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Enbridge Energy plans to ask a federal judge to overturn Gov. Gretchen Whitmer’s order to shut down the controversial oil and natural gas liquids pipeline, Line 5.
“Enbridge is advancing its case in Federal Court and continues to vigorously defend the validity of the Line 5 easement in the Straits of Mackinac and its right to operate the pipeline,” said Enbridge spokesperson Ryan Duffy in a press release.
This week’s filing is essentially a notice to the judge and the state that they will seek the rejection of Whitmer’s decision to revoke the Line 5 easement to operate the pipeline in the Straits of Mackinac.
Currently, the Canadian company has until May 2021 to stop the flow of oil and natural gas through the pipeline. Whitmer announced the line’s closure in November following a review by the Michigan Department of Natural Resources of Enbridge’s compliance with the easement.
Part of the 645-mile pipeline, which runs from Wisconsin to Ontario, through Michigan’s two peninsulas, crosses the Straits of Mackinac. Built in 1953, the line has faced continued controversy and calls for its closure for years.
Enbridge argues in a court case that the Pipeline and Hazardous Materials Safety Administration (PHMSA), not the state, monitors and regulates pipelines across the United States, and the organization has said the pipelines are “fit for purpose. service”.
Enbridge argues in its motion that the state is falsely trying to take over the regulatory role of the PHMSA. But the PHMSA “is the sole entity responsible for uniform regulation of pipeline safety, and thus has expressly prevented states from imposing their own safety rules,” the file said.
Whitmer’s office did not immediately return a request for comment.
Enbridge had previously filed an injunction asking a federal judge to block Whitmer’s order to close the line. In a statement in response to the record, Whitmer said the legal challenge, “boldly challenges the people of Michigan and their right to protect the Great Lakes from a catastrophic oil spill.”
Despite the ongoing litigation, Enbridge is still working to replace part of the line and house that section in a multi-purpose tunnel buried under rock in the Strait, which is the subject of other ongoing litigation.
In the spring of 2018, a freighter dragged an anchor over the line and caused damage. No oil was spilled. However, Enbridge revealed last June that pipelines were struck again in 2019 by anchors or cables.
Environmental groups have long called for the easement to be revoked, but Enbridge has long maintained that the aging pipeline is safe.
Opponents of the line’s closure say it would cut off energy for Michigan residents, especially those on the Upper Peninsula. The line transports 22.68 million gallons per day of crude oil and natural gas liquids to later become propane. According to Enbridge, Line 5 resources provide 65% of the propane used in the Upper Peninsula.
More from MLive:
“The battle is not over. The fight to stop the oil pipeline has been going on for years
Line 5 tunnel law upheld by Michigan Court of Appeal
Line 5 opponents demand closure before tunnel hearing
State asks Enbridge to prove it can cover costs of spills
Enbridge Line 5 ordered to be closed by Michigan Governor Whitmer
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