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Lansing Court of Appeals hears Line 5 tunnel project arguments

By Julia Seitz --

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LANSING, Mich. (WLUC) - The legal battle over the Line 5 tunnel project took a step forward in court on Tuesday.

Enbridge wants to build the tunnel for its oil and natural gas pipeline in the Straits of Mackinac. The Michigan Court of Appeals heard arguments in Lansing on the proposed Line 5 tunnel.

Among the Native American groups who oppose the project is the Bay Mills Indian Community. Attorney Adam Ratchenski represents these tribes. He says the project threatens Michigan’s environment and culture.

“These are likely impairments of this project,” Ratchenski said. “Line 5 has spilled 1.5 million gallons since it was constructed, and it’s likely it will continue to spill in the future.”

The Michigan Public Service Commission approved the permit for the tunnel in 2023. Enbridge Attorney John Bursch says opponents are attacking the entire 645-mile pipeline for an application that deals with a small portion.

“The commission correctly concluded that the conduct at issue is the safety upgrade; this 4-mile segment of the pipeline,” Bursch said. “So evidence regarding the pipeline as a whole is extraneous and legally irrelevant to answering that question.”

Attorney Mark Granzotto represented opponents concerned about greenhouse gases and says the commission also disregarded his clients' evidence.

“That there was long-term reduction in greenhouse gases if this project if the commission turned down this request,” Granzotto said.

Bursch says if the application was closed down, the line would continue to run on the lakebed despite the tunnel being safer. Still, he says the dual line is strong.

“Pipelines are not like our bones where after 75 or 100 years they get brittle and they’re prone to break,” Bursch said. “The pipeline on the bottom of the straits is as intact and operative as the day as it was installed.”

Tuesday’s hearing was a consolidation of eight different cases. No decision was made.

The attorney for the tribes urged the three presiding judges to consider more evidence before making a ruling. The tunnel project also still needs approval from the U.S. Army Corps of Engineers.

 

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This article first appeared at Upper Michigan Source.


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