(The Center Square) – The Michigan Supreme Court announced it will take up a legal challenge to the Great Lakes Tunnel Project, which is slowly making its way out of regulatory limbo.
A coalition of Native American tribal nations and environmental groups who have joined together in opposition to the project applauded the court’s decision.
“The Michigan Supreme Court taking up this case means that the Michigan Public Service Commission’s permit for this dangerous tunnel project could still be overturned,” Earthjustice Senior Associate Attorney Adam Ratchenski exclusively told The Center Square. “It means there is still hope for the Tribes and for the tens of thousands of people in Michigan, Wisconsin, and across the Great Lakes who’ve spoken out against Line 5. It’s not too late to protect our freshwater supply so we can all drink water, swim safely, and go fishing for decades to come.”
The Bay Mills Indian Community has been challenging the project for years, joining Democrats in calling for the complete closure of Line 5. Earthjustice, the nation’s largest nonprofit public interest environmental law organization, and the Native American Rights Fund are currently representing the tribal community.
The proposed changes would move a section of the pipeline into a tunnel under the Straits of Mackinac, which is the 4-mile wide waterway connecting Lake Michigan and Lake Huron, dividing Michigan’s Upper and Lower Peninsulas. The pipeline currently lies on the bottom of the Straits.
The transmission line is owned by Canadian company Enbridge and goes 645 miles from Superior, Wis., through the Straits of Mackinac in Michigan to Sarnia, Ontario. The 72-year-old pipeline currently moves more than 500,000 barrels of oil and natural gas liquids daily.
Enbridge argues the upgrades will make Line 5 more reliable, while protecting the integrity of the gas supply chain to Michigan.
“The Great Lakes Tunnel will be bored through rock, as much as 100 feet below the lakebed—virtually eliminating the chance of a pipeline incident in the Straits,” it stated.
Opponents of the project hope to see Line 5 closed down entirely.
“The tunnel project and the dual pipelines are just two versions of one terrible idea that threatens to destroy our clean water, our fishing, and our way of life for the sake of Canadian profits,” said Bay Mills Indian Community President Whitney Gravelle. “Our choice is between an oil spill in the Great Lakes and a clean water future for our children and grandchildren to enjoy. We simply want government officials to consider the safest, cheapest, and most common-sense alternative: Decommission Line 5.”
The Bay Mills Indian Community is joined in the lawsuit by Little Traverse Bay Bands of Odawa Indians, Grand Traverse Band of Ottawa and Chippewa Indians, and Nottawaseppi Huron Band of the Potawatomi. Environmental groups like Michigan Climate Action Network are also represented in the lawsuit, which argues that the tunnel will violate Michigan’s Constitution and the Michigan Environmental Protection Act.
Ratchenski said is unsure of the outcome of the legal challenge, but that he knows the ruling will be impactful.
“The Michigan Supreme Court’s decision will have significant consequences for the protection of the Great Lakes and all of Michigan’s natural resources including tribal resources,” he said. “It will determine how agencies look at environmental impacts during permitting. We don’t know how the Court will rule, but we are confident in our arguments and trust they will be heard and considered fairly.”
Earthjustice Managing Attorney Debbie Chizewer told The Center Square that it is hopeful this lawsuit will lead to a “full and fair examination” of the project by the Michigan Public Service Commission, which issued a permit for the project in 2023.
“During the commission hearings, the commission prevented tribal nations from putting forth evidence about the history and risks of oil spills from Line 5,” Chizewer said. “We maintain that this half-hearted review violated the core requirements of the Michigan Environmental Protection Act. A favorable ruling from the Supreme Court in this case would set things right.”
Republican lawmakers have joined together to support the project, as previously reported by The Center Square. In June, the U.S. Army Corps of Engineers also released a report which determined that the Line 5 tunnel project would have a “beneficial cumulative effect” on Michigan and its environment by reducing the risk of an oil leak.
While the report found there might be some “direct, short-term, detrimental impacts” during construction on the local environment and recreation, most “environmental consequences would be short-term with the effects resolving once construction is completed.”
The seven-year project, which has yet to break ground, is currently being expedited as a result of President Donald Trump’s day one executive order declaring a national energy emergency.
No date has yet been scheduled for the court to hear oral arguments.
