If you have a breach in the water you simply scim it off the surface, collect it and use it. How is this new action different? With so many twists and turns in the Line 5 story, it’s hard to keep up with the legal filings and positions from Enbridge Energy Corp., various Michigan governmental agencies and groups trying to stop or keep the pipeline. And this is oil that’s coming in through Canada, traversing through Canada, through Wisconsin, through the Upper Peninsula, through the Straits, down through lower Michigan and over to Sarnia, Ontario. We remain committed to advancing The Great Lakes Tunnel that will contain a new section of pipeline to replace the Dual Pipelines. Gretchen Whitmer revoked Enbridge’s easement, PFAS News Roundup: PFAS exposure may affect COVID vaccine, NY bans PFAS in food packaging, Flint water settlement borrowing plan approved by lawmakers, Energy, Clean Energy, Ethanol and Fracking, With Line 5 closure, a ‘game of chicken’ over how to heat Upper Peninsula. Families and businesses in the Upper Peninsula rely on Line 5 to meet 65% of their propane … Well if you don’t have that pipeline in existence, are you still able to make that argument persuasively that you need a tunnel? Line 5 is part of Enbridge's Lakehead network, which carries oil from western Canada to refineries in the U.S. and Ontario. We will continue to focus on the safe operation of the dual Line 5 pipelines at the Straits of Mackinac, ensuring the Great Lakes are protected while also reliably delivering the energy that helps to fuel Michigan’s and the region’s economy,” Yu continued. Gretchen Whitmer’s quest to shut down the Line 5 petroleum pipeline. In a Dec. 3 letter to Gov. A court decision in Michigan could have major implications for the energy security of Ontario and Quebec. “Line 5 remains safe, as envisioned by the 1953 Easement, and as recently validated by our federal safety regulator. Copyright 2020 Scripps Media, Inc. All rights reserved. Enbridge's Line 5 has served Michiganders safely without incident at the Straits crossing for more than 65 years, over nine different State Administrations. In Any case tunnel, pipe in the water, or pipe over land, truck, or rail the risk is the same. They may argue they have a license to use this pipeline, and they may try to challenge the state’s action. Water and oil don’t mix and oil is lighter than water. Shutting down this infrastructure could cause the shutdown of refineries served by Line 5 … We’re talking hydrocarbons. Whitmer signed an executive order in 2019 creating the Upper Peninsula Energy Task Force. To contain and clean up oil from water is easier. Primarily light crude. Enbridge is currently seeking permit approval for the tunnel project and replacement pipeline which, upon completion, will make a safe Straits crossing even safer. Enzyms will eat the residual. And the state is arguing it’s an unacceptable risk and therefore this easement should be terminated. Line 5 is an essential source of energy for not only Michigan but for the entire region including Wisconsin, Indiana, Ohio, Pennsylvania, Ontario, and Quebec. Gretchen Whitmer's decision to shut down the Line 5 dual pipelines in the Straits of Mackinac. TRAVERSE CITY, Mich. — Enbridge responded Friday to Gov. There’re other legal theories that they may raise to try to slow down or stop this action. Ask the Great Lakes Now Team Your PFAS Question, Beneath the Surface: The Line 5 Pipeline in the Great Lakes, Michigan Gov. To travel through the state, make its way to refineries primarily in Sarnia, Ontario. NS: Yes, so what’s at issue here is something called the public trust doctrine. Its legal arguments in the case, similar to its arguments in previous lawsuits, hinge upon the PHMSA’s reliable green-lighting of Enbridge’s actions concerning Line 5. Enbridge Inc. has sued in federal court to halt Gov. Gretchen Whitmer revoked Enbridge’s easement for the pipeline and Attorney General Dana Nessel filed a lawsuit seeking to enforce it. Enbridge's Line 5 has served Michiganders safely without incident at the Straits crossing for more than 65 years, over nine different State Administrations. Our focus remains on protecting the Great Lakes, the environment and all the people who use these waters while delivering energy that people rely on daily. That’s six months away, that’s a long time in today’s world. It carries synthetic crude, natural … Wisconsin receives no benefit from the pipeline but is subject to a lot of risk. Participants who wish to speak will have three minutes to comment. Enbridge’s Line 5 pipeline has been operating for over 65 years. As Enbridge Energy started construction this week on one pipeline in Minnesota, it was receiving support from a coalition of union trades groups for its plans to rebuild part of its Line 5 natural gas line in northern Wisconsin. I imagine Enbridge may also try and raise some other legal claims. The DNR rejected Enbridge’s offer to allow technical experts to discuss any questions or clarifications related to its review. SS: Who else is in favor of the pipeline? But last week Michigan Gov. Enbridge said that grief counseling