Enbridge in Michigan Line 5 helps heat Michigan homes, schools, hospitals and businesses, fuels vehicles, and powers industry by safely and reliably transporting light crude oil, light synthetic crude oil and natural gas liquids (NGL). Gretchen Whitmer revoked Enbridge’s easement for the pipeline and Attorney General Dana Nessel filed a lawsuit seeking to enforce it. There are some interests in Toledo, Ohio, actually, a refinery in Toledo that use some of the products this pipeline carries. Several construction unions, along with the business lobby Wisconsin Manufacturers and … NS: Yes, so what’s at issue here is something called the public trust doctrine. There maybe other ideas . Enbridge filed a federal lawsuit soon thereafter to battle the order and keep the pipeline flowing. Products moved on Line 5 heat homes and businesses, fuel vehicles, and power industry in the state … If you have a breach in the water you simply scim it off the surface, collect it and use it. With so many twists and turns in the Line 5 story, it’s hard to keep up with the legal filings and positions from Enbridge Energy Corp., various Michigan governmental agencies and groups trying to stop or keep the pipeline. The Rebound West Michigan: State of Education, Excellence in Education Award Nominations. It carries synthetic crude, natural … Enbridge said it is confident Line 5 continues to operate safely and “there is no credible basis for terminating” the easement. Enbridge Energy has filed a federal lawsuit against the State of Michigan, asking the courts to prevent the state from shutting down the Line 5 … They may argue they have a license to use this pipeline, and they may try to challenge the state’s action. With so many twists and turns in the Line 5 story, it’s hard to keep up with the legal filings and positions from Enbridge Energy Corp., various Michigan governmental agencies and groups trying to stop or keep the pipeline. However if the pipeline is shut down, one of the arguments to have the tunnel is that Enbridge needs it as a necessity to continue to transport oil through the Straits of Mackinac. Shutting down this infrastructure could cause the shutdown of refineries served by Line 5 … We remain committed to advancing The Great Lakes Tunnel that will contain a new section of pipeline to replace the Dual Pipelines. Remind us what’s in the pipeline and how it’s affecting people in their everyday lives in Michigan and beyond. You can watch that film HERE. Enbridge Energy is suing the State of Michigan in federal court in hopes of thwarting Michigan Gov. The Canadian company, Enbridge, owns the miles of pipeline below the Straits of Mackinac that carry oil, natural gas and other materials through the waters of the Great Lakes. Enbridge remains confident that Line 5 continues to operate safely and that there is no credible basis for terminating the 1953 Easement allowing the Dual Line 5 Pipelines to cross the Straits of Mackinac. Nick Schroeck: It’s different because this is specifically related to the easement, the easement that the state initially granted back in 1953 for the pipeline. The company has also said a Line 5 shutdown would increase fuel prices and harm Southeast Michigan and Ohio … We will continue to focus on the safe operation of the dual Line 5 pipelines at the Straits of Mackinac, ensuring the Great Lakes are protected while also reliably delivering the energy that helps to fuel Michigan’s and the region’s economy,” Yu continued. In developing its report, the Michigan Department of Natural Resources (DNR) chose to conduct its assessment of Easement compliance in a non-public manner. That is when Embridge first saw an easement from the state of Michigan and actually placed the pipelines into the water. And this is oil that’s coming in through Canada, traversing through Canada, through Wisconsin, through the Upper Peninsula, through the Straits, down through lower Michigan and over to Sarnia, Ontario. The state’s also alleging that ongoing operation of this pipeline, which the state is alleging is in violation of this easement, puts our public trust resources, puts the Great Lakes at risk. Enbridge says shutting down Line 5 will disrupt propane supply to the Upper Peninsula, where the fuel is relied upon for residential heating. Enbridge is currently seeking permit approval for the tunnel project and replacement pipeline which, upon completion, will make a safe Straits crossing even safer. Required fields are marked *. This failure to engage reflects a lack of understanding or worse, a continued failure to meet the State’s commitments under the 2018 Second Agreement between the State of Michigan and Enbridge, which contemplates periodic meetings on pipeline issues to avoid just this kind of situation. The DNR rejected Enbridge’s offer to allow technical experts to discuss any questions or clarifications related to its review. The company says it is confident that Line 