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Construction of a tunnel under the Straits of Mackinac that would contain the controversial Line Five pipeline and other utilities can proceed – for now.
Judge Michael Kelly of the Michigan Court of Claims ruled yesterday that the law enabling the project is constitutional.
The deal with pipeline owner Enbridge was struck and passed by the legislature in the closing days of the Rick Snyder administration.
Critics say it was hurried through because incoming governor Gretchen Whitmer opposed it.
Attorney General Dana Nessel ruled it unconstitutional shortly after the election.
She promised to appeal yesterday’s ruling.
Nessel is also pursuing a lawsuit to have the existing pipeline shut down immediately. Nessel has also accused Enbridge of misrepresenting its financial assets.
