A federal judge on Wednesday blocked Michigan Gov. Gretchen Whitmer’s attempt to shutdown an aging oil pipeline running beneath a channel linking two of the Great Lakes, determining exclusively that the federal government has authority to regulate interstate pipeline safety.
Whitmer ordered regulators to revoke an easement permitting Enbridge Inc. to operate a segment of the 4.5-mile Line 5 pipeline under the Straits of Mackinac in 2020 due to apprehensions that the 72-year-old pipeline could rupture, leading to immense ecological harm.
Enbridge then filed a federal lawsuit to halt the revocation; thus, the pipeline continues operations under a ruling from U.S. District Judge Robert Jonker. Trump's administration supported Enbridge's argument, asserting that state orders impede U.S. foreign energy policies. Line 5 is crucial for transferring crude oil between Wisconsin and Ontario.
In his opinion, Judge Jonker indicated that withholding the easement would effectively close down Line 5 and noted the 1992 Pipeline Safety Act prohibits state interference in interstate pipeline safety regulations. He also mentioned that both the U.S. and Canada agree that Michigan’s attempts may hinder their trade relations.
Despite acknowledging potential environmental risks, Jonker emphasized that national legislation has relocated power to the federal government in matters of pipeline safety.
Enbridge responded positively to the ruling, emphasizing that it safeguards against significant energy disruptions for both countries. Meanwhile, multiple legal actions regarding Line 5 are pending in Michigan and Wisconsin.
Attorney General Dana Nessel had previously sought to negate the easement as well, and the Michigan state Supreme Court is currently deliberating on various related challenges that dispute state permits for Enbridge's protective tunnel construction.