5 continues to operate safely, and there is "no credible basis" for shutting it down. Well if you don’t have that pipeline in existence, are you still able to make that argument persuasively that you need a tunnel? This is why people sometimes call the pipeline system the “dual” or “twin” pipelines. So certainly people in the Upper Peninsula think that’s a major concern. Line 5 is an essential source of energy for not only Michigan but for the entire region including Wisconsin, Indiana, Ohio, Pennsylvania, Ontario, and Quebec. Both sides in a multi-year battle over the future of Enbridge's Line 5 faced off during an online public hearing before officials with the Army Corps of Engineers. I imagine Enbridge may also try and raise some other legal claims. This is a question over whether or not Enbridge has been operating this pipeline legally in accordance with that easement. SS: Let’s talk about that risk for a moment. “This notice and the report from Michigan Department of Natural Resources are a distraction from the fundamental facts,” said Vern Yu, Executive Vice President and President, Liquids Pipelines. Whitmer signed an executive order in 2019 creating the Upper Peninsula Energy Task Force. What Michigan’s move to shut down Enbridge Line 5 means, Governor Whitmer takes legal action to force shut down of Enbridge’s Line 5, Michigan Governor seeks shutdown of Great Lakes oil pipeline. Enbridge said, in part: “We will continue to focus on the safe operation of the dual Line 5 pipelines at the Straits of Mackinac, ensuring the Great Lakes are protected while also reliably delivering the energy that helps to fuel Michigan’s and the region’s economy.”. You have to burn the dirt to remeadiate it from contaminating the aquifer. What that means, that’s legal speak, saying that the court would actually agree with the state’s interpretation and agree that this easement should be revoked or otherwise terminated. SS: Is this a different kind of legal authority that the governor and the attorney general are invoking to try to have this shut down in six months? Enbridge received the notice from the Governor’s chief legal counsel this afternoon and is reviewing the document. On April 17, 2020, Enbridge Energy, Limited Partnership (Enbridge) filed an application with the Michigan Public Service Commission (MPSC or Commission) pursuant to Public Act 16 of 1929, MCL 483.1 et seq, also referred to as Act 16, requesting authority to replace and relocate the segment of Line 5 … This is different than maybe a permitting fight or something like that. NS: I mentioned the petroleum products that are actually diverted for heating and liquid petroleum in the Upper Peninsula. (Image from One Detroit). So primarily the use of this pipeline is really just to go through Michigan, right? Gretchen Whitmer is moving to shut down Line 5 by revoking and ending a 1953 easement that allows Enbridge Energy to run the dual pipeline through the Straits of Mackinac. Plains Midstream Canada ULC (Plains) recently interceded on behalf of Enbridge, underscoring the significance of the Line 5 pipeline to the Plains workforce and operations, specifically in Michigan. But primarily this is a Canadian company using this pipeline to transport its product to Canada through Michigan. You have the ongoing permitting processes in place related to the tunnel, which would house potentially a new pipeline going through the Straits of Mackinac. This material may not be published, broadcast, rewritten, or redistributed. Energizing Michigan since 1953. SS: What can happen between now and May? Enbridge's Line 5 has served Michiganders safely without incident at the Straits crossing for more than 65 years, over nine different State Administrations. Our focus remains on protecting the Great Lakes, the environment and all the people who use these waters while delivering energy that people rely on daily. Legal Translation: Environmental attorney explains the latest on Enbridge Line 5 news. Enbridge has warned that a Line 5 shutdown would threaten Michigan’s energy security, particularly for Upper Peninsula residents who rely upon propane from Line 5 to heat their homes. NS: It’s really interesting. LRE-2010-00463-56-A19. On Tuesday, Enbridge filed suit in Federal court in order to keep their pipeline in the Straits of Mackinac, known as Line 5, open. With today’s actions by the Governor and Attorney General based on historical Line 5 compliance, Enbridge finally will have an opportunity to review the DNR’s analysis and provide a thorough response through the legal process. Its legal arguments in the case, similar to its arguments in previous lawsuits, hinge upon the PHMSA’s reliable green-lighting of Enbridge’s actions concerning Line 5. Families and businesses in the Upper Peninsula rely on Line 5 to meet 65% of their propane … We’re talking hydrocarbons. Line 5 is particularly notable for passing under the environmentally