In a statement Tuesday, Whitmer spokeswoman Tiffany Brown said Enbridge’s lawsuit “brazenly defies the people of Michigan and their right to protect the Great Lakes from a catastrophic oil spill.”, “In short, Enbridge claims it can continue to pump oil through the Straits of Mackinac indefinitely, posing enormous risk to our economy and way of life – and that the people of Michigan have no say in the matter,” Brown said. Line 5 is a key conduit of crude for Canadian refineries in Ontario and Quebec. Shut Down Line 5 Every day, nearly 23 million gallons of oil flow through two aging pipelines in the heart of the Great Lakes. 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. Gov. Line 5 is operated by the Canadian energy company Enbridge, and crosses beneath the Straits of Mackinac where Lake Michigan and Lake Huron meet. Whitmer signed an executive order in 2019 creating the Upper Peninsula Energy Task Force. The state’s notice goes on to say that Enbridge has repeatedly violated the easement by not exercising due care and maintenance when operating the pipeline. Line 5 transports 23 million gallons of crude oil and natural gas liquids daily, including up to 75% of Michigan’s propane requirements. Court jurisdiction could prove important, particularly given the partisan nature of debates over Line 5. In the spring of 2018, a freighter dragged an anchor across the line and caused some damage. By Kelly House, Bridge Michigan, through the Institute for Nonprofit News network. Along the way, Enbridge and its supporters are likely to raise concerns that a Line 5 shutdown would have widespread economic ramifications in Michigan as well as out-of-state and abroad. Great Lakes Now at Detroit Public Television; 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. The company has also said a Line 5 shutdown would increase fuel prices and harm Southeast Michigan and Ohio refineries that process oil from Line 5. Opponents of shutting down the line say it would cut off energy to residents of Michigan, especially those in the Upper Peninsula. The company has also said a Line 5 shutdown would increase fuel prices and harm Southeast Michigan and Ohio refineries that process oil from Line 5. Shutting down Line 5 has serious implications, for residents of Ontario and Quebec, as well as Michigan itself. Enbridge’s lawsuit follows an announcement Nov. 13 that Gov. Line 5 is a key conduit of crude for Canadian refineries in Ontario and Quebec. Following a state review that found the Line 5 petroleum pipeline is putting the Great Lakes at risk, Michigan has ordered Canadian petroleum company Enbridge Energy to shut down the pipeline that runs through the Straits of Mackinac by May. In its filing, the company argued Michigan’s shutdown order interferes with federal authority in a way that “would create a disturbing precedent” and encourage “copycat” actions in other states. Line 5 is part of a system that pumps oil from western Canada throughout the continent, including to refineries in Michigan, Ohio and Ontario. Line 5 opponents have expressed optimism about Nessel’s chances of winning a lawsuit in state courts, in part because the Michigan Supreme Court’s makeup shifted to a liberal majority with voters’ election Nov. 3 of Democratic nominee Elizabeth Welch to replace outgoing Republican nominee Stephen Markman. Enbridge Inc. has filed a lawsuit against Michigan Gov. Whitmer said Enbridge violated the public trust doctrine - an area of law that makes the state the “trustee” of Great Lakes public bottomlands. Pipelines across the U.S. have been mired in legal challenges as environmental opposition mounts. “Enbridge’s Line 5 is a grave and unreasonable risk to the state’s residents and natural resources and requires the pipeline to be shut down 180 days from now, on May 12, 2021,” the state said in a release Friday. Gretchen Whitmer's recent demand that the company shut down its oil pipeline that crosses the waterway connecting Lake Huron and Lake Michigan.The Canadian company accused the state of overstepping its bounds, arguing that Enbridge's Line 5 was under the sole regulatory jurisdiction of the Line 5 is safe, and there’s a plan to make it even safer by burying it deep below the lakebed.”. The State of Michigan revoked the 1953 easement … Registration on or use of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your California Privacy Rights (each updated 1/1/20). Whitmer ordered the shutdown after a state Department of Natural Resources review concluded Enbridge has violated the terms of the state easement that grants the company permission to operate Line 5 in the lakebottom of the Straits. "Enbridge's Line 5 is a 645-mile, 30-inch-diameter pipeline that travels through Michigan's Upper and Lower Peninsulas, originating in Superior, Wisconsin, and terminating in Sarnia, Ontario, Canada. Gretchen Whitmer is revoking an easement that allows Enbridge to operate in the Straits of Mackinac over fears that the pipeline’s continued operation poses an unacceptable risk of environmental catastrophe in the waterway. Line 5 is a key conduit of crude for Canadian refineries in Ontario and Quebec. Enbridge Faces New Fight as Michigan Seeks Line 5 Shutdown Back to video “Enbridge’s Line 5 is a grave and unreasonable risk to the state’s residents and natural resources and requires the pipeline to be shut down 180 days from now, … The DNR review also concluded the easement should never have been granted, because allowing Line 5 to operate in the straits violates the public’s overriding interest in protecting the Great Lakes. ‘Battle is not over.’ Fight to stop oil line has waged for years, Line 5 tunnel law upheld by Michigan Court of Appeals, Line 5 opponents urge shut down ahead of tunnel hearing, State calls for Enbridge to prove it can cover spill costs, Line 5 supporters and opponents come out in force. Enbridge has since filed a federal lawsuit to fight back against the revocation and shutdown order. No oil was spilled. Gretchen Whitmer of Michigan has told Enbridge Inc. she is ordering the company to shut down its Line 5 crude oil pipeline under the Straits of … The suit repeats a familiar argument the company has made in past disputes with the state: that federal regulators with the U.S. In this 2017, file photo, fresh nuts, bolts and fittings are ready to be added to the east leg of the Enbridge Line 5 pipeline in Michigan. Enbridge has frequently countered calls to shut down the pipeline with dire predictions that a shutdown would strand Upper Peninsula residents who heat their homes with propane from Line 5 and imperil regional refineries that use oil from the pipeline. The Canadian company’s filing in the U.S. District Court for the Western District of Michigan seeks an injunction against Whitmer’s shutdown orders. “Most importantly, Enbridge has imposed on the people of Michigan an unacceptable risk of a catastrophic oil spill in the Great Lakes that could devastate our economy and way of life," she said. The move follows Whitmer’s Nov. 13 announcement that she has ordered Enbridge to shut down the pipeline running across the bottom of the Straits of Mackinac by May for fear that its continued operation would pose an unacceptable oil spill risk in the Great Lakes. “Enbridge’s Line 5 is a grave and unreasonable risk to the state’s residents and natural resources and requires the pipeline to be shut down 180 days from now, on May 12, 2021,” the state said in a release Friday. Pipeline and Hazardous Materials Safety Administration are in charge of pipeline safety, not the state of Michigan. The line transports 22.68 million gallons per day of crude oils and natural gas liquids to later become propane. Ask the Great Lakes Now Team Your PFAS Question, Beneath the Surface: The Line 5 Pipeline in the Great Lakes. “Once we do, we will discuss it with our clients and determine the appropriate next steps,” Nessel spokesman Ryan Jarvi said. Mike Shriberg, Great Lakes regional executive director for the National Wildlife Federation, called it a “last-ditch effort.”, “The courts should reject this irresponsible effort to strip Gov. Required fields are marked *. The Canadian company’s filing in the U.S. District Court for the Western District of Michigan seeks an injunction against Whitmer’s shutdown orders. Enbridge sues Michigan over Line 5 shutdown order Enbridge’s lawsuit follows an announcement Nov. 13 that Gov. An Ingham County judge on Thursday ordered Enbridge to shut down its Line 5 pipelines at the bottom of the Straits of Mackinac pending the outcome of a hearing to be held next Tuesday. Enbridge countersues Michigan in federal court, calls proposed Line 5 shutdown 'illegal' Detroit Free Press | 21d Canadian oil transportation giant Enbridge has fired back at Gov. As a result, Enbridge argues, Michigan has no authority to shut down Line 5 over alleged safety concerns. The move does not immediately impact ongoing work by Enbridge to replace part of the line and house that section in a multi-use tunnel buried under the bedrock of the straits, which is the subject of other ongoing litigation. LANSING, MI -- Michigan Gov. However, Enbridge disclosed this past June that the pipelines had been struck again in 2019 by anchors or cables. (Michigan Department of … Gretchen Whitmer, seeking a court order to prevent the shutdown of its Line 5 oil pipeline. 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. “This is a brave and just decision for the Great Lakes,” said Mike Shriberg, regional executive director, Great Lakes, for the National Wildlife Federation. Whitmer’s order cancelled Enbridge’s easement in the straits, and gave the company until May of 2021 to stop the … Enbridge supporters applauded the company’s lawsuit, arguing that allowing Line 5 to remain operational until Enbridge can replace the existing dual-span with a single pipe buried in a tunnel deep beneath the straits is the best way to improve pipeline safety while avoiding economic repercussions from a lapse in fuel transports through the pipeline. An Ingham County, Michigan, judge on Thursday ordered Enbridge to shut down its Line 5 pipelines at the bottom of the Straits of Mackinac pending the outcome of a hearing to be held next Tuesday. “Transporting millions of gallons of petroleum products each day through two 67-year old pipelines that lie exposed in the Straits below uniquely vulnerable and busy shipping lanes presents an extraordinary, unreasonable threat to public rights because of the very real risk of further anchor strikes and other external impacts to the Pipelines, the inherent risks of pipeline operations, and the foreseeable, catastrophic effects if an oil spill occurs at the Straits,” the notice said. Enbridge Energy is suing the State of Michigan in federal court in hopes of thwarting Michigan Gov. Related: See a timeline of the pipeline’s history. With Tuesday’s filing, Enbridge also filed paperwork seeking to remove the state’s Ingham County lawsuit to federal court. A report by Lansing-based Public Sector Consultants found Michigan can find other ways to meet the Upper Peninsula’s energy needs without Line 5, but it would come with a modest cost increase. According to Enbridge, Line 5′s resources supplies 65% of the propane used in the Upper Peninsula. (Dale G. Young/Detroit News via The Associated Press) Enbridge said in a statement that Line 5 is in compliance with the easement and “there is no credible basis” for pulling the easement. Enbridge said the attempt by the state to shut down Line 5 interferes with federal regulation of pipeline safety, adding the federal regulator had found Line 5 … The Great Lakes News Collaborative includes Bridge Michigan; Circle of Blue; Great Lakes Now at Detroit Public Television; and Michigan Radio, Michigan’s NPR News Leader; who work together to bring audiences news and information about the impact of climate change, pollution, and aging infrastructure on the Great Lakes and drinking water. Environmental groups have long called for revocation of the easement. “Here in Michigan, the Great Lakes define our borders, but they also define who we are as people,” Whitmer said in a statement. The Canadian company’s filing in the U.S. District Court for the Western District of Michigan seeks an injunction against Whitmer’s shutdown orders. On Friday, Nov. 13, Governor Gretchen Whitmer announced to Enbridge energy delivery company that they have until May 2021 to shut down Line 5, a major oil pipeline running through the state of Michigan and into Canada that has been of concern to many due to its running under the environmentally sensitive Straits of Mackinac. Enbridge Inc. insists the Line 5 pipeline was not damaged, and the company resumed the flow of oil and natural gas liquids in the west leg of the twin system Saturday. Your email address will not be published. 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