By Nick Smith
Gongwer News Service
Environmental groups thanked the Michigan Supreme Court last Friday for granting an application for leave to appeal a lower court ruling in its lawsuit over the Public Service Commission’s permit approval for the proposed Line 5 tunnel project.
The Supreme Court granted the leave of appeal last week in the lawsuit filed by the Environmental Law and Policy Center and Michigan Climate Action Network along with four tribal groups.
In April, the groups filed their appeal with the high court for a review of the decision of the Court of Appeals affirming the PSC’s approval of a permit for Enbridge to build a tunnel beneath the lakebed of the Straits of Mackinac for a section of pipeline to be relocated (See Gongwer Michigan Report, April 3, 2025).
The appellants and appellees in the case will each have 20 minutes of time during oral arguments. A date has not yet been set.
“ELPC and MiCAN appreciate that the Michigan Supreme Court has granted our petition for leave to appeal the lower court decision upholding the Michigan Public Service Commission’s permit approving Enbridge’s Line 5 oil pipeline tunnel through the Straits of Mackinac, which unduly threatens the vital air, water, and other natural resources of our Great Lakes
Communities,” Environmental Law and Policy Center Executive Director Howard Learner said in a statement.
Earlier this year, the Court of Appeals ruled it had found no reason to reverse the PSC’s decision to grant permit approval for the project, saying the commission had provided a comprehensive opinion outlining its decision and had acted reasonably in considering its actions regarding Line 5 (See Gongwer Michigan Report, February 19, 2025).
In its April filing, the groups stated that the key question being raised with the court is whether Enbridge met the criteria under state law in obtaining a permit for the proposed tunnel project.
Also, the groups asked if the Court of Appeals had erred in holding that the PSC has to duty to apply the common law public trust doctrine because the commission is not expressly empowered to do by the Legislature.
“On behalf of the tens of thousands of Michiganders who supported our appeal, we are grateful for another opportunity to ensure the projects protects public health and the environment,” Michigan Climate Action Network Executive Director Denise Keele said in a statement.
Following the April ruling by the Court of Appeals, an Enbridge spokesperson said the appeals court had come to the correct determination regarding the thoroughness of the PSC’s decision and that the tunnel would be a safe option to continue moving needed energy resources to market.
Enbridge spokesperson Michael Barnes in a Friday statement said the company is confident in the thoroughness of the PSC’s permitting process.
“The February decision from the Michigan Court of Appeals affirmed the comprehensive and detailed work of the MPSC to approve the Great Lakes Tunnel Project,” Barnes said. “As we proceed with this modernization project, we remain committed to operating Line 5 responsibly with enhanced safety measures in the Straits that protect Michigan’s natural resources.”
Gongwer News Service
Environmental groups thanked the Michigan Supreme Court last Friday for granting an application for leave to appeal a lower court ruling in its lawsuit over the Public Service Commission’s permit approval for the proposed Line 5 tunnel project.
The Supreme Court granted the leave of appeal last week in the lawsuit filed by the Environmental Law and Policy Center and Michigan Climate Action Network along with four tribal groups.
In April, the groups filed their appeal with the high court for a review of the decision of the Court of Appeals affirming the PSC’s approval of a permit for Enbridge to build a tunnel beneath the lakebed of the Straits of Mackinac for a section of pipeline to be relocated (See Gongwer Michigan Report, April 3, 2025).
The appellants and appellees in the case will each have 20 minutes of time during oral arguments. A date has not yet been set.
“ELPC and MiCAN appreciate that the Michigan Supreme Court has granted our petition for leave to appeal the lower court decision upholding the Michigan Public Service Commission’s permit approving Enbridge’s Line 5 oil pipeline tunnel through the Straits of Mackinac, which unduly threatens the vital air, water, and other natural resources of our Great Lakes
Communities,” Environmental Law and Policy Center Executive Director Howard Learner said in a statement.
Earlier this year, the Court of Appeals ruled it had found no reason to reverse the PSC’s decision to grant permit approval for the project, saying the commission had provided a comprehensive opinion outlining its decision and had acted reasonably in considering its actions regarding Line 5 (See Gongwer Michigan Report, February 19, 2025).
In its April filing, the groups stated that the key question being raised with the court is whether Enbridge met the criteria under state law in obtaining a permit for the proposed tunnel project.
Also, the groups asked if the Court of Appeals had erred in holding that the PSC has to duty to apply the common law public trust doctrine because the commission is not expressly empowered to do by the Legislature.
“On behalf of the tens of thousands of Michiganders who supported our appeal, we are grateful for another opportunity to ensure the projects protects public health and the environment,” Michigan Climate Action Network Executive Director Denise Keele said in a statement.
Following the April ruling by the Court of Appeals, an Enbridge spokesperson said the appeals court had come to the correct determination regarding the thoroughness of the PSC’s decision and that the tunnel would be a safe option to continue moving needed energy resources to market.
Enbridge spokesperson Michael Barnes in a Friday statement said the company is confident in the thoroughness of the PSC’s permitting process.
“The February decision from the Michigan Court of Appeals affirmed the comprehensive and detailed work of the MPSC to approve the Great Lakes Tunnel Project,” Barnes said. “As we proceed with this modernization project, we remain committed to operating Line 5 responsibly with enhanced safety measures in the Straits that protect Michigan’s natural resources.”
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