sensitive Straits of Mackinac, which connect Lake Michigan to Lake Huron. In a Dec. 3 letter to Gov. SS: And is any of this impacting the plan to build a tunnel under the Straits to replace this aging pipeline? Water and oil don’t mix and oil is lighter than water. I would rather clean up a breach in the water than in the soil. NS: Primarily it’s oil. I should note that there is a way to get propane to other folks by rail or truck or creating a new pipeline for that concern. The state is in charge of our Great Lakes bottomlands, and the protector of our Great Lakes bottomlands has authority over that submerged ground under the Straits of Mackinac. Your email address will not be published. What is Enbridge Line 5? There are some other liquid gases that are carried in this pipeline, and some of that is diverted in the Upper Peninsula and to be used for propane, for heating homes and that kind of thing. But last week Michigan Gov. Now all of that permitting process continues. Enbridge's Line 5 has served Michiganders safely without incident at the Straits crossing for more than 65 years, over nine different State Administrations. SS: We did reach out to Enbridge to have someone interviewed on this program. Participants who wish to speak will have three minutes to comment. This is a fundamental issue about the ability of this pipeline to continue its operations there along the Straits of Mackinac. The tunnel proposed is an expensive but positive way to work toward protecting the resources. They start underground onshore, taper deep underwater and cross the Straits for 4.5 miles. We should task our engineering schools such as Michigan Tech to come up with answers, we secure Federal funding for these schools, we should require that they become engaged in our needs. Let me Begin by saying I have a great deal of knowledge in issues related to EPA guidelines. That’s the ground the state wants to be arguing on, so it will be interesting to see what additional legal claims or other lawsuits are filed by Enbridge to try and either slow down or perhaps stop the state from being able to take this action. That’s a concern that’s often been raised. Gretchen Whitmer revoked Enbridge’s easement, PFAS News Roundup: PFAS exposure may affect COVID vaccine, NY bans PFAS in food packaging, Flint water settlement borrowing plan approved by lawmakers, Energy, Clean Energy, Ethanol and Fracking, With Line 5 closure, a ‘game of chicken’ over how to heat Upper Peninsula. As of December 2013, the line carries 540,000 barrels (86,000 m ) of oil per day. GLN Editor’s Note: Great Lakes Now produced a half-hour documentary called “Beneath the Surface” in 2019. As Enbridge Energy started construction this week on one pipeline in Minnesota, it was receiving support from a coalition of union trades groups for its plans to rebuild part of its Line 5 natural gas line in northern Wisconsin. Copyright 2020 Scripps Media, Inc. All rights reserved. We’ve certainly heard from environmental groups that are hailing this order to have it shut down in six months, but who’s benefitting from it, what are the economics and the benefits to other groups? Participants may join the hearing using both audio and web connections or using audio only. This is the legal theory that the state as the sovereign – the state is in charge of us here, the people of Michigan – when the state came into the union in 1837 actually brought with it the rights to the bottomlands of the Great Lakes, and the public trust recognizes that you and I and any residents in Michigan as well as future generations have an interest in being able to fish, to hunt, to use the Great Lakes for transportation and navigation purposes. There’re other legal theories that they may raise to try to slow down or stop this action. If this pipeline was shut down, what will that mean for people, homeowners in the Upper Peninsula that rely on that fuel source? Dear Editor: Enbridge Line 5, a 67-year-old Canadian oil pipeline, starts in Superior, and traverses east using the upper Great Lake states for a shortcut to its destination in Sarnia, Ontario. Wisconsin receives no benefit from the pipeline but is subject to a lot of risk. To travel through the state, make its way to refineries primarily in Sarnia, Ontario. TRAVERSE CITY, Mich. — Enbridge responded Friday to Gov. Save my name, email, and website in this browser for the next time I comment. The proposed tunnel would house the replacement segment for the Line 5 petroleum pipeline that sits on the bottom … How is this new action different? NS: The same day that the governor announced the termination of this easement, the attorney general, Dana Nessel, also filed a lawsuit in Ingham County Circuit Court seeking what’s a called a declaratory judgement. Enbridge Line 5 Tunnel File No. Gretchen Whitmer's decision to shut down the Line 5 dual pipelines in the Straits of Mackinac. As Enbridge plans to replace the pipeline with