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Four Michigan Tribal Nations and environmental advocates have appealed to the Michigan Supreme Court, seeking to reverse a lower court's decision that supported the Michigan Public Service Commission's permit for the Line 5 tunnel project. This initiative by Enbridge aims to construct a massive tunnel to house a fossil fuel pipeline under the Great Lakes' Straits of Mackinac.
In 2023, the Michigan Public Service Commission approved this project, which allows the pipeline to operate for another 99 years. The decision has faced opposition from various groups. President Whitney Gravelle of the Bay Mills Indian Community claimed, "Even if the public has been misled into believing this tunnel project is safe, the truth is that it is not," pointing out Enbridge's history of environmental mishaps, including spills.
"The Straits of Mackinac are not just a waterway; they are the heart of creation for Anishinaabe people," stated Gravelle, emphasizing the cultural and environmental significance of the area. The community fears the potential devastation from a spill impacting the Great Lakes and their way of life.
Enbridge's plan includes running a hazardous pipeline through an underground tunnel, a strategy that experts warn could lead to disasters akin to previous oil spills in Michigan and Wisconsin. Adam Ratchenski, a Senior Associate at Earthjustice, criticized the Commission's approval, alleging a failure to adequately address the risks involved.
While the Michigan Commission has given its nod, Enbridge still requires further permits from federal bodies and state agencies. However, the urgency for approvals has raised concerns among tribal groups, especially with potential federal fast-tracking under the previous presidential administration, as noted by David L. Gover from the Native American Rights Fund.
The Grand Traverse Band of Ottawa and Chippewa Indians, Little Traverse Bay Band of Odawa Indians, and the Nottawaseppi Huron Band of the Potawatomi, along with environmental advocates like the Michigan Climate Action Network and Environmental Law & Policy Center, have joined the appeal. They argue the Court of Appeals' decision overlooked critical environmental assessments mandated by the Michigan Environmental Protection Act. For Love of Water (FLOW) also joined this legal battle, with Executive Director Liz Kirkwood emphasizing the state's responsibility to protect public waters.
"Michigan’s constitution and laws require agencies to protect the state’s natural resources," said Ratchenski. The appeal underscores a broader movement for accountability in resource management and tribal sovereignty against corporate interests in the region.
