Canadian officials who say Line 5 is essential to their economy, is resisting Gov. This independent journalism is supported by the Charles Stewart Mott Foundation. Michigan Attorney General Dana Nessel, who is locked in legal battle with Enbridge over the shutdown order, said her office expects to pursue “punitive measures” if Enbridge defies the order. Enbridge says it has completed the engineering and design phase of a 4-mile tunnel beneath the Straits of Mackinac that will house a new segment of the controversial Line 5 oil pipeline. Lawyers are engaged in court-ordered mediation while they debate whether the dispute should be settled in state or federal court. This material may not be published, broadcast, rewritten, or redistributed. In the original press release announcing the revocation of the 1953 easement, Whitmer attributed the decision to Enbridge's "violation of the public trust doctrine, given the unreasonable risk and continued operation of the dual pipelines poses to the Great Lakes.". Enbridge officials said they’re not bracing for any kind of response from the state. But the Bay Mills Indian Community has since challenged that decision, arguing EGLE failed to conduct necessary archaeological and cultural investigations in the Straits. Line 5, built in 1953, is part of Alberta-based Enbridge’s “Lakehead” network of pipelines around the Great Lakes. Whitmer has regularly noted that while she wants the current pipeline out of the water, Enbridge is free to continue pursuing plans to construct a tunnel to encase the pipeline below the bottom of the straits. Achieving that milestone only to watch Enbridge keep the oil flowing, Holtz said, would be a disappointment. Gretchen Whitmer's deadline for Canadian oil and gas company Enbridge to shut down its Line 5 pipeline.. FILE - This July 19, 2002, file photo, shows the Mackinac Bridge that spans the Straits of Mackinac from Mackinaw City, Mich. Michigan Gov. The company contends this would better protect the pipeline from potential dangers, such as the boat anchors that have sometimes struck the pipeline. The Michigan Public Service Commission delivered a split decision Wednesday in a high-stakes battle over the Line 5 oil pipeline. Enbridge then sued in federal court, claiming Michgian had no authority to order a shutdown. So local police gave him a new one, Ferndale police officer replaces man's stolen bike so he can get to work, Bond increased for teen charged in theft of Jeep, high-speed chase, killing woman in Sterling Heights, Serial robberies, mutilating a body, and prostitution; Warren police detail citywide drug probe, Men steal flat-screen TVs, 9 pairs of shoes during Detroit home invasion, Suspect arrested for hit-and-run death of man on Woodward Ave in Birmingham in August, Why people are finding dryer sheets in their mailboxes. On Thursday, the 181st day since Whitmer’s Nov. 13 shutdown order, the groups say they’ll deliver “eviction notices” to the company’s offices in Mackinaw City and Lansing. A spokesperson for Enbridge said the company will not stop operating unless ordered to by a court or regulator. In an interview with Bridge this week, Nessel said if Canadian officials are worried about the Straits section of Line 5 shutting down, “there’s a really easy fix for that.”. Save my name, email, and website in this browser for the next time I comment. The threat of rupturing beneath the Great Lakes has been on the radar of the Governor and Attorney General Dana Nessel. ", RELATED: In win for Enbridge, energy company approved for underground tunnel to house replacement pipeline. In Sarnia, Ont., thousands of jobs are directly and indirectly connected to Enbridge's Line 5, according to those fighting any sort of shutdown of the pipeline. Enbridge’s Line 5 is facing a looming May 12 shutdown ordered by Michigan Gov. But first, the state and Enbridge must settle a dispute about whether the case will be heard in state or federal court. Michigan’s governor says, the closure of the almost-70-year-old pipeline would eliminate the risk of a major leak. April 26, 2021 EnergyNow Media A signpost marks the presence of Enbridge’s Line 5 pipeline, which Michigan Governor Gretchen Whitmer ordered shut down in May 2021, in Sarnia, Ontario, Canada March 20, 2021. A legal battle has erupted over the Enbridge Line 5 pipeline and it has spilled into the halls of Canada’s Parliament. All the jet fuel produced at Pearson International Airport is made with crude supplied by the pipeline. If the case continues in state court, onlookers expect it to reach a state supreme court that became majority-liberal this year when Democratic nominee Elizabeth Welch, a former president of the Michigan League of Conservation Voters, took the bench. Oil pipeline disputes raise tensions between U.S. and Canada, Michigan agency to include climate in tunnel permit review, Canada Speaks: In Enbridge Line 5 debate, Canadian representatives point to the impact on their economy, Featured image: Demonstrators gather in Mackinaw City for a protest against the Line 5 pipeline, which crosses the Straits of Mackinac between St. Ignace and Mackinaw City. But “we are going to continue holding Enbridge accountable,” he said. One legal expert told Bridge and Michigan Radio that it likely supersedes state law. “Line 5 is operating safely, reliably and is in compliance with the law. General view of the Imperial Oil refinery, located near Enbridge's Line 5 pipeline, which Michigan Governor Gretchen Whitmer ordered shut down in May 2021, in Sarnia, Ontario, Canada March 20, 2021. The governor outlined her issues with the company's pipeline, ranging from pipeline curvature, the protective coating, and lack of supports on the pipeline. Whitney Gravelle, an