A federal judge on Wednesday blocked Michigan Gov. Gretchen Whitmer's attempt to shut down an aging oil pipeline running beneath a channel linking two of the Great Lakes, finding that only the federal government can regulate interstate pipeline safety.
Whitmer, a Democrat, ordered regulators in 2020 to revoke an easement allowing Enbridge Inc. to operate a 4.5-mile (6.4 km) pipeline segment under the Straits of Mackinac, connecting Lake Michigan and Lake Huron. This decision stemmed from concerns that the 72-year-old pipeline could rupture and trigger a catastrophic spill.
Enbridge responded with a federal lawsuit to thwart the revocation, and the pipeline continues its operations. The Trump administration also backed Enbridge, asserting that Whitmer's order conflicted with U.S. foreign energy policy and that only the federal government had jurisdiction over pipeline safety. The pipeline segment, known as Line 5, facilitates crude oil transportation between Superior, Wisconsin, and Sarnia, Ontario.
Judge Robert Jonker ruled that halting the easement would effectively terminate Line 5 and observed that Congress has explicitly prohibited states from regulating interstate pipeline safety under the Pipeline Safety Act of 1992. He emphasized that both the U.S. and Canada concur that Michigan's shutdown efforts could undermine their foreign policy and trade relations.
Jonker stated, An oil spill in Michigan's Great Lakes would undoubtedly be an environmental catastrophe. And Michigan would undoubtedly be the recipient of almost all the environmental damage that would result. But for better or worse, the national government has unequivocally decided to displace state power in this area and assume exclusive responsibility for interstate pipeline safety.
While Enbridge confirmed the pipeline's safety and highlighted how the ruling safeguards U.S. and Canadian energy interests, additional legal challenges continue to arise regarding Line 5 from various stakeholders, including environmental groups and local tribes.
