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State officials in Michigan have advanced Enbridge's disputed Line 5 tunnel proposal, finding that replacing the old pipeline segment in the Straits of Mackinac is needed to lower the risk of an oil spill in the Great Lakes.
What happened?
A lake bottomlands construction permit was granted July 15 by the Michigan Department of Environment, Great Lakes, and Energy (EGLE). The state Department of Natural Resources also approved the project, despite determining that construction would "adversely impact" rare plants and animals, Grist reported.
With those approvals, Enbridge is closer to swapping the twin pipeline segments in the environmentally sensitive straits for a line routed beneath the lakebed between Lakes Michigan and Huron. For more than 73 years, Line 5 has transported crude oil and natural gas liquids along a 645-mile route stretching from Superior, Wisconsin, to Sarnia, Ontario.
Enbridge spokesperson Ryan Duffy described the permits as "an important step forward" that will "ensure the uninterrupted flow of energy that supports Michigan and the region."
Critics said the state should not permit environmental damage for a project they argue is unnecessary. David Holtz, coalition coordinator for Oil & Water Don't Mix, said, "There should be no destruction, no wetlands destruction, there should be no forest destruction for a project that is not needed."
Why does it matter?
The Straits of Mackinac connect two Great Lakes, meaning any major spill in the area could threaten drinking water, fisheries, shorelines, and tourism across a broad region. That risk is the central argument Enbridge and regulators are using to support the tunnel replacement.
At the same time, the permits acknowledge significant tradeoffs. EGLE said Enbridge must minimize damage to nearby wetlands, while the DNR said the company will need to "lessen impacts" through steps that include saving seeds for restoration and limiting tree clearing to winter to better protect bats.
The project also raises serious concerns for Indigenous nations. EGLE's permit states that historic and cultural resources are likely to be destroyed or removed, including the remains of tribal ancestors.
Whitney Gravelle, president of the Bay Mills Indian Community, called any effort to offset that damage a "false penitence."
What's being done?
Enbridge still needs additional approvals before construction can begin, Grist reported. The July 15 decision included a Clean Water Act certification that allows the U.S. Army Corps of Engineers to continue its own permitting process, while a separate state wastewater permit for discharging treated water during construction has expired.
Opposition groups and tribal nations say the legal fight is far from over. The Bay Mills Indian Community is exploring challenges to this week's approvals, including a contested case hearing. Environmental groups and tribal nations are also awaiting a Michigan Supreme Court decision involving a previously issued permit tied to the tunnel.
Separate from the tunnel battle, Michigan Gov. Gretchen Whitmer's administration is still pursuing litigation over whether Line 5, which is aging, can continue operating in the straits.
Gravelle called the permit approvals a setback but added, "We have been trying to protect these things since time immemorial, and we cannot abandon that sacred duty to do so because our children and future generations depend on that."
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