Whitmer Takes Legal Action To Shut Down Enbridge Line 5

MICHIGAN — Gov. Gretchen Whitmer and Department of Natural Resources Director Dan Eichinger on Firday notified Enbridge that the 1953 easement allowing it to operate dual pipelines in the Straits of Mackinac to transport petroleum and other products is being revoked and terminated.

Whitmer and Eichinger also filed a lawsuit asking the Ingham County Circuit Court to recognize the validity of the action. The state is revoking the easement for violation of the public trust doctrine, given the risk that continued operation of the dual pipelines poses to the Great Lakes. The state is terminating the easement based on Enbridge’s persistent and incurable violations of the easement’s terms and conditions, it said in a news release.

The notice requires Enbridge to cease operations of the dual pipelines in the Straits by May 2021.

“Here in Michigan, the Great Lakes define our borders, but they also define who we are as people," Whitmer said. "Enbridge has routinely refused to take action to protect our Great Lakes and the millions of Americans who depend on them for clean drinking water and good jobs. They have repeatedly violated the terms of the 1953 easement by ignoring structural problems that put our Great Lakes and our families at risk.

“Most importantly, Enbridge has imposed on the people of Michigan an unacceptable risk of a catastrophic oil spill in the Great Lakes that could devastate our economy and way of life. That’s why we’re taking action now, and why I will continue to hold accountable anyone who threatens our Great Lakes and fresh water.”

The Great Lakes are home to 21 percent of the world’s fresh surface water. They supply drinking water for 48 million people, including 5 million here in Michigan, and support 1.3 million jobs that generate $82 billion in wages annually across the U.S. In Michigan, the Great Lakes support over 350,000 jobs, the state said, warning that an oil spill in the Great Lakes would put families and small businesses across the region at risk.

“After spending more than 15 months reviewing Enbridge’s record over the last 67 years, it is abundantly clear that today’s action is necessary," Eichinger said. "Enbridge’s historic failures and current non-compliance present too great a risk to our Great Lakes and the people who depend upon them.

“Our number one priority is protecting the Great Lakes and we will continue to work with our partners across Michigan in pursuit of that objective.”

The state’s action Friday does not prevent Enbridge from continuing to seek the necessary legal approvals to construct a tunnel.