MICHIGAN — A federal judge has blocked Michigan Gov. Gretchen Whitmer’s attempt to shut down the Line five oil pipeline, ruling that only the federal government can regulate safety for interstate pipelines.
This decision pertains to a 4.5-mile segment of the pipeline operating beneath the Straits of Mackinac.
Gov. Whitmer ordered the revocation of an easement for the aging Line five pipeline, citing concerns over its 72-year-old infrastructure and the potential for catastrophic spills.
Line 5 transports crude oil between Superior, Wis., and Sarnia, Ontario, prompting significant environmental concerns among state officials and the public.
U.S. District Judge Robert Jonker stated in his ruling that revoking the easement would effectively shut down Line 5 and highlighted that the Pipeline Safety Act of 1992 specifically prohibits states from regulating interstate pipeline safety.
“An oil spill in Michigan’s Great Lakes would undoubtedly be an environmental catastrophe. And Michigan would undoubtedly be the recipient of almost all the environmental damage that would result,” Jonker wrote.
Enbridge Inc., which manages Line 5, has faced multiple legal challenges regarding the pipeline’s safety and environmental impact. In 2023, a federal judge ruled that a segment of Line 5 must be removed from the Bad River Band of Lake Superior Chippewa’s reservation due to safety concerns.
Enbridge has proposed a 41-mile route around the reservation, which has raised significant opposition from environmental groups and the tribe, fearing new risks of a spill.
Other ongoing lawsuits include those filed by Michigan Attorney General Dana Nessel in an effort to void the easement in the Straits of Mackinac and challenges from environmental groups to state permits allowing for a protective tunnel construction around the Line 5 segment.
These cases are currently pending before various courts, including the Michigan state Supreme Court and the U.S. Supreme Court.
As legal challenges continue, the future of Line 5 remains uncertain. Further developments in the various lawsuits are anticipated, particularly regarding the potential rerouting and aesthetic safety improvements associated with the pipeline.