is being made available for workers. Now all of that permitting process continues. December 7, 2020, 1:00 – 4:00 PM, EST. Enbridge Energy has filed a federal lawsuit against the State of Michigan, asking the courts to prevent the state from shutting down the Line 5 … Enbridge’s Line 5 pipeline runs under the Straits of Mackinac. Line 5 is particularly notable for passing under the environmentally sensitive Straits of Mackinac, which connect Lake Michigan to Lake Huron. Your email address will not be published. Enbridge said it is confident Line 5 continues to operate safely and “there is no credible basis for terminating” the easement. According to Enbridge vice president and president of liquids pipelines, Vern Yu, Line 5 is still very viable. The state’s also alleging that ongoing operation of this pipeline, which the state is alleging is in violation of this easement, puts our public trust resources, puts the Great Lakes at risk. SS: We did reach out to Enbridge to have someone interviewed on this program. The pipeline provides communities across the Midwest with light oil and natural gas needed to heat homes, fuel vehicles, and power businesses and industries. Required fields are marked *. I would prefer a stainless steel flex pipe with a ancor proof angle over top. What is Enbridge Line 5? GLN Editor’s Note: Great Lakes Now produced a half-hour documentary called “Beneath the Surface” in 2019. We did not hear back in time before this taping, but we do have their statement. Or like a property interest, they have a license to use this pipeline. There are some interests in Toledo, Ohio, actually, a refinery in Toledo that use some of the products this pipeline carries. Remind us what’s in the pipeline and how it’s affecting people in their everyday lives in Michigan and beyond. SS: And is any of this impacting the plan to build a tunnel under the Straits to replace this aging pipeline? Enbridge Energy is suing the State of Michigan in federal court in hopes of thwarting Michigan Gov. The Rebound West Michigan: State of Education, Excellence in Education Award Nominations. That is when Embridge first saw an easement from the state of Michigan and actually placed the pipelines into the water. Last week, a Michigan judge ordered the temporary shutdown of Enbridge’s Line 5 oil pipeline that runs from Superior, Wisconsin to refineries in Sarnia, Ontario.. Shutting down Line 5 has serious … That’s a concern that’s often been raised. Enbridge has warned that a Line 5 shutdown would threaten Michigan’s energy security, particularly for Upper Peninsula residents who rely upon propane from Line 5 to heat their homes. (Image from One Detroit). The Company Enbridge is required to have a plan in place to act expedisiosly to identify and contain a spill in either case. SS: Is this a different kind of legal authority that the governor and the attorney general are invoking to try to have this shut down in six months? Let me Begin by saying I have a great deal of knowledge in issues related to EPA guidelines. NS: It’s really interesting. There are some other liquid gases that are carried in this pipeline, and some of that is diverted in the Upper Peninsula and to be used for propane, for heating homes and that kind of thing. Several construction unions, along with the business lobby Wisconsin Manufacturers and … Here is an edited transcript of the Schroeck-Svoboda conversation: Sandra Svoboda: We’ve seen so many things happen with Enbridge Line 5. You have to burn the dirt to remeadiate it from contaminating the aquifer. This material may not be published, broadcast, rewritten, or redistributed. You have the ongoing permitting processes in place related to the tunnel, which would house potentially a new pipeline going through the Straits of Mackinac. What’s the difference if you have a breach in the water or on the ground soil. You can watch that film HERE. Since then in early 2018, there was actually an anchor strike that struck the … Both sides in a multi-year battle over the future of Enbridge's Line 5 faced off during an online public hearing before officials with the Army Corps of Engineers. But in the following conversation, attorney Nick Schroeck, who is the director of the environmental law clinic at University of Detroit Mercy, and Great Lakes Now Program Director Sandra Svoboda have this update about the latest legal actions and a refresher about what the pipeline is all about. Public Hearing - Enbridge Line 5 Tunnel. The tunnel proposed is an expensive but positive way to work toward protecting the resources. LRE-2010-00463-56-A19. In developing its report, the Michigan Department of Natural Resources (DNR) chose to conduct its assessment of Easement compliance in a non-public manner. So certainly people in the Upper Peninsula think that’s a major concern. So Enbridge line five, the dual pipelines that run beneath the straits of Mackinac have actually been in existence since 1953. Enbridge’s Line 5 is a 645-mile, 30-inch-diameter pipeline that travels through Michigan’s Upper and Lower Peninsulas, originating in Superior, Wisconsin, and terminating in Sarnia, Ontario, Canada. Enbridge