Tribes and environmental orgs are asking the Court to overturn a state agency’s permit
Four Michigan Tribal Nations and environmental advocates yesterday asked the state Supreme Court to consider overturning a lower court decision that upheld the Michigan Public Service Commission’s permit for the Line 5 tunnel project.
In December 2023, Commissioners voted to approve Enbridge’s plans to build a massive and unprecedented tunnel project to house the Canadian fossil fuel pipeline, facilitating the flow of oil underneath the Straits of Mackinac in the Great Lakes for another 99 years. The Tribal Nations argue that decision violates the words and purpose of the Michigan Constitution and the Michigan Environmental Protection Act.
“Even if the public has been misled into believing this tunnel project is safe, the truth is that it is not,” said President Whitney Gravelle of the Bay Mills Indian Community. “Enbridge’s track record speaks for itself—catastrophic spills, environmental destruction, and a complete disregard for tribal sovereignty and the rights of future generations.”
“The Straits of Mackinac are not just a waterway; they are the heart of creation for Anishinaabe people and a vital source of life for all who depend on the Great Lakes. An oil spill here would be devastating, not only to our way of life but to the entire region,” said President Gravelle. “This fight is about more than just one pipeline—it’s about protecting our waters, our treaties, and our future. We cannot allow corporate interests to dictate the fate of the Great Lakes for another century.”
Enbridge’s proposal to run a hazardous liquids pipeline through a confined underground tunnel has never been attempted anywhere else in the world, and experts warn it could cause an explosion in the Straits. Enbridge is responsible for the million-gallon oil spill into the Kalamazoo River in 2010, and more recently for the largest oil spill recorded in Wisconsin history. Tribes and environmental groups challenged the Commission’s approval for the tunnel project before the Michigan Court of Appeals, which upheld the permit in February.
“Michigan’s constitution and laws require agencies to protect the state’s natural resources from pollution and destruction,” said Earthjustice Senior Associate Adam Ratchenski. “The Commission violated that requirement when it approved the fossil fuel tunnel project without properly considering the risk of oil spills.”
In addition to the Commission’s permit, Enbridge still needs a federal permit and a permit from Michigan’s Department of Environment, Great Lakes, and Energy to proceed. Two weeks ago, several Michigan Tribes withdrew their cooperation from a review process after learning that the US Army Corps of Engineers is likely to fast-track federal approval at the direction of President Trump.
“The federal government is bending over backwards to fast track required permits in support of a Canadian company’s fossil fuel project that provides minimal benefit to domestic energy production,” said Native American Rights Fund Staff Attorney David L. Gover. “But today, it’s up to Michigan’s courts and elected leadership to be responsible public stewards for clean water, for Tribal rights, and for every community along the Great Lakes.”
Alongside the Bay Mills Indian Community, Grand Traverse Band of Ottawa and Chippewa Indians, Little Traverse Bay Band of Odawa Indians, and Nottawaseppi Huron Band of the Potawatomi, who have lived on the lands of present-day Michigan since time immemorial, the Michigan Climate Action Network and Environmental Law & Policy Center are also asking the Supreme Court to accept this appeal. Along with the Tribal Groups, they contend that the Court of Appeals’ decision does not follow the Michigan Environmental Protection Act’s requirement of rigorous, independent determinations of all likely environmental effects of Enbridge’s proposed tunnel project. In a separate brief, For Love of Water (FLOW) is challenging the Court of Appeals’ decision for violating public trust obligations under common law.
“The state of Michigan and its agencies have a mandatory legal obligation to protect and preserve these waters for the public,” said Liz Kirkwood, executive director of FLOW. “We expect the Court to make sure the law is followed.”
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