Court: Michigan Great Lakes tunnel deal constitutional
TRAVERSE CITY, Mich. (AP) — The Michigan Court of Appeals ruled Thursday that legislators did not violate the state constitution by allowing construction of an oil pipeline tunnel beneath a channel linking two of the Great Lakes, clearing the way for the project to proceed unless the state appeals again.
A three-judge panel affirmed a ruling last November by the Michigan Court of Claims, which upheld a law authorizing a deal between former Republican Gov. Rick Snyder and Canadian pipeline company Enbridge.
They had agreed on a plan to drill the tunnel through bedrock beneath the Straits of Mackinac, which links Lakes Michigan and Huron and divides Michigan's upper and lower peninsulas.
It would house a pipeline that would replace an underwater segment of Enbridge's Line 5, which carries crude oil and natural gas liquids used in propane between Superior, Wisconsin, and Sarnia, Ontario.
Lawmakers approved the agreement during a lame-duck session in December 2018 over objections that the measure was drafted sloppily and rushed to enactment before Democrat Gretchen Whitmer, who criticized the deal, took over for Snyder the following month.
Attorney General Dana Nessel, also a Democrat, issued an opinion in March 2019 that the bill was unconstitutional because its provisions far exceeded what its title specified.
Enbridge requested a ruling from the Court of Claims, where Judge Michael Kelly found that lawmakers had adequately followed the constitutional requirement to express a bill's "general purpose or object" in its title.
Appeals judges Thomas Cameron, Mark Boonstra and Anica Letica agreed.
"We conclude that the title ... does not address objects so diverse that they have no necessary connection," they said in a written opinion Thursday.
The ruling was a victory for Enbridge, which says it plans to finish the tunnel by 2024.
Whitmer's office is reviewing the decision, spokeswoman Tiffany Brown said.
Voting ends soon in the 2020 State Bar election
In late May, State Bar of Michigan members should have received an email from sbmelection@electionservicescorp.com or sbmelection@mg.electionservicescorp.com with a link to vote in the 2020 State Bar of Michigan election. Any members who have not yet received the email (subject line “Vote Now in the 2020 State Bar of Michigan Election—E-Ballot enclosed”) should check their spam or junk folder. Members who determine that they were not sent a ballot, should contact Election Services Corp. at 1-866-720-4357.
Elections are being held for positions on the Judicial Tenure Commission, the Board of Commissioners in Districts H and I, and the Representative Assembly in Circuits 6, 7, 16, 22, and 40. Members whose address on file is not in one of the districts or circuits where there is a contested race only received a ballot for the Judicial Tenure Commission race.
Voting will end at 11:59 p.m. on Monday, June 15.
Anyone with questions can contact Marge Bossenbery at mbossenbery@michbar.org, 517-346-6327; or Carrie Sharlow at csharlow@michbar.org, 517-346-6317.
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