Tribes in Michigan oppose Enbridge the Line 5 oil pipeline replacement plan, arguing the environmental risks to their traditional waters far outweigh any benefits. The proposal to replace the 70-year-old pipeline that currently runs through Michigan and Wisconsin has faced many legal challenges over the years. Now, the U.S. Supreme Court will decide whether the state or federal government should have say over how the project proceeds. The decision could set a precedent on how much power tribes and states have in regulating fossil fuel development. We’ll speak with tribal leaders, Native legal scholars, and others about what’s next for the ongoing Line 5 pipeline legal battle.

GUESTS

Wenona Singel (Little Traverse Bay Bands of Odawa), associate professor of law at Michigan State University College of Law and associate director of the Indigenous Law and Policy Center

Elizabeth Arbuckle (Bad River), chairwoman of the Bad River Tribe

Melissa Kay, Tribal Water Institute fellow at the Native American Rights Fund

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The full statement by Enbridge on the U.S. Supreme Court case:

We are encouraged that the U.S. Supreme Court has heard arguments and is reviewing the June 2024 decision of the Sixth Circuit Court of Appeals.

The Sixth Circuit’s ruling conflicts with decisions issued by two other federal Circuit Courts of Appeals, and the Supreme Court’s review will provide needed clarity by resolving that conflict.

For more than six years, the Attorney General has attempted to shut down Line 5 based on perceived safety concerns. However, the safety of Line 5 is regulated exclusively by the Pipeline and Hazardous Materials Safety Administration (PHMSA), an agency of the U.S. Department of Transportation. PHMSA conducts annual reviews of Line 5’s safety compliance across the Straits of Mackinac and has not identified any safety issues with its continued operation.

There are also significant implications for energy security and foreign affairs if the Attorney General continues to pursue the lawsuit now in state court.

We believe that federal law prohibits the Attorney General from shutting down Line 5. A shutdown of Line 5 would undermine the 1977 Transit Pipelines Treaty, which prohibits Michigan from impeding the operation of the pipeline. It would also undermine the legal doctrine that reserves foreign affairs matters for the federal government. The lawful operation of the Line 5 Dual Pipelines continues to be vital to provide needed petroleum products, including home heating and transportation fuels, to Michiganders, the Detroit Metro Airport, and the surrounding region.
We value our relationships with all the communities and community members in areas where Enbridge has assets. As we continue to move closer to construction on the Great Lakes Tunnel Project, we remain committed to including Tribes and Tribal citizens in this incredibly important and consequential project and welcome constructive dialogue and engagement.
Line 5 is critical energy infrastructure. The Great Lakes Tunnel makes a safe pipeline safer while also ensuring the continued safe, secure, and affordable delivery of essential energy to the Great Lakes region.