a tunnel under the lake bottom, a permitting process is currently underway aiming at the tunnel’s operation within a decade. Enzyms will eat the residual. Line 5 is part of Enbridge's Lakehead network, which carries oil from western Canada to refineries in the U.S. and Ontario. “Line 5 remains safe, as envisioned by the 1953 Easement, and as recently validated by our federal safety regulator,” which according to the Detroit Free press is the Pipeline and Hazardous Materials Safety … Otherwise the vast majority of this crude oil makes its way to Canada to be refined and turned into gasoline and other oil-based products. Your email address will not be published. Enbridge Line 5 is a major oil pipeline in the Enbridge Lakehead System, which conveys petroleum from western Canada to eastern Canada via the Great Lakes states. In Any case tunnel, pipe in the water, or pipe over land, truck, or rail the risk is the same. It’s also easier to isolate. Gretchen Whitmer’s quest to shut down the Line 5 petroleum pipeline. What should we look for maybe in a legal fight or otherwise with this new order and Enbridge? Enbridge received notice from the governor's legal counsel Friday afternoon and is reviewing the document. Enbridge Application for Line 5. SS: Who else is in favor of the pipeline? Ask the Great Lakes Now Team Your PFAS Question, Beneath the Surface: The Line 5 Pipeline in the Great Lakes, Michigan Gov. A court decision in Michigan could have major implications for the energy security of Ontario and Quebec. What’s the difference if you have a breach in the water or on the ground soil. Attorney Nick Schroeck and Great Lakes Now Program Director Sandra Svoboda chat about the latest on Line 5. Whitmer, Plains shared that Line 5 supplies all the feedstock or raw material to Plains’ … The Michigan Department of Natural Resources and the governor are contending that public trust considerations were not made and, in fact, the easement should not have been granted back then in 1953. To contain and clean up oil from water is easier. Since then in early 2018, there was actually an anchor strike that struck the … Certainly there will be litigation there in Ingham County Circuit Court. But as far as we know right now, the Michigan Environment, Great Lakes, and Energy department as well as U.S. Army Corps of Engineers that also has jurisdiction over Great Lakes bottomlands, they continue working forward through the permitting process as if a tunnel will be built in the future. According to Enbridge vice president and president of liquids pipelines, Vern Yu, Line 5 is still very viable. We did not hear back in time before this taping, but we do have their statement. Enbridge files federal challenge to Whitmer’s Line 5 … I would prefer a stainless steel flex pipe with a ancor proof angle over top. And so what the state is invoking here when looking at this easement with Enbridge is whether the public trust doctrine was considered in 1953 when the original easement was granted. Lansing — Gov. But in the following conversation, attorney Nick Schroeck, who is the director of the environmental law clinic at University of Detroit Mercy, and Great Lakes Now Program Director Sandra Svoboda have this update about the latest legal actions and a refresher about what the pipeline is all about. Line 5 Tunnel Project Proposal Enbridge Energy Limited Partnership is seeking approval to build a utility tunnel and to replace and relocate the portion of the Line 5 pipeline that runs beneath the Straits of Mackinac. That’s six months away, that’s a long time in today’s world. But really, I think, the state is hoping to have legal actions based on this easement and Enbridge’s performance based on this easement. “Line 5 remains safe, as envisioned by the 1953 Easement, and as recently validated by our federal safety regulator. Enbridge Inc. has sued in federal court to halt Gov. The Company Enbridge is required to have a plan in place to act expedisiosly to identify and contain a spill in either case. Enbridge’s Line 5 is a 645-mile petroleum pipeline that is part of the larger Enbridge Lakehead System. Here is an edited transcript of the Schroeck-Svoboda conversation: Sandra Svoboda: We’ve seen so many things happen with Enbridge Line 5. Public Hearing - Enbridge Line 5 Tunnel. Enbridge’s Line 5 pipeline has been operating for over 65 years. December 7, 2020, 1:00 – 4:00 PM, EST. According to Enbridge, Line 5′s resources supplies 65% of the propane used in the Upper Peninsula. Line 5 carries oil from Superior, Wisconsin, across Michigan’s Upper Peninsula, through northern Michigan, down to the thumb region, and under the St. Clair River to Sarnia, Ontario. So Enbridge line five, the dual pipelines that run beneath the straits of Mackinac have actually been in existence since 1953. Enbridge said that grief counseling is being made available for workers. 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