attorney and chairperson of the Bay Mills Indian Community, has a few ideas: She wants Michigan to seek an emergency order to shutter the pipeline until a judge issues a final ruling, like the one Nessell obtained last year after Enbridge discovered “significant damage” to one of the Line 5’s underwater spans. Gravelle said all twelve federally-recognized Native American tribes in Michigan oppose the pipeline, which crosses waters that feature prominently in Anishinaabe creation stories. Published on May 5, 2021 5:36pm (Mack Male via Flickr) Email Facebook Twitter LinkedIn. It's not clear. “To compare it to other spiritualities, the Straits of Mackinac is our Garden of Eden,” Gravelle said. Gretchen Whitmer gave Enbridge 180 days to stop transporting petroleum across the … Line 5 was also in the news after damage to the pipeline was discovered in the Straits of Mackinac, which connects Lake Huron and Lake Michigan. But company officials also insist that the current pipeline is safe: constructed of material thicker than most pipelines and watched closely for any sign of malfunction. Six months ago, Gov. The Great Lakes News Collaborative includes Bridge Michigan; Circle of Blue; Great Lakes Now at Detroit Public Television; and Michigan Radio, Michigan’s NPR News Leader; who work together to bring audiences news and information about the impact of climate change, pollution, and aging infrastructure on the Great Lakes and drinking water. Meanwhile, Enbridge is pushing ahead with the tunnel project approved by Whitmer’s predecessor. “We shouldn’t be in a position where Canada stands to gain nearly all the benefit and the state of Michigan bears all the risks” of a potential spill. Spokespeople for the governor declined to answer questions about their plans, but supplied a written statement noting that Whitmer “stands behind her decision” to cancel the easement that first gave Enbridge’s predecessor permission to build a pipeline along the sandy bottom of the straits 68 years ago. But Enbridge has given no indication it plans to obey the rule change and will continue allowing oil to flow after the 180-day deadline set by the governor. The 68-year-old Line 5 pipeline is part of Enbridge's Lakehead System that carries sweet light crude oil and natural gas liquids from western Canada. Enbridge's Line 5 is facing a looming May 12 shutdown ordered by Michigan Gov. Community engages via new Line 5 resource April 28, 2021: The Enbridge Line 5 Virtual Open House offers guests a variety of videos, animations, interactive opportunities and updates on Line 5 and the Great Lakes Tunnel Project. The company has secured permits from the Department of Environment, Great Lakes, and Energy, however, they have been challenged in court. US news. Gretchen Whitmer said she’s given the line until … Enbridge officials admit that the idea of constructing a pipeline in the open waters of the Straits would not fly today. But the development of a four-mile utility tunnel that could house the pipeline could cost more than double the original estimate, previous reports suggest. Line 5 Newsroom. LANSING, Mich. - Wednesday will be the last day that Enbridge has to cease operations of its dual pipelines that transport oil under the Straits of Mackinac, according to the state of Michigan. That was back in 2018 when a company report filed with the state said it would take six years to complete. It’s a purely symbolic gesture, said David Holtz, spokesperson for the anti-Line 5 coalition Oil & Water Don’t Mix. As Line 5 debate continues, residents weigh risks to shorelines, economies. Company officials acknowledge that both price and timelines are in flux, while pointing to the more than $100 million they’ve spent so far as evidence that they’re still all-in. Line 5 transports 540,000 barrels per day of oil and natural gas liquids into the Sarnia area (about half of the pipeline capacity to Ontario). MPs have scheduled an emergency debate on the future of the Enbridge Line 5 pipeline for Thursday. Whitmer has targeted the Canadian-owned company after multiple instances of anchors from vessels on the Great Lakes making contact with the two pipelines, damaging the exterior - however, no oil has leaked and the company argues they continue to operate safely. Additionally, she say… Pipeline opponents cite that opaqueness as reason to doubt Line 5 backers’ predictions of doom. That’s because the treaty notes that pipelines are subject to “regulation by the appropriate governmental authorities.”. The Line 5 tunnel Enbridge has argued the solution to the region's pipeline woes is a giant tunnel that encases the pipeline and protects it from potential hazards like commercial fishing anchors. Gretchen Whitmer gave Enbridge 180 days to stop transporting petroleum across the tempestuous waterway that links Lakes Michigan and Huron, and the four months since Enbridge vowed to defy her, state officials have been adamant that the order still stands. By Kelly House, Bridge Michigan, and Lester Graham, Michigan Radio. Petroleum industry groups and some labor unions have stressed the potential for job losses if the pipeline shutters. Public officials from neighboring states and Canada have launched a political pressure campaign seeking to change Whitmer’s mind. CARLOS OSORIO/Reuters Whitmer’s office has backed up her shutdown order with a plan for how to heat Michigan homes without depending on Line 5 to deliver propane. Gretchen Whitmer revoked an easement that gave permission to the energy company to run Line 5. News MPs to hold emergency debate on Enbridge pipeline. Canada have launched a political pressure campaign seeking to change Whitmer ’ s November revocation order a... 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