Federal judge blocks Whitmer from shutting down submerged Great Lakes pipeline

FILE - An above-ground section of Enbridge's Line 5 is seen at the Mackinaw City, Mich., pump station, Oct. 7, 2016. Photo by John Flesher /APArticle contentA 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.Sign In or Create an AccountEmail AddressContinueor View more offersArticle contentWhitmer, a Democrat, ordered regulators in 2020 to revoke an easement that allows Enbridge Inc. to operate a 4.5-mile (6.4) kilometer 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.Article contentWe apologize, but this video has failed to load.Try refreshing your browser, ortap here to see other videos from our team.Article contentArticle contentEnbridge filed a federal lawsuit seeking to block the revocation and the pipeline continues to operate.

President Donald Trump’s administration argued in filings this year that Whitmer’s order interferes with U.S. foreign energy policy and that only the federal government, not the states, can regulate pipeline safety. The pipeline segment, known as Line 5, moves crude oil between Superior, Wisconsin, and Sarnia, Ontario.Article contentTop StoriesGet the latest headlines, breaking news and columns.There was an error, please provide a valid email address.Sign UpBy signing up you consent to receive the above newsletter from Postmedia Network Inc.Thanks for signing up!A welcome email is on its way. If you don't see it, please check your junk folder.The next issue of Top Stories will soon be in your inbox.We encountered an issue signing you up. Please try againInterested in more newsletters? Browse here.Article contentU.S.

District Judge Robert Jonker wrote in an opinion that revoking the easement would effectively shut down Line 5. He found that Congress expressly prohibited states from regulating interstate pipeline safety in the Pipeline Safety Act of 1992. He also noted that the United States and Canada agree that Michigan’s attempt to shut down the pipeline interferes with their federal foreign policy positions and trade relations.Article content“An oil spill in Michigan’s Great Lakes would undoubtedly be an environmental catastrophe. And Michigan would undoubtedly be the recipient of almost all the environmental damage that would result,” Jonker wrote. “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.”Article contentArticle contentA message seeking comment was left for a spokesperson for Michigan Attorney General Dana Nessel, whose office represented Whitmer’s administration in the lawsuit. A Whitmer spokesperson referred questions to Nessel.Article contentEnbridge issued a statement saying the line is safe and that Jonker’s ruling protects both the United States and Canada from “significant energy disruptions.”Article contentMultiple other legal challenges are swirling around Line 5 in Michigan and Wisconsin.Article contentNessel filed her own action in 2019 seeking to void the easement in the straits. The U.S. Supreme Court is currently weighing whether that case belongs in state or federal court. And a number of environmental groups and tribes have sued challenging state permits authorizing Enbridge’s plan to build a protective tunnel around the straits segment. That case is pending before the Michigan state Supreme Court.Article contentIn Wisconsin, a federal judge ruled in 2023 that Enbridge must remove a section of Line 5 that runs across the Bad River Band of Lake Superior Chippewa’s reservation. The company has proposed a 41-mile (66-kilometer) route around the reservation, but the tribe and environmentalists say construction could harm the environment and the new route would still leave the region vulnerable to a spill.Article contentThe Bad River has sued in state court seeking to void state permits for the project; that case is still pending. The tribe along with a number of environmental groups also is challenging the permits through the state’s contested case process, a proceeding similar to a lawsuit that will culminate with an administrative law judge’s ruling.Article contentThe tribe filed a federal lawsuit on Tuesday in Washington, D.C., challenging U.S. Army Corps of Engineer permits authorizing the reroute.Article content___Article contentAssociated Press writer Isabella Volmert in Lansing, Michigan, contributed to this report.Article contentTrending 'Why let one person in the States change your life?' For Canadian snowbirds, the stay or go dilemma gets complicated Real Estate Is a $2.75 million portfolio enough for Halifax empty nesters to retire early?

Personal Finance Expect 'dramatically higher' oil prices in 2026, says Eric Nuttall Oil & Gas Canada's population declines for the first time since the pandemic News World watches as Ottawa's bullish shift on LNG puts wind at the back of two major projects Oil & Gas Share this article in your social networkCommentsYou must be logged in to join the discussion or read more comments.Create an AccountSign in Join the Conversation Postmedia is committed to maintaining a lively but civil forum for discussion. Please keep comments relevant and respectful. Comments may take up to an hour to appear on the site. You will receive an email if there is a reply to your comment, an update to a thread you follow or if a user you follow comments. Visit our Community Guidelines for more information. 'Why let one person in the States change your life?' For Canadian snowbirds, the stay or go dilemma gets complicated Real Estate Is a $2.75 million portfolio enough for Halifax empty nesters to retire early?

Personal Finance Expect 'dramatically higher' oil prices in 2026, says Eric Nuttall Oil & Gas Canada's population declines for the first time since the pandemic News World watches as Ottawa's bullish shift on LNG puts wind at the back of two major projects Oil & Gas