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Court sides with Enbridge in Line 5 Pipeline battle
Federal Judge Robert Jonker sided with Enbridge, the Canadian oil giant, ruling that the state of Michigan doesn’t have the power to shut down the oil pipeline underwater in the Straits of Mackinac. The ruling overrides Governor Gretchen Whitmer’s 2020 order that Enbridge can’t use the 4-mile underwater stretch, which would effectively make the 645-mile pipeline inoperable.
MACKINAC, Mich. (FOX 2) - Michigan is not allowed to shut down the controversial Line 5 pipeline up in Mackinac, according to a federal judge who made the ruling on Wednesday.
Big picture view:
Federal Judge Robert Jonker sided with Enbridge, the Canadian oil giant, ruling that the state of Michigan doesn’t have the power to shut down the oil pipeline underwater in the Straits of Mackinac.
The ruling overrides Governor Gretchen Whitmer’s 2020 order that Enbridge can’t use the 4-mile underwater stretch, which would effectively make the 645-mile pipeline inoperable.
In Jonker’s 45-page ruling, he states that stopping the pipeline interferes with Canada and the U.S. quote, ‘foreign policy positions and trade relations.’
He goes on to say, "When it comes to Line 5, they are the responsibility of the United States, and Michigan lacks the power to interfere."
What they're saying:
Michigan Attorney General Dana Nessel's office released a statement in response to the ruling:
"In this matter our office represents Governor Whitmer and DNR Director Bowen. We are consulting with their offices for review of the opinion and determination of next steps, which could include efforts to appeal this ruling. From our own preliminary review, it appears this opinion is wrongly decided on the law and an affront to Michigan’s sovereign interests in managing the use and occupation of its submerged lands.
"The Attorney General’s lawsuit, Nessel v. Enbridge, remains pending before a state court."
The other side:
The state and environmental groups feel differently, saying they have health and safety concerns, often citing the Kalamazoo oil spill from 2010 when Enbridge Line 6B burst, contaminating the river.
Hannah Craik says she doesn’t want to see it happen again.
"I know there are a lot of people, I mean, I feel like everyone I talk to — they don’t want to see the Great Lakes have any issues,’ she said. ‘They want their water to be clean. They want to be able to do water sports, be on their boats, fish, bring their kids to the cabin and play on the beach. And instead we’re regressing, and we don’t have any say about it."
Enbridge provided FOX 2 with a statement, which reads in part, quote:
‘Enbridge welcomes today’s decision by the Federal District Court granting our motion for summary judgment. This ruling prevents Governor Whitmer and the Michigan Department of Natural Resources from taking further action to shut down Line 5. The Court’s decision safeguards both the United States and Canada from the significant energy disruptions that would have resulted from a closure.’