in Michigan Line 5 helps heat Michigan homes, schools, hospitals and businesses, fuels vehicles, and powers industry by safely and reliably transporting light crude oil, light synthetic crude oil and natural gas liquids (NGL). Plains Midstream Canada ULC (Plains) recently interceded on behalf of Enbridge, underscoring the significance of the Line 5 pipeline to the Plains workforce and operations, specifically in Michigan. But as far as we know right now, the Michigan Environment, Great Lakes, and Energy department as well as U.S. Army Corps of Engineers that also has jurisdiction over Great Lakes bottomlands, they continue working forward through the permitting process as if a tunnel will be built in the future. This failure to engage reflects a lack of understanding or worse, a continued failure to meet the State’s commitments under the 2018 Second Agreement between the State of Michigan and Enbridge, which contemplates periodic meetings on pipeline issues to avoid just this kind of situation. On Tuesday, Enbridge filed suit in Federal court in order to keep their pipeline in the Straits of Mackinac, known as Line 5, open. Nick Schroeck: It’s different because this is specifically related to the easement, the easement that the state initially granted back in 1953 for the pipeline. Certainly there will be litigation there in Ingham County Circuit Court. The Michigan Department of Natural Resources and the governor are contending that public trust considerations were not made and, in fact, the easement should not have been granted back then in 1953. But really, I think, the state is hoping to have legal actions based on this easement and Enbridge’s performance based on this easement. Gretchen Whitmer is moving to shut down Line 5 by revoking and ending a 1953 easement that allows Enbridge Energy to run the dual pipeline through the Straits of Mackinac. There maybe other ideas . That’s the ground the state wants to be arguing on, so it will be interesting to see what additional legal claims or other lawsuits are filed by Enbridge to try and either slow down or perhaps stop the state from being able to take this action. Enbridge filed a federal lawsuit soon thereafter to battle the order and keep the pipeline flowing. The company says it is confident that Line 5 continues to operate safely, and there is "no credible basis" for shutting it down. Enbridge Line 5 Tunnel File No. The Canadian company, Enbridge, owns the miles of pipeline below the Straits of Mackinac that carry oil, natural gas and other materials through the waters of the Great Lakes. Otherwise the vast majority of this crude oil makes its way to Canada to be refined and turned into gasoline and other oil-based products. Energizing Michigan since 1953. Legal Translation: Environmental attorney explains the latest on Enbridge Line 5 news. NS: Primarily it’s oil. Enbridge remains confident that Line 5 continues to operate safely and that there is no credible basis for terminating the 1953 Easement allowing the Dual Line 5 Pipelines to cross the Straits of Mackinac. Save my name, email, and website in this browser for the next time I comment. Enbridge Application for Line 5. SS: What can happen between now and May? “Line 5 remains safe, as envisioned by the 1953 Easement, and as recently validated by our federal safety regulator,” which according to the Detroit Free press is the Pipeline and Hazardous Materials Safety … I should note that there is a way to get propane to other folks by rail or truck or creating a new pipeline for that concern. Enbridge received notice from the governor's legal counsel Friday afternoon and is reviewing the document. What Michigan’s move to shut down Enbridge Line 5 means, Governor Whitmer takes legal action to force shut down of Enbridge’s Line 5, Michigan Governor seeks shutdown of Great Lakes oil pipeline. This is a question over whether or not Enbridge has been operating this pipeline legally in accordance with that easement. As Enbridge plans to replace the pipeline with a tunnel under the lake bottom, a permitting process is currently underway aiming at the tunnel’s operation within a decade. Dear Editor: Enbridge Line 5, a 67-year-old Canadian oil pipeline, starts in Superior, and traverses east using the upper Great Lake states for a shortcut to its destination in Sarnia, Ontario. We’ve certainly heard from environmental groups that are hailing this order to have it shut down in six months, but who’s benefitting from it, what are the economics and the benefits to other groups? This is a fundamental issue about the ability of this pipeline to continue its operations there along the Straits of Mackinac. Participants may join the hearing using both audio and web connections or using audio only. Products moved on Line 5 heat homes and businesses, fuel vehicles, and power industry in the state … So primarily the use of this pipeline is really just to go through Michigan, right? The company has also said a Line 5 shutdown would increase fuel prices and harm Southeast Michigan and Ohio … Enbridge’s Line 5 is a 645-mile petroleum pipeline that is part of the larger