In brief
A U.S. District Judge has blocked Michigan Governor Gretchen Whitmer's 2020 order aimed at revoking the easement for Enbridge's Line 5 pipeline under the Straits of Mackinac, citing federal jurisdiction over interstate pipeline safety. The judge acknowledged environmental concerns but emphasized that only federal authorities can regulate such matters, reinforcing the pipeline's continued operation amid ongoing legal disputes and environmental challenges.
A federal judge on Wednesday blocked Michigan Gov. 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, a Democrat, ordered regulators in 2020 to revoke an easement that allows Enbridge Inc. to operate a 4.5-mile (6.4 km) pipeline segment under the Straits of Mackinac, which link Lake Michigan and Lake Huron. Whitmer made the move out of concern that the 72-year-old pipeline could rupture and cause a catastrophic spill.
Enbridge filed a federal lawsuit seeking to block the revocation and the pipeline continues to operate. The Trump administration argued in filings this year that Whitmer's order interferes with U.S. foreign energy policy and that only the federal government can regulate pipeline safety. The pipeline segment, known as Line 5, transports crude oil between Superior, Wisconsin, and Sarnia, Ontario.
U.S. District Judge Robert Jonker defended his decision by stating that revoking the easement would effectively shut down Line 5. The judge noted that Congress has explicitly prohibited states from regulating interstate pipeline safety under the Pipeline Safety Act of 1992, and emphasized agreements between the U.S. and Canada regarding the pipeline's operations.
“An oil spill in Michigan’s Great Lakes would undoubtedly be an environmental catastrophe. But 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,” he concluded.
Whitmer's administration, represented by Attorney General Dana Nessel, is currently considering its options following the ruling. Meanwhile, Enbridge claims the pipeline is safe and asserts that the ruling protects against significant energy disruptions.
Multiple legal challenges concerning Line 5 continue to unfold, with Nessel's own action pending to void the easement. The U.S. Supreme Court is currently deliberating whether related cases should be resolved in state or federal court, while various environmental groups and tribes are challenging state permits associated with pipeline projects.
