Michigan Governor Gretchen Whitmer Vs Canada over Enbridge’s Line 5

Enbridge has hundreds of miles of pipeline connecting Canadian oil to Midwest America, but a 4.5 mile stretch of Line 5 under the Great Lakes is at the center of a legal fight with Michigan Governor Gretchen Whitmer.

The Washington Post:

The clash over Calgary-based Enbridge’s Line 5, which carries up to 540,000 barrels of crude oil and natural gas liquids across Michigan and under the Great Lakes each day, is placing stress on U.S.-Canada ties — and raising questions about how the close allies, which have expressed a desire to work together to fight climate change, can balance energy security with the transition to a clean-energy economy.

In a move applauded by environmentalists and Indigenous groups on both sides of the border, Michigan Gov. Gretchen Whitmer (D) in November ordered the firm to shut down the nearly 70-year-old lines by May 12.

Canadian officials, including Prime Minister Justin Trudeau, have appealed to their American counterparts, including President Biden, Secretary of State Antony Blinken and Energy Secretary Jennifer Granholm for help.

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Joe Comartin, Canada’s consul general in Detroit, said a shutdown would have “significant” impacts on both sides of the border. He predicted effects ranging from months-long propane shortages to higher costs for consumers to fuels being carried by rail, truck or boat — methods that he said are less emissions-friendly and more dangerous than a pipeline.

“It certainly strains our relationship,” he said, “and we’ve had a very long history of working closely together.”

One “irritant,” he said, is “the claim from the state that they are doing this to protect the Great Lakes, that they’re more interested in protecting the Great Lakes than we in Canada are. Basically, we reject that completely.”

Line 5, built in 1953, is part of Enbridge’s mainland system, which carries fuel from Alberta’s oil sands to the Midwestern United States and Eastern Canada. Running from Superior, Wis., to Sarnia, Ontario, it is a key conduit for refineries in those regions, which make gas, propane and home-heating oils, as well as jet fuels for airports in Toronto and Detroit.

For 4.5 miles under Michigan’s Straits of Mackinac, the waterway where Lake Huron meets Lake Michigan, Line 5 splits into dual pipelines..

Whitmer announced last fall that she was revoking the 1953 easement that allows the lines to cross the straits, citing the “unreasonable risk” that they pose to the Great Lakes and what she said were Enbridge’s “persistent” breaches of the easement’s terms.

The announcement listed several infractions, including failures to ensure that the lines are supported every 75 feet and that they’re covered by a coating to prevent erosion. It noted two incidents, in 2018 and 2019, in which the pipelines were struck and damaged by cables or anchors from boats.

The Mackinac Bridge spans the Straits of Mackinac from Mackinaw City, Mich., to St. Ignace, Mich. (Carlos Osorio/AP)
Enbridge is challenging the move in U.S. federal court. It has vowed to continue operating the pipeline beyond Whitmer’s deadline, absent a court order. The sides began mediation in April..

Environmental groups, more than a dozen state attorneys general and several Indigenous tribes filed friend-of-the-court briefs in support of the state’s argument that the matter should be decided by a Michigan state court.

“The Straits of Mackinac are a sacred wellspring of life and culture for Tribal Amici and other Indian Tribes in Michigan,” the tribes wrote in their brief. “An oil spill into those waters would be culturally, economically, spiritually and historically devastating.”

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Enbridge said the twin pipes under the straits are in good condition and “probably the most heavily monitored pipeline segments in the Enbridge system, if not the nation.”

“Line 5 is operating safely, reliably and is in compliance with the law,” said Tracie Kenyon, an Enbridge spokeswoman. “The State of Michigan has never presented any concrete evidence to suggest otherwise.”

In 2018, the company negotiated a deal with Michigan Gov. Rick Snyder (R) to rehouse the lines under the straits in a concrete tunnel.