Enbridge Lakehead System. NS: The same day that the governor announced the termination of this easement, the attorney general, Dana Nessel, also filed a lawsuit in Ingham County Circuit Court seeking what’s a called a declaratory judgement. But primarily this is a Canadian company using this pipeline to transport its product to Canada through Michigan. Enbridge says shutting down Line 5 will disrupt propane supply to the Upper Peninsula, where the fuel is relied upon for residential heating. However if the pipeline is shut down, one of the arguments to have the tunnel is that Enbridge needs it as a necessity to continue to transport oil through the Straits of Mackinac. With today’s actions by the Governor and Attorney General based on historical Line 5 compliance, Enbridge finally will have an opportunity to review the DNR’s analysis and provide a thorough response through the legal process. The proposed tunnel would house the replacement segment for the Line 5 petroleum pipeline that sits on the bottom … Any disruption would have devastating consequences. And so what the state is invoking here when looking at this easement with Enbridge is whether the public trust doctrine was considered in 1953 when the original easement was granted. This is why people sometimes call the pipeline system the “dual” or “twin” pipelines. They start underground onshore, taper deep underwater and cross the Straits for 4.5 miles. NS: I mentioned the petroleum products that are actually diverted for heating and liquid petroleum in the Upper Peninsula. I would rather clean up a breach in the water than in the soil. Lansing — Gov. According to Enbridge, Line 5′s resources supplies 65% of the propane used in the Upper Peninsula. With so many twists and turns in the Line 5 story, it’s hard to keep up with the legal filings and positions from Enbridge Energy Corp., various Michigan governmental agencies and groups trying to stop or keep the pipeline. As of December 2013, the line carries 540,000 barrels (86,000 m ) of oil per day. Enbridge's Line 5 has served Michiganders safely without incident at the Straits crossing for more than 65 years, over nine different State Administrations. Attorney Nick Schroeck and Great Lakes Now Program Director Sandra Svoboda chat about the latest on Line 5. “This notice and the report from Michigan Department of Natural Resources are a distraction from the fundamental facts,” said Vern Yu, Executive Vice President and President, Liquids Pipelines. We should task our engineering schools such as Michigan Tech to come up with answers, we secure Federal funding for these schools, we should require that they become engaged in our needs. Enbridge said, in part: “We will continue to focus on the safe operation of the dual Line 5 pipelines at the Straits of Mackinac, ensuring the Great Lakes are protected while also reliably delivering the energy that helps to fuel Michigan’s and the region’s economy.”. This is different than maybe a permitting fight or something like that. As it travels under the Straits of Mackinac, Line 5 diverges into two, 20-inch-diameter, parallel pipelines. SS: Let’s talk about that risk for a moment. What should we look for maybe in a legal fight or otherwise with this new order and Enbridge? The Canadian company’s filing in the U.S. District Court for the Western District of Michigan seeks an injunction against Whitmer’s shutdown orders. On April 17, 2020, Enbridge Energy, Limited Partnership (Enbridge) filed an application with the Michigan Public Service Commission (MPSC or Commission) pursuant to Public Act 16 of 1929, MCL 483.1 et seq, also referred to as Act 16, requesting authority to replace and relocate the segment of Line 5 … Enbridge Line 5 is a major oil pipeline in the Enbridge Lakehead System, which conveys petroleum from western Canada to eastern Canada via the Great Lakes states. Whitmer, Plains shared that Line 5 supplies all the feedstock or raw material to Plains’ … What that means, that’s legal speak, saying that the court would actually agree with the state’s interpretation and agree that this easement should be revoked or otherwise terminated. It’s also easier to isolate. Enbridge received the notice from the Governor’s chief legal counsel this afternoon and is reviewing the document. Enbridge files federal challenge to Whitmer’s Line 5 … The state is in charge of our Great Lakes bottomlands, and the protector of our Great Lakes bottomlands has authority over that submerged ground under the Straits of Mackinac. If this pipeline was shut down, what will that mean for people, homeowners in the Upper Peninsula that rely on that fuel source? Line 5 Tunnel Project Proposal Enbridge Energy Limited Partnership is seeking approval to build a utility tunnel and to replace and relocate the portion of the Line 5 pipeline that runs beneath the Straits of Mackinac. Your email address will not be published. Line 5 carries oil from Superior, Wisconsin, across Michigan’s Upper Peninsula, through northern Michigan, down to the thumb region, and under the St. Clair River to Sarnia, Ontario. 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