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A Michigan Court of Appeals panel has ruled that Canadian Oil Company Enbridge’s plan to construct and operate a new tunnel encased oil pipeline under the Straits of Mackinac, is constitutional.
Last year, Attorney General Dana Nessel issued a legal opinion that it was not.
Enbridge originally took the state to court last June, after failed negotiations with Governor Whitmer.
Enbridge insisted on using the current pipelines, from 1953, until the new one is completed in 2024, while Whitmer wanted a timeline for shutting down the old pipeline.
The deal with Enbridge originated with former Governor Rick Snyder, and is known as Public Act 359 of 2018.
The latest decision affirms the previous ruling from a lower court last Fall that upheld Enbridge’s right to move ahead with the new tunnel and pipeline.
The case will be appealed to the Michigan Supreme Court.
A spokesman for Attorney General Nessel said they were disappointed in the Court of Appeals decision, but maintain that Public Act 359 is unconstitutional, and that they intend to ask the Michigan Supreme Court to review the matter.
Ryan Duffy, spokesman for Enbridge issued a statement saying the latest ruling “Once again confirms that Act 359 is constitutional and that Enbridge’s agreements with the state are valid and enforceable.”
Duffy went on to add the $500 million tunnel project, expected to be finished in 2024, will make Line 5 safer.
Campaign Coordinator for the anti-Line 5 Oil & Water Don’t Mic Coalition, Sean McBrearty said the ruling highlights the fact the people of Michigan must continue to be on the frontlines of protecting the Great Lakes from the Canadian corporations dangerous Line 5 oil pipelines.
