Michigan Judge Orders Line 5 To Cease Operations

MICHIGAN — Ingham County Circuit Court Judge James S. Jamo on Thursday granted Attorney General Dana Nessel’s motion for a temporary restraining order requiring Enbridge Energy to cease all transport operations of its Line 5 twin pipelines, which carry crude oil and liquid natural gas in the Straits of Mackinac. The judge also ordered Line 5 disclose information in its possession related to the recent damage caused to the pipeline’s eastern segment.

Nessel filed motions for a temporary restraining order and preliminary injunction Monday after Enbridge’s disclosure late last week of significant damage to an anchor support on the east leg of the Line 5 pipelines. The motions were filed in the parties’ ongoing case, currently pending in Ingham County Circuit Court.

In a six-page order, the court granted Nessel's request and ordered that the east line of the pipeline remain shut down and that the west line, which is currently operating, be shut down as soon as possible. Both lines are to remain closed until a hearing on Nessel's motion for preliminary injunction is held on Tuesday.

“Enbridge has failed to provide the State with information about the cause of this significant development involving Line 5, and so I’m very grateful for the Court’s decision today,” Nessel said. “While the fact that Enbridge reactivated one of the lines before consulting with the State is concerning, the fact that the company has failed to disclose the cause of this damage is equally alarming, considering the impact a breach in the pipeline could have to our state residents and economy. With the continued operation of this pipeline, the risk of severe and lasting environmental damage to Michigan’s most important natural resource continues to grow every day.

"However, this ruling, while significant, is only a short-term fix," Nessel continued. "If the lines are put back into operation, one mismanaged incident or accident would result in a historic catastrophe for our state. Work must continue toward complete removal of Line 5 from our waters.”

Enbridge reported the pipeline damage to State officials on June 18, and shut down both east and west legs of Line 5 to inspect the damage. The company failed to immediately provide the state with information surrounding the incident – including the cause of the damage – as requested by Whitmer in a letter sent June 19, Nessel's office said.

Enbridge then unilaterally reactivated the west leg of the pipeline Saturday, without first providing the state with an opportunity to discuss it, according to Nessel.

On Thursday, Whitmer's office also issued a statement on the order.

“Governor Whitmer applauds the court’s decision to issue a temporary restraining order to shut down Line 5 immediately, following severe damage to an anchor support," the statement said. "Enbridge’s decision to continue pumping crude oil through the Straits of Mackinac with so many unanswered questions was reckless and unacceptable. Enbridge owes a duty to the people of Michigan and must answer to the state for how it treats our Great Lakes. The governor will continue working to keep our water safe.”