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UP Lawmakers are denouncing a move by Governor Gretchen Whitmer to immediately halt work on the Enbridge Line 5 Tunnel.
The governor’s executive order came immediately after receiving the formal opinion from Attorney General Dana Nessel that the law granting approval powers for the tunnel was unconstitutional.
Nessel said the law violated Article 4, Section 24 of the Michigan Constitution, referred to as the Title-Object Clause. Specifically, the clause provides that “no law shall embrace more than one object, which shall be expressed in its title. No bill shall be altered or amended on its passage through either house so as to change its original purpose as determined by its total content and not alone by its title.”
The Attorney General concluded in that: “any court determination that Act 359 is unconstitutional would likely apply that decision retroactively, and conclude that the Mackinac Straits Corridor Authority, its Board, and any action taken by the Board are void from their inception.”
“I agree with the conclusion reached by Attorney General Nessel,” Whitmer said. “The Great Lakes are our most precious resource in Michigan, and because of their significance, I’ve instructed state departments and agencies to halt any actions in furtherance of this law.”
The agreement between the state and Enbridge to construct the tunnel and establish the Mackinac Straits Corridor Authority was brokered by former Governor Rick Snyder.
Both Whitmer and Nessel campaigned on shutting down the 65-year-old oil and natural gas pipelines running under the Straits and opposed the construction of the tunnel.
State Representative Greg Markkanen called the decision disappointing but unfortunately not entirely surprising, accusing the attorney general of pandering to her radical political base.
“It’s a reckless and blatantly partisan ruling that will needlessly expose the people of the Upper Peninsula to heat shutoffs with potentially disastrous results. At least the attorney general waited until the weather got a bit warmer before jeopardizing heat supplies to tens of thousands of families north of the bridge,” said Markkanen.
State Representative Beau LaFave of Iron Mountain called it a sad day for the people of the U.P. and Northern Michigan. “It’s abhorrent how the governor and attorney general have shown a complete disregard for people in our state’s rural areas,” LaFave said. “It’s terrible to ignore an entire swath of people because they may not have voted for you during the last election. The judge just ruled on the constitutionality of the law and didn’t throw it out, so I find the attorney general’s opinion highly dubious”
Republicans in the Michigan Legislature are expected to challenge the ruling.
