On November 20, 2020, Michigan Gov. Gretchen Whitmer took legal action to revoke an easement granted to Enbridge Inc. “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,” says Gov. Whitmer in a statement. “They have repeatedly violated the terms of the 1953 easement by ignoring structural problems that put our Great Lakes and our families at risk.” (1)
Pipeline Shutdown To Protect Great Lakes
The flow of oil through about 4 miles of pipe must cease within 180 days of the notice. “…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,” says Whitmer. (1)
According to Canadian company Enbridge there is “no credible basis” for the lawsuit. “Line 5 remains safe, as envisioned by the 1953 Easement, and as recently validated by our federal safety regulator,” says Vern Yu, Enbridge President, liquids pipelines. (1)
Underwater Pipeline Shutdown
Known as the Lakehead network, the pipeline moves as much as 23 million gallons of oil a day. Oil travels through Superior, Wisconsin, and Sarnia in Canada across Michigan, and Wisconsin. The main issue surrounds an underwater section in the Straits of Mackinac. This pipe connecting Lake Huron and Lake Michigan, splits into two which environmentalists feel are vulnerable. (1)
However, the 20 inches of pipe are claimed to be in good condition without leaks according to Enbridge. (1)
Shutdown Fossil Fuels
Meanwhile, a group consisting of environmental activists, native tribes, and opposing elected officials continues to try to decommission Line 5. This is a busy area where commercial boats travel. Because of this Whitmer’s office feels the agreement should never have been made back in 1953. (1)
“Line 5 remains exposed to uncontrollable and powerful forces, including exceptionally strong currents, lakebed scouring, new anchor and cable strikes and corrosion,” says Liz Kirkwood of For Love of Water. As well, environmentalists support the shutdown to help rid the earth of climate-warming fossil fuels. (1)
Violation Of State Duty
In 2018 Enbridge struck an agreement with then Gov. Rick Snyder to replace the same portion with new pipe. The governor agreed to allow the company to drill a tunnel through bedrock lying beneath the straits. The project requires federal permits for the $500 million project. (1)
Despite the high shipping traffic lanes, the 1953 easement allowed the pipes to operate without protective covering. This violates the state’s duty to protect the waters in the interest of the public. According to the lawsuit, Enbridge repeatedly violated a requirement that the pipelines not exceed thresholds regarding pipe spacing and supports. However, Enbridge denies this. (1)
Jobs Versus The Environment
A dispute rages on between not only democrats and republicans of affected states but of many industry groups. “Today’s move would kill jobs and increase fuel costs,” says Geno Alessandrini of the Michigan Laborers Union, one of many criticizing Whitmer’s decision. “That’s the last thing Michigan needs as we work to overcome the coronavirus pandemic.” (1)
You’ve got Republican state Sen. Jim Stamas saying Whitmer sided with “environmental extremists” instead of “hardworking Northern Michigan families.” And Democratic U.S. Sen. Gary Peters, a member of the Senate committee that oversees the U.S. Pipeline and Hazardous Materials Safety Administration, saying he would work with officials “to swiftly evaluate alternatives to Line 5 while continuing to hold Enbridge accountable.” (1)
Past Pipeline Issues
There have been lots of issues with Enbridge’s pipes in the past including:
- 2010: one of Enbridge’s pipes spilled about 843,000 gallons of oil in the Kalamazoo River
- 2018: a commercial tug and barge dragged its anchor denting the pipes
- 2020: pipeline supports were damaged by boat cables
As well, according to Enbridge, they discovered gaps in protective coating and also had to install supports due to wide spaces of pipe and the lakebed opening due to erosion. (1)
Fish as well as hundreds of miles of beaches, dunes, and wetlands remain at risk should the pipelines leak any more oil according to a Michigan Technological University report. While one side feels the pipe is environmentally unfriendly, the other says shutting down the pipeline poses more threats due to increased use of rail and trucks. (1)
It will be interesting to see which side comes out the winner in this highly sensitive lawsuit.
