Michigan Governor Gretchen Whitmer. (Photo courtesy Michigan.gov)LANSING, Mich. -- Governor Whitmer today, Nov. 30, 2021, announced that the State of Michigan is shifting its legal strategy to give Michigan state courts the final say in protecting the Great Lakes by voluntarily dismissing the governor’s lawsuit against Enbridge in federal court. The governor’s goal remains protecting the Great Lakes, which means shutting down the Line 5 dual oil pipelines in the Straits of Mackinac as soon as possible. By clearing the way for the lawsuit filed by Attorney General Dana Nessel to go forward in Michigan state court, today’s action seeks to protect the Great Lakes and our state’s natural resources, which support 1.3 million jobs, including 350,000 jobs in Michigan, and generate $82 billion in wages annually.
"Today, I took further action to protect the Great Lakes from an oil spill and help us stay focused on getting the Line 5 dual oil pipelines out of the water as quickly as possible," said Governor Gretchen Whitmer. "While I respectfully disagree, the federal court has now decided to keep the lawsuit I filed in November 2020. I believe the people of Michigan, and our state courts, should have the final say on whether this oil company should continue pumping 23 million gallons of crude oil through the Straits of Mackinac every day. After today’s action, Attorney General Dana Nessel’s lawsuit, filed in June 2019, should now be able to move forward expeditiously in state court. Our goal here remains the same: protecting the Great Lakes, protecting Michigan jobs, and protecting Michigan’s economy."
Michigan DNR Director, National Wildlife Federation, League of Conservation Voters support Whitmer's action
"Michigan state courts should have the right to determine what happens in our Great Lakes," said Department of Natural Resources Director Dan Eichinger. "No oil company should be able to dictate to Michiganders what happens in our sovereign lands and waters. This dismissal ensures that the people of Michigan have a say in protecting our Great Lakes."
The National Wildlife Federation (NWF) has been calling attention to the dangers of a potential Line 5 oil spill since Enbridge's disastrous 2010 oil spill in the Kalamazoo River. On their Web site, the group states, "Line 5 is a ticking time bomb in our Great Lakes that is threatening to spill millions of gallons of oil into the largest freshwater lakes in the world, essential habitat for wildlife, and the foundation of local economies."
A National Wildlife Federation diver inspects Line 5 in 2013. (File photo courtesy National Wildlife Federation) NWF welcomed Gov. Whitmer's action today.
"The National Wildlife Federation strongly supports Governor Whitmer’s courageous and steadfast legal strategy to shut down Line 5 and protect Michigan’s interest in the Great Lakes from interference by a Canadian oil company," said Mike Shriberg, Regional Executive Director of the National Wildlife Federation's Great Lakes Regional Center. "Line 5 is an urgent threat to the Great Lakes and the Governor’s move to cut through Enbridge’s legal delay tactics is the best way to move forward toward what really matters: protecting the Great Lakes from a catastrophic oil spill."
The Michigan League of Conservation Voters, a non-partisan group lists protecting the Great Lakes as one of their priority issues. They applauded Governor Whitmer's legal decision today.
"The governor's action today is an important step to protect our Great Lakes from the ticking time bomb of a catastrophic oil spill by allowing the state’s strong legal case to move forward and shut down the dangerous, aging Line 5 pipelines in the Straits of Mackinac," said Lisa Wozniak, Executive Director of the Michigan League of Conservation Voters. "Governor Whitmer and Attorney General Nessel are again showing that they are dedicated to protecting our Great Lakes, the source of drinking water for millions and a critical driver of our economy."
Background
Line 5 is 68-year-old dual oil pipeline running along the bottom of the Straits of Mackinac with 23 million gallons of oil flowing through it every day. The governor and Department of Natural Resources Director Dan Eichinger issued a Notice of Revocation and Termination of Easement to Enbridge in November 2020 and filed in state court to enforce this action. Enbridge then removed the case to federal court. Although the state sought to return the case to state court, earlier this month, the federal court denied that request and decided to hear the case.
In June 2019, before the governor filed her lawsuit,
Attorney General Dana Nessel filed a separate lawsuit in state court to shut down the Line 5 dual pipelines that run through the Straits of Mackinac. The Attorney General’s lawsuit remains in state court, although the judge in that case has paused the lawsuit while the Governor’s lawsuit proceeded in federal court.
Inset photo: Michigan Attorney General Dana Nessel. (Photo courtesy Michigan.gov)
Today the governor filed a notice in federal court to voluntarily dismiss her lawsuit. The governor’s voluntary dismissal of her lawsuit should enable the Attorney General’s case to move forward in state court where this matter finally belongs and can move quickly to shut down the dual pipelines and protect the Great Lakes from a catastrophic oil spill. The Attorney General has taken the position that her lawsuit in state court should proceed. While the governor has taken action to reshape the state’s legal strategy, she is not withdrawing the Notice of Revocation and Termination of Easement, which she issued to Enbridge on November 13, 2020.
Today’s action does not impact Enbridge’s efforts to build a tunnel under the Straits of Mackinac.
Securing Michigan’s Energy Needs
To ensure Michigan’s energy needs are met, Governor Whitmer has been laser-focused on diversifying the state’s energy needs to ensure access to cheaper clean energy sources. Under Governor Whitmer's direction, the five-step MI Propane Security plan further ensures propane security for the residents of our state and businesses by:
- Protecting consumers from price gouging and by providing accessible heating assistance for families in need.
- Sending clear signals to encourage market participants to invest in the development of alternative propane sourcing options.
- Leveraging the tools of state government to encourage the development of alternative sourcing options.
- Monitoring propane supply and coordinating responses to potential disruptions with the energy industry.
- Maximizing propane efficiency while reducing energy costs in Michigan through efficiency, weatherization, and the transition to electrification and renewable energy.
Since early in 2019, the Whitmer Administration has been working with industry to preparing for and deploy alternatives to ensure energy security for both of Michigan's peninsulas in the event of a Line 5 closure.*
*Editor's Note:
See this April 19, 2020, article: "U.P. Energy Task Force submits propane recommendations to Gov. Whitmer."
UPDATE: See the Michigan Advance Nov. 30, 2021, updated article, "New: State shifts strategy on Line 5, drops federal case," with comments from Aaron Payment, chairman of the Sault Ste. Marie Tribe of Chippewa Indians, from Attorney General Dana Nessel, and from Enbridge.
