News Summary
The Michigan Supreme Court is set to hear a major challenge regarding Enbridge’s Line 5 tunnel project, focusing on state law and environmental protections. This case, led by several Tribal Nations, questions the Michigan Public Service Commission’s approval, emphasizing concerns over environmental impact assessments and adherence to legal mandates. The outcome could redefine regulations affecting tribal rights and environmental safeguards.
Lansing, Michigan – The Michigan Supreme Court will hear a significant challenge to the approval of Enbridge’s Line 5 tunnel project, with implications for both state law and environmental protections. The challenge is led by several Tribal Nations that argue the Michigan Public Service Commission (MPSC) did not adhere to state laws when it sanctioned the project to construct a tunnel under the Straits of Mackinac.
The case arises from the MPSC’s 2023 decision to approve a permit for a 3.6-mile tunnel that would house a rebuilt section of the existing Line 5 pipeline, which is crucial for transporting petroleum products from Wisconsin to Ontario through Michigan. Opponents of the project, including Native American tribes and environmental advocacy groups, contend that the MPSC failed to adequately consider the project’s potential environmental impacts before issuing its permit. The Michigan Court of Appeals upheld this approval in February 2025, which has now prompted the Supreme Court to review the matter.
The Michigan Supreme Court’s review will determine whether the lower court made an error in supporting the state permit for the tunnel construction. A focal point of this review is the question of whether appellate judges showed excessive deference to the MPSC during their decisions. It will also examine the public trust doctrine, a legal principle suggesting that the MPSC should have prioritized public resources and the environment in its deliberations.
The challenge is being mounted by various Indigenous tribes including the Little Traverse Bay Band of Odawa Indians, Bay Mills Indian Community, Grand Traverse Band of Ottawa and Chippewa Indians, and Nottawaseppi Huron Band of the Potawatomi. These groups, along with environmental organizations such as the Environmental Law and Policy Center and Michigan Climate Action Network, have raised concerns regarding the environmental review process followed by the MPSC and its implications for the Great Lakes ecosystem.
Legal representatives have indicated that the MPSC did not conduct a thorough review of evidence relating to past oil spills associated with the Line 5 pipeline. This point is critical given the history of environmental issues related to the pipeline’s operation. Enbridge, the company behind the project, defends the permitting process undertaken by the MPSC, asserting that rigorous examinations were carried out prior to the approval.
Further complicating the situation, the U.S. Army Corps of Engineers has expedited a federal environmental review of Enbridge’s project while sidestepping broader climate impacts, following an executive directive from former President Trump. Notably, six Michigan Indigenous tribes withdrew their involvement in the federal review process, citing perceived bias favoring Enbridge. The federal review discovered that tunnel construction could negatively affect tribal archaeological sites, adding another layer to the ongoing dispute surrounding the project.
In addition to the tribal legal challenge, Attorney General Dana Nessel is actively engaged in litigation seeking to enforce a 2020 order aimed at shutting down the Line 5 pipeline altogether, further indicating the contentious nature of this issue in Michigan. Meanwhile, a final federal permitting decision related to the tunnel project is anticipated in the fall, as progress continues in securing necessary approvals on the federal level.
The outcome of the Michigan Supreme Court’s review holds the potential to reshape regulatory practices surrounding environmental considerations and the rights of Tribal Nations in the face of significant infrastructure projects. As the court’s ruling unfolds, stakeholders are closely monitoring the implications for the future of Enbridge’s Line 5 and the ongoing preservation of Michigan’s natural resources.
Deeper Dive: News & Info About This Topic
- MLive
- Wikipedia: Environmental impact assessment
- Seeking Alpha
- Google Search: Enbridge Line 5 tunnel
- Bridge Michigan
- Encyclopedia Britannica: Great Lakes
- Detroit News
- Google News: Michigan Supreme Court Enbridge
- Upper Michigan’s Source
Author: STAFF HERE DETROITMI WRITER
DETROIT STAFF WRITER The DETROIT STAFF WRITER represents the experienced team at HEREDetroitMI.com, your go-to source for actionable local news and information in Detroit, Wayne County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Movement Electronic Music Festival, Detroit Grand Prix, and America's Thanksgiving Parade. Our coverage extends to key organizations like the Detroit Regional Chamber and Focus HOPE, plus leading businesses in automotive and healthcare that power the local economy such as General Motors, Ford Motor Company, and Henry Ford Health. As part of the broader HERE network, including HEREGrandRapids.com, HERENorthville.com, HERENovi.com, and HEREPlymouth.com, we provide comprehensive, credible insights into Michigan's dynamic landscape.