{"id":40676,"date":"2025-09-22T07:30:00","date_gmt":"2025-09-22T14:30:00","guid":{"rendered":"https:\/\/www.lifeandnews.com\/articles\/?p=40676"},"modified":"2025-09-25T04:06:23","modified_gmt":"2025-09-25T11:06:23","slug":"a-great-lakes-oil-pipeline-faces-3-controversies-with-no-speedy-resolutions","status":"publish","type":"post","link":"https:\/\/www.lifeandnews.com\/articles\/a-great-lakes-oil-pipeline-faces-3-controversies-with-no-speedy-resolutions\/","title":{"rendered":"A Great Lakes oil pipeline faces 3 controversies with no speedy resolutions"},"content":{"rendered":"\n

Mike Shriberg<\/a>, University of Michigan<\/a><\/em><\/p>\n\n\n\n

For more than a decade, controversy over an oil pipeline that passes directly through a Native American reservation and then across a sensitive waterway that is also a key shipping lane has brewed in Wisconsin and Michigan.<\/p>\n\n\n\n

Since taking office in January 2025, the Trump administration has joined an already complex fray, with policy decisions and legal filings as well as administrative and judicial appointments that have shifted the strategies and potential outcomes of the situation. The changes affect not just pipeline operator Enbridge but also the environmental, Indigenous and political leaders working to shut down the pipeline, known as Line 5<\/a>.<\/p>\n\n\n\n

Part of the dispute is slated to come before the U.S. Supreme Court in the coming months<\/a>, but that will not deliver the final resolution of the situation.<\/p>\n\n\n\n

I am a water policy and politics analyst<\/a> and a former gubernatorial appointee to Michigan\u2019s Pipeline Safety Advisory Board<\/a>. I see these controversies raising critical questions about the environmental and economic future of the Great Lakes region and serving as a proxy for wider national battles<\/a> over water policy, Indigenous rights and the role of fossil fuels in the nation\u2019s future.<\/p>\n\n\n\n

Scrutiny of the pipeline<\/h2>\n\n\n\n

Built in 1953<\/a>, Enbridge\u2019s Line 5 oil pipeline carries petroleum products mostly from western Canada\u2019s tar sands to refineries in eastern Canada, using the Great Lakes as a shortcut. It traverses 645 miles (1,040 km) through Wisconsin and Michigan<\/a> and transports approximately 23 million gallons of oil and natural gas liquids<\/a> per day from Superior, Wisconsin, to Marysville, Michigan, and then across the Saint Clair River to Sarnia, Ontario.<\/p>\n\n\n\n

The pipeline has been the subject of intense scrutiny since soon after a 2010 oil spill into the Kalamazoo River in Michigan<\/a> from another Enbridge pipeline with a similar start and endpoint<\/a>. The 2012 publication of Sunken Hazard<\/a>, a report from the National Wildlife Federation about the potential for a spill from Line 5, fomented public concern and launched an advocacy movement<\/a> that began with questions about Line 5\u2019s safety and has led to calls for its complete shutdown.<\/p>\n\n\n\n

While the entire pipeline is being scrutinized, there are two primary areas of concern. In Wisconsin, the pipeline runs for 12 miles (19 km) across the reservation of the Bad River Band of Lake Superior Chippewa<\/a>. And when it crosses from Michigan\u2019s Upper Peninsula to its Lower Peninsula, the line splits into two parallel pipes that run along the bottom of the Straits of Mackinac<\/a>, which connect Lake Michigan and Lake Huron.<\/p>\n\n\n\n

Shutting down Line 5 in Michigan<\/h2>\n\n\n\n

In 2021, Michigan Gov. Gretchen Whitmer revoked Enbridge\u2019s easement<\/a> to operate the pipeline across the Straits of Mackinac. The governor asserted that Enbridge \u201crepeatedly violated the 1953 easement and that the continued operation of the dual pipelines violates the state\u2019s solemn duty to protect the Great Lakes<\/a>.\u201d<\/p>\n\n\n\n

Some of her concerns exist because the pipeline sits in the open water of the Great Lakes and has been damaged multiple times by ship\u2019s anchors<\/a>, is subject to corrosion<\/a>, and has been found to be bent and deformed<\/a> by the extremely powerful currents in the Straits of Mackinac<\/a>.<\/p>\n\n\n\n

Enbridge refused to comply<\/a> with the shutdown order and has taken the battle into the courts while continuing to send petroleum products through the pipeline across the straits. The Trump administration \u2013 through a Sept. 19, 2025, court filing<\/a> \u2013 is supporting Enbridge\u2019s claim that the pipeline is not subject to state regulation and oversight<\/a>.<\/p>\n\n\n\n

There has been a long back-and-forth about whether state courts have jurisdiction<\/a>, as state officials argued, or whether federal courts should handle it, as Enbridge claimed. In June 2025 the trial was set for a state court when the U.S. Supreme Court unexpectedly stepped in<\/a> at Enbridge\u2019s request. The case has not yet been scheduled for oral arguments before the court, but they \u2013 and a potential ruling \u2013 are expected sometime between October 2025 and June 2026<\/a>.<\/p>\n\n\n\n

The state court has said it will continue its proceedings without waiting<\/a> for a Supreme Court decision. But the ground is set for the continuation of an extended and complicated legal battle.<\/p>\n\n\n\n

The Great Lakes tunnel<\/h2>\n\n\n\n

While Enbridge is fighting the shutdown of its existing pipeline, the company is seeking state and federal permission to build a replacement, by digging a new tunnel below the Straits of Mackinac<\/a>.<\/p>\n\n\n\n

The company needs both federal and state permits<\/a> before construction can begin. The federal permits are expected to come quickly as a result of a Trump administration policy.<\/p>\n\n\n\n

On the first day of his second term, Trump declared a \u201cnational energy emergency<\/a>.\u201d In general, the policy<\/a> is being used to try to slow the transition away from fossil fuels<\/a> and toward clean energy sources, and to remove climate change as a factor<\/a> in environmental reviews and permitting.<\/p>\n\n\n\n

For Line 5, the most consequential provisions of the order are those that call for \u201cemergency approvals<\/a>\u201d and \u201cexpediting the Delivery of Energy Infrastructure.\u201d The tunnel is on the Army Corps of Engineers\u2019 list of projects eligible for fast-track approval<\/a>.<\/p>\n\n\n\n

However, Enbridge still needs state permits<\/a>, which many groups are opposing based on potential environmental damage to the shoreline<\/a>, the safety of the tunnel<\/a> and the need to address climate change by slowing down oil extraction<\/a>.<\/p>\n\n\n\n

In addition, all of the federally recognized tribal governments in Michigan<\/a> oppose Line 5\u2019s continued existence, contending that Indigenous fishing rights in the Straits of Mackinac are at risk from the pipeline both ecologically and culturally. Their position, expressed in a state-court challenge to the tunnel<\/a>, could end up testing the power of their rights under treaties with the U.S. government.<\/p>\n\n\n\n

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