A federal judge on Wednesday blocked Michigan Governor 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 that allows Enbridge Inc. to operate a 4.5-mile (6.4-kilometer) pipeline segment under the Straits of Mackinac, which link Lake Michigan and Lake Huron. This decision stemmed from concerns that the 72-year-old pipeline could rupture and lead to a catastrophic spill.
Enbridge filed a federal lawsuit to block the easement revocation, maintaining that the pipeline continues to operate. The Trump administration had also intervened, arguing that Whitmer’s directive interferes with U.S. energy policy and that pipeline safety regulation is under federal authority, not state jurisdiction.
U.S. District Judge Robert Jonker concluded that revoking the easement would effectively shut down Line 5 and highlighted the prohibition against state regulation of interstate pipeline safety established in the Pipeline Safety Act of 1992. He noted the implications for U.S.-Canada trade and foreign energy policy, emphasizing that the national government assumes exclusive responsibility in this area.
Jonker acknowledged the environmental risks, stating, “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.” Nonetheless, he emphasized federal supremacy in this matter.
Enbridge welcomed the ruling, asserting that it prevents significant energy disruptions for both the U.S. and Canada. In contrast, multiple other legal challenges concerning Line 5 are in progress within Michigan and Wisconsin. Michigan Attorney General Dana Nessel filed her own action in 2019 to void the easement.
Critically, the future of the Line 5 operations remains contentious, with ongoing litigation from various environmental groups and Indigenous tribes disputing state-issued permits and the overall safety of the pipeline.
