Great Lakes tribes appeal MPSC permit for Line 5 tunnel project

MACKINAC COUNTY, Mich. (WLUC) - Four Michigan tribes are appealing the Michigan Public Service Commission’s (MPSC) decision to allow Canadian Oil Company Enbridge to move forward with building of the Line 5 tunnel beneath the Straits of Mackinac.

The four tribes consist of the Bay Mills Indian Community, the Grand Traverse Band of Ottawa and Chippewa Indians, the Nottawaseppi Huron Band of the Potawatomi, and the Little Traverse Bay Bands of Odawa Indians.

Christopher Clark is an Earthjustice Senior Attorney and representative for the Bay Mills Indian Community. He says the tribes fear an oil spill would heavily affect the area, which has cultural and economic value to them.

“Over half of the house of the households of the Bay Mills Indian Community derive part or all of their income from commercial fishing,” Clark said.

Enbridge says the tunnel would contain oil leakage in the four-mile length. Following the Michigan Public Service Commission’s approval of the project a month ago, Enbridge had said it “remains steadfast in our plan to reduce emissions to net-zero by 2050 by investing in renewables, modernizing our networks, and transporting and delivering these energy resources safely.”

Clark says the tribe has worked with experts who disagree.

“In the contested case, we had a tunneling expert and a pipeline safety expert raise significant safety concerns about this tunnel,” Clark continued. “The concern is that there would be a leak of product within the enclosed tunnel that would create an explosive environment underneath the Straits of Mackinac, which just creates another risk of an oil spill. In essence, the tunnel is trading one set of risks for another.”

A permit from the U.S. Army Corps of Engineers is still needed for work to begin. Opening briefs for appeals will be submitted to the MPSC in early 2024.

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