Update, 08/25, 9:00 p.m. — This story has been updated to differentiate between litigation over Line 5’s operation and Enbridge’s plans for their tunnel project. It has also been updated with a statement from Enbridge.
LANSING — Enbridge says that it will plan on moving forward with their proposed Line 5 tunnel project, amid ongoing challenges to the pipeline’s operation.
Enbridge Spokesperson Ryan Duffy said in a statement that the company plans to carry out the project “no matter” the status of lawsuits involving Line 5’s operation.
The state and federal environmental reviews of the Line 5 tunnel proposal will most likely finish in the coming months, but the lawsuits could drag on for months or years.
Several cases are being considered by state and federal courts, including the US Supreme Court.
Michigan Attorney General Dana Nessel brought a case against Enbridge seeking to shut down the pipeline in 2019, which sparked questions about state versus international jurisdiction.
“The Supreme Court is only looking at a very narrow issue about whether the case was appropriately removed from state court to federal court,” said Debbie Chizewer, managing attorney for Earthjustice’s Midwest office.
State court would likely be a more favorable venue for Nessel, while Enbridge argues that the pipeline’s international footprint should land the case in federal court.
While the Supreme court considers that question, Nessel’s state case will remain ongoing in Ingham County’s 30th circuit.
The judge in that case said this week that he would not pause proceedings while the Supreme court considered the venue question.
“It’s possible that he will, the court will, issue a decision at some point in the near future,” Chizewer said.
Enbridge has also brought a challenge against Gov. Whitmer in the federal 6th Circuit Court of Appeals
Whitmer revoked the company’s right to operate the pipeline in 2020, citing concerns about its safety. Its operations continued while Enbridge brought a lawsuit in the Western District of Michigan federal court.
The state Public Service Commission is also facing a challenge from the Bay Mills Indian Community that could undo their 2023 approval of the project.
Stay tuned with 9&10 News for updates as those cases proceed.