Opponents of a project to build a tunnel to carry an oil and natural gas pipeline under the environmentally sensitive Straits of Mackinac said Thursday that their fight is not over, even though two state agencies issued permits for construction the day before.
The tunnel would aim to shield Enbridge's aging Line 5 pipeline from anchor strikes and other damage as it runs through the Straits.
The permit issued by the Michigan Department of Environment, Great Lakes, and Energy is a re-issue of a resource permit granted for the project five years ago, but that expired while legal fights played out.
The agency said it received over 70,000 public comments during a feedback period on the Great Lakes Tunnel Project. Environmentalists and tribal leaders feared the planned tunnel construction would cause irreparable harm to its surroundings.
“You have species that are on endangered species lists that can only co-exist in these areas that will be destroyed. These species are also cultural resources. They’re medicines that we harvest, that we use to heal ourselves,” Bay Mills Indian Community President Whitney Gravelle said during a press conference Thursday.
As part of its decision to re-grant the permit, EGLE acknowledged the project has risks and directed Enbridge to take care to avoid damaging wetlands and cultural resources. In a press release, the department said, “the review concluded that the public and private need for the proposed activity outweighed other public interest criteria.”
Supporters of the project argue it’s necessary to ensure certain fuel prices remain affordable in parts of the state that depend on energy sources like propane to heat their homes.
In a written statement, Enbridge spokesperson Ryan Duffy said this was an “important step” toward keeping energy flowing in Michigan.
“Enbridge continues to safely and reliably operate Line 5 under rigorous federal safety standards, supported by additional safeguards such as the Enbridge Straits Maritime Operations Center, which provides 24/7/365 monitoring of commercial vessel traffic in the Straits of Mackinac to help protect the pipeline until the tunnel is completed,” Duffy said.
But the EGLE permit, and a separate one granted by the Michigan Department of Natural Resources Wednesday as well, are far from the last steps to getting the tunnel started. Groups are already gearing up to fight EGLE’s decision.
David Gover is managing attorney with the Native American Rights Fund, a group working for the Bay Mills Indian Community. He said the group plans to appeal the EGLE permit in Michigan’s administrative court system.
“That would be what we call a contested case hearing. So, we have 60 days to file a petition after the permit is signed by both parties,” Gover said.
The tunnel also still needs to get through other steps, like another permit approval from EGLE, as well as a sign-off from the U.S. Army Corps of Engineers.
Plus, Michigan’s governor and attorney general are both in court trying to shut down Line 5 entirely. Those cases are based on the argument that the aging pipeline’s continued operation is a threat to public safety.
On Thursday’s press call, advocates said they had lost faith in Governor Gretchen Whitmer’s ability to handle her case.
Gravelle said the fact that state agencies under the governor’s control have now issued environmental permits for the tunnel project is troubling.
“You have half of the state arguing that Line 5 needs to be decommissioned and it violates the public trust, and on the other hand, you have the other half of the state capitulating and agreeing to the project. And that creates a complex legal argument now before the court,” Gravelle said.
Enbridge is among Michigan Public's corporate sponors.
