In brief
A federal court has ruled that Michigan Governor Gretchen Whitmer cannot shut down the Line 5 oil pipeline running under the Straits of Mackinac, affirming that only the federal government has the authority to regulate interstate pipeline safety. The pipeline poses potential environmental risks, but the ruling reflects federal interests over state authority in pipeline matters.
A federal judge ruled on Wednesday against Michigan Governor Gretchen Whitmer’s bid to revoke an easement for the Line 5 oil pipeline that runs beneath the Straits of Mackinac, a vital waterway connecting Lake Michigan and Lake Huron. The ruling underscored that the authority over interstate pipeline safety lies exclusively with the federal government.
Whitmer had expressed concerns about the 72-year-old pipeline's condition and potential environmental disasters stemming from a possible rupture. In 2020, the governor ordered state regulators to proceed with revoking the easement that currently allows Enbridge Inc. to operate the pipeline segment.
Enbridge responded with a federal lawsuit that kept the pipeline operational. The Trump administration backed Enbridge, claiming Whitmer’s action interfered with national energy policy, arguing that state regulation over pipeline safety is not permissible.
U.S. District Judge Robert Jonker's opinion indicated that shutting down the Line 5 pipeline would disrupt Congress’s mandate as delineated in the Pipeline Safety Act of 1992, which specifically denies states such authority. He also emphasized the arguments from both Canada and the United States that state-level intervention threatens international energy trade.
Judge Jonker acknowledged the environmental risks posed by the pipeline but stated, An oil spill in Michigan’s Great Lakes would undoubtedly be an environmental catastrophe. But for better or worse, the national government has unequivocally decided to displace state power.
The outcome has further ramifications, as legal challenges concerning the pipeline proliferate in both Michigan and Wisconsin. Environmental protection groups and tribal nations continue to contest ongoing state permits permitting new construction to span the area surrounding the pipeline, maintaining serious concerns regarding ecological safety and energy disruption.
