A federal judge on Wednesday blocked Michigan Governor Gretchen Whitmer’s attempt to shut down an aging oil pipeline running beneath a channel linking two of the Great Lakes, finding that only the federal government can regulate interstate pipeline safety.
Whitmer ordered regulators in 2020 to revoke an easement allowing Enbridge Inc. to operate the 4.5-mile pipeline segment under the Straits of Mackinac, expressing fears that the 72-year-old pipeline could rupture and lead to a catastrophic spill.
In response, Enbridge filed a federal lawsuit, resulting in the judge’s ruling. The pipeline continues its operations with significant implications for environmental safety and policy.
The U.S. District Judge Robert Jonker indicated that revoking the easement would effectively shut down Line 5. He referenced that Congress expressly prohibited states from regulating interstate pipeline safety in the Pipeline Safety Act of 1992.
Jonker emphasized the federal government's authority: For better or worse, the national government has unequivocally decided to displace state power in this area and assume exclusive responsibility for interstate pipeline safety.
Environmental groups and Indigenous tribes have raised alarms over the environmental threats posed by the pipeline in the Great Lakes region. The potential for an oil spill poses a direct threat to local ecosystems and communities.
Enbridge, defending its position, stated the line is safe and that the ruling protects both the U.S. and Canada from significant energy disruptions. However, various legal challenges persist against the pipeline, highlighting ongoing tensions around environmental safety versus energy infrastructure.
Michigan Attorney General Dana Nessel's office is engaging in ongoing litigation related to Line 5, emphasizing the need for robust environmental safeguarding and policy reevaluation in light of these developments.
