# Whitmer Directs EGLE to Re-Review Line 5 Tunnel Permits After Michigan Supreme Court Ruling
LANSING, Mich. — Gov. Gretchen Whitmer announced Wednesday that state regulators will re-examine environmental permits issued in July for Enbridge's proposed Line 5 tunnel, after the Michigan Supreme Court ruled the state must conduct a broader scrutiny of environmental harms and alternatives for major infrastructure projects.
The Timeline That Changed Everything
EGLE issued a water resources permit for the proposed tunnel on July 15. Sixteen days later, on July 31, the Michigan Supreme Court vacated a separate tunnel permit issued by the Michigan Public Service Commission, ruling that the agency had considered too narrow a scope of potential environmental harm.
The court sent the MSPC permit back for additional review, finding that regulators had failed to adequately consider the full range of environmental consequences and alternatives, as well as the public's right to use the state's natural resources under Michigan's public trust doctrine.
"The Michigan Supreme Court has made clear that the state must more thoroughly scrutinize the environmental consequences of the proposed tunnel and the alternatives to it," Whitmer said in a statement released Wednesday.
Whitmer Urges Enbridge to Pursue Shutdown
In a letter sent Wednesday to Enbridge President and CEO Gregory Ebel, Whitmer declared that the tunnel is not a viable long-term alternative for Line 5 and urged the company to develop a planned, orderly transition to decommission the pipeline.
"Michigan has waited long enough. We cannot put the Great Lakes at risk for another decade while waiting for a solution that may never come," Whitmer wrote. "Develop a planned, orderly transition that protects Michigan families and businesses and gets oil out of the Straits."
Whitmer, who campaigned on shutting down the Line 5 pipelines in the Straits of Mackinac, has described the existing 73-year-old dual pipelines as a "ticking time bomb." Her administration is also involved in litigation against Enbridge to accelerate the pipeline's decommissioning.
The urgency has been heightened by a recent spill in Wisconsin. In August, the portion of Line 5 crossing northern Wisconsin released 1.3 million gallons of natural gas liquids, and the pipeline remains shut off as Enbridge responds to the spill.
EGLE: Legal Questions Unresolved, Construction Halted
EGLE Director Phil Roos acknowledged that the July permit may need additional review in light of the court ruling, though he said his agency had reviewed the project's cultural and environmental impacts "within our statutory scope."
"Until all those legal questions are resolved, conditions in EGLE's permit prevent construction of the tunnel entrance from moving forward," Roos said.
EGLE spokesperson Scott Dean said it is "too soon to speculate on details" about the timeline and procedure for the permit review. The department is also separately reviewing a wastewater permit for the tunnel project, with a decision expected by the end of September.
The Broader Impact of the Supreme Court Ruling
Legal experts said the July decision will have wide-reaching impacts on state environmental reviews beyond Line 5, because the scope of consideration the court demanded is now the standard for future projects.
The court's opinion noted that the regulatory agency was not entirely at fault for the narrow review. "We cannot fault (the agency) for this failure, because there was little authority on this issue prior to our decision today. Even so, it was error," the justices wrote.
Enbridge Pushes Back
Enbridge said in a statement that it already has an agreement with the state to build the tunnel, pointing to a 2017 agreement signed by then-Gov. Rick Snyder, state officials, and Enbridge officials.
"Without years of litigation and political intervention, this project would be moving toward completion," said Ryan Duffy, an Enbridge spokesperson. The statement also highlighted recent federal approval for the tunnel project from the U.S. Army Corps of Engineers, calling the permit "the highest standard" of environmental review for critical energy projects.
Environmental Groups Welcome the Move
The National Wildlife Federation called Whitmer's decision a "meaningful step to protect our waters, wildlife, communities, as well as Tribal and cultural resources from irrevocable disaster."
"These bold steps toward revoking the Line 5 tunnel permit not only stop a dangerous and outdated pipeline, but confirm that Michigan does not have to gamble on the future of the Great Lakes," said Beth Wallace, the organization's climate and energy director.
Andy Buchsbaum, attorney for the Great Lakes Business Network, said "Line 5's days are numbered, the tunnel is not an option, and Enbridge must come up with other alternatives." He pointed to existing alternatives including other pipelines, waterborne shipping, and rail transport that could replace Line 5's oil and propane supply when it shuts down.
What Happens Next
The Whitmer administration said the state is reviewing its options for proceeding in a manner consistent with the Supreme Court's decision and Michigan law. No timeline was given for the completion of the EGLE permit review, and the fate of the wastewater permit, due for decision by the end of September, remains uncertain in light of the expanded environmental scrutiny now required by the court.
The Line 5 project remains the subject of ongoing environmental, regulatory, and legal disputes involving the State of Michigan, Enbridge, and numerous stakeholders, including Tribal nations with cultural and religious ties to the Straits of Mackinac.