U.S. Justice Department Intervenes in Enbridge Pipeline Lawsuit

News Summary

The U.S. Justice Department has intervened in a federal lawsuit regarding Enbridge’s Line 5 pipeline in Michigan. The department supports Enbridge’s efforts to prevent Michigan Governor Gretchen Whitmer from revoking the easement for the aging infrastructure. This legal battle highlights the tension between state and federal jurisdiction over interstate pipelines, as safety concerns about the aging infrastructure continue to escalate, following a history of environmental incidents associated with Enbridge.

Lansing, Michigan — The U.S. Justice Department has officially intervened in a crucial federal lawsuit filed by Enbridge, a Canadian oil and gas company, regarding the aging Line 5 pipeline system in Michigan. This lawsuit aims to prevent Michigan Governor Gretchen Whitmer from revoking the 72-year-old easement that allows Enbridge to operate the underwater oil and gas pipelines running through the Straits of Mackinac.

The Justice Department’s Environment and Natural Resources Division, along with the Civil Division, submitted a formal “statement of interest” in U.S. District Court in Lansing. This document expresses support for Enbridge’s position, arguing that Michigan’s actions attempt to override federal jurisdiction concerning interstate pipeline regulation and foreign affairs. The Department of Justice underscored the existing extensive federal regulations governing pipeline safety.

President Trump has made it clear that his administration will not tolerate state-level interference in energy matters. This aligns with the Justice Department’s assertion that the federal government plays a vital role in the regulation and operation of such interstate pipeline systems.

Further supporting its case, Enbridge cited the 1977 Transit Pipelines Treaty, which they argue prohibits Michigan from independently shutting down the Line 5 pipeline. The pipeline was originally built in 1953 and has the capacity to transport 23 million gallons of oil and natural gas liquids daily, facilitating the movement of energy resources between Michigan and Ontario.

Concerns regarding the safety of the aging line have heightened over the years. Issues such as anchor strikes, missing supports, and damaged protective coatings have raised alarms about potential environmental hazards. Notably, a significant oil spill from an Enbridge pipeline in 2010 resulted in over 1.1 million gallons of oil contaminating the Kalamazoo River, exacerbating public fears about pipeline safety.

In November 2020, Governor Whitmer announced plans to revoke the easement for Line 5, citing what she called Enbridge’s “persistent and incurable violations” of essential safety and maintenance conditions. However, Enbridge maintains that Line 5 has consistently been safe, referring to regular inspections conducted by the Pipeline and Hazardous Materials Safety Administration (PHMSA) to substantiate their claims.

The Department of Justice’s recent filing points out that federal actions have previously addressed environmental concerns raised by Governor Whitmer, including incidents from 2018 and 2020 that involved damages to the pipelines. The Justice Department contends that Michigan’s attempt to impose new safety standards contradicts federal efforts, potentially leading to a confusing mosaic of regulations that could threaten the reliability of energy supplies across the United States.

Enbridge has proposed building a new 30-inch pipeline within a 3.6-mile tunnel beneath the Straits to replace the existing twin pipelines. This proposal follows the Michigan Supreme Court’s decision to review an appeal from Native American tribes and environmental groups. The tribes claim that the Michigan Public Service Commission’s (MPSC) approval of the tunnel project ignored vital environmental risk assessments as required by state law.

The president of the Bay Mills Indian Community voiced concerns that this situation presents a stark choice between environmental safety and profit-focused energy policies. Meanwhile, Enbridge argues that relocating Line 5 to this proposed tunnel is essential for improving the safety and reliability of energy access in the region.

In addition, this legal dispute comes amid the U.S. Army Corps of Engineers fast-tracking an environmental review of the tunnel project. This expedited process has faced criticism from tribal nations, which allege it favors Enbridge over local environmental concerns. Enbridge insists that the tunnel project is critical for energy market stability in the Midwest.

Currently, Michigan Attorney General Dana Nessel is engaged in litigation against Enbridge in response to Governor Whitmer’s order to close the Line 5 pipeline, indicating that the legal battle surrounding this controversial pipeline will likely continue to unfold in the coming months.

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