Michigan approves key permits for controversial Line 5 tunnel

The Michigan Department of Environment, Great Lakes, and Energy and the Michigan Department of Natural Resources issued permits last week for the Great Lakes Tunnel Project.

The proposed changes would move a section of the pipeline into a tunnel under the Straits of Mackinac, which is the 4-mile wide waterway connecting Lake Michigan and Lake Huron, dividing Michigan's Upper and Lower Peninsulas. The pipeline currently lies on the bottom of the Straits.

The transmission line is owned by Enbridge, a Canadian company, and goes 645 miles from Superior, Wis., through the Straits of Mackinac in Michigan to Sarnia, Ontario. The 73-year-old pipeline moves more than 500,000 barrels of oil and natural gas liquids daily.

EGLE’s approval comes after it conducted a 16-month review that included a public hearing, an information session and consideration of more than 70,000 public comments. The agency said the project met regulatory and statutory requirements, though it imposed some conditions.

“As a condition of the permit, Enbridge will be required to submit an improved wetland mitigation plan to address wetland impacts,” the environmental department said. “The permit also includes new conditions designed to mitigate impacts to cultural resources in the area.”

The Department of Natural Resource’s permit also imposed some conditions.

“The permit requires several measures by Enbridge to reduce impacts on rare plants and animals,” the DNR said.

The department was most concerned about Houghton’s goldenrod and dwarf lake iris, as well as several bat habitats in the area.

“After carefully weighing all the available data, the DNR agreed and concluded that the impacts at this site are unlikely to prevent the overall recovery of either plant species,” the department said.

These permit approvals represent a significant step forward for a project that has faced legal and regulatory disputes since it was first proposed in 2018.

Enbridge says moving forward with this project would make the pipeline safer and help ensure energy reliability for Michigan and the region.

The company told The Center Square in a statement that these permits were “an important step forward for a project designed to further protect the Great Lakes while helping ensure the uninterrupted flow of energy that supports Michigan and the region.”

“We are reviewing the new permit conditions issued today to assess any impacts on tunnel construction,” Enbridge added.

Multiple Native American tribal nations and climate groups have been challenging the project for years, joining Democrats in calling for the complete closure of Line 5. They criticized the permit approvals.

“The state of Michigan has betrayed us today, every swimmer, every boater, every fisher, every Tribal Nation, and every Michigander who loves these waters,” said Bay Mills Indian Community President Whitney Gravelle in a statement. “This decision is a deep betrayal of our Great Lake State, and we will confront it immediately, fiercely, and without hesitation.”

On the flip side, Republicans are applauding the issuing of the permits.

""Line 5 is a vital part of Michigan's energy infrastructure, particularly for Northern Michigan and the Upper Peninsula," said state Rep. Parker Fairbairn, R-Harbor Springs. "Moving this section of the pipeline into a tunnel hundreds of feet beneath the Straits significantly strengthens environmental protections while helping ensure Michigan homes, businesses and refineries continue to have access to reliable, affordable energy."

In the coming weeks, a decision is expected from Michigan’s Supreme Court over a separate state permit. Earthjustice, the nation’s largest nonprofit public interest environmental law organization, is litigating the case.

“Our environmental laws, the looming climate crisis, and simple common sense tells us that an oil pipeline doesn’t belong in the Great Lakes,” said Earthjustice Managing Attorney Debbie Chizewer.

She called the permit approvals a “setback,” but not the end of the story.

“We’re not giving up,” Chizewer said. “A future without oil in the Great Lakes is still possible.”