Line 5 Legal Timeline

 

• • September 11, 2026: Environmental Groups Launch Legal Challenge to Line 5 Permit

Four organizations, including MiCAN, filed a petition for a contested case to reverse EGLE’s Line 5 permits. Separately, four Michigan Tribal Nations filed a petition for a contested case on the same Water Resource Permit.

• August 25, 2026: Enbridge Spill in Wisconsin Nearly Doubles Total Spilled Over Pipeline’s Lifetime

Roughly 1.3 million gallons of hazardous natural gas liquids spilled from an aging Enbridge oil pipeline in northern Wisconsin.

• August 12, 2026: Army Corps Permit Approved

Shortly after the Michigan Supreme Court win, the U.S. Army Corps of Engineers approved their own permit of Enbridge’s Line 5 tunnel proposal.

• July 31, 2026: Michigan Supreme Court Sends the MPSC Permit Back For More Review

The Michigan Supreme Court made a 6-1 ruling that the MPSC review of Enbridge’s tunnel permit failed to adequately weigh the Great Lakes’ public trust protections and environmental impacts before approving Enbridge Energy’s proposed Line 5 tunnel. The case was sent back to the agency for further review of public trust and environmental impacts.

• July 15, 2026: EGLE Approves Enbridge’s Wastewater Permit

Whitmer’s administration caved to Big Oil and approved a key set of EGLE permits sought by Enbridge to build its risky Line 5 tunnel.

• April 22, 2026: U.S. Supreme Court rules Enbridge v. Nessel should head back to lower court

Enbridge waited nearly two years past the filing deadline to attempt to move the case to a federal court, one it perceived as more friendly to its interests. A win for Enbridge would’ve made it easier for fossil fuel companies to shop around for friendlier courts, and would have limited states’ ability to regulate fossil fuel projects. The Supreme Court of the United States, however, sent Enbridge back to state court, delivering a win for advocates and the attorney general.

• February 24, 2026: Oral Arguments at the U.S. Supreme Court

Advocates gathered at the U.S. Supreme Court to hear arguments in Enbridge v. Nessel, a case that Enbridge was attempting to move from state to federal court.

• November 14, 2025: Opening Brief Filed with the Michigan Supreme Court

The Environmental Law & Policy Center (ELPC), Michigan Climate Action Network (MiCAN), Bay Mills Indian Community, Little Traverse Bay Bands of Odawa Indians, Grand Traverse Band of Ottawa and Chippewa Indians, and the Nottawaseppi Huron Band of the Potawatomi filed their opening brief in the Michigan Supreme Court challenging Enbridge Energy’s efforts to build an oil pipeline tunnel beneath the Straits of Mackinac.

• October 4, 2025: Troubled Water Documentary Released Nationwide on PBS

PBS releases a documentary about two friends’ journey down the Lake Michigan coastline, highlighting the struggle to shut down Line 5. Watch ‘Troubled Water’ on demand or free via PBS online, the PBS app or see if you can catch it live on your local broadcast. You can follow this link to watch via PBS on your own schedule.

• September 5, 2025: Advocates Deliver Comments Opposing Line 5

In a historic moment, advocates collected 92,000 comments to the Department of Environment, Great Lakes, and Energy — as well as Governor Whitmer and EGLE Director Roos. “The thousands of comments submitted to EGLE this summer shows that Michiganders are fed up with the Enbridge tunnel scheme that will keep foreign oil profits flowing from its existing, 72-year-old pipeline through our Great Lakes,” said Sean McBrearty, campaign coordinator of the Oil and Water Don’t Mix Coalition.

• June 30, 2025: Environmental Groups Urge Climate Considerations to U.S. Army Corps of Engineers

The Michigan Climate Action Network (MiCAN) and the Environmental Law & Policy Center (ELPC) submitted comments to the U.S. Army Corps of Engineers, Detroit District, calling on the agency to include climate change and greenhouse gas (GHG) considerations in its Environmental Impact Statement (EIS) regarding the proposed Line 5 Tunnel Project under the Straits of Mackinac. Read more about it.

• April 3, 2025: Advocates Petition the Michigan Supreme Court

MiCAN, alongside Tribal Nations and environmental partners, officially petitioned the Michigan Supreme Court to review the Court of Appeals’ decision to uphold Enbridge’s Line 5 tunnel permit. The permitting process fundamentally failed to address critical risks such as the threat of oil spills, climate consequences, and the violation of Tribal sovereignty. This case challenges the Michigan Public Service Commission’s failure to uphold the Michigan Environmental Protection Act and the public trust doctrine, which requires the state to safeguard natural resources for the benefit of all. This is a defining moment in our legal strategy to protect the Great Lakes, our climate, and our collective future.

• March 18, 2025: 6th Circuit Court of Appeals Hears Arguments

The 6th Circuit Court heard oral arguments in the case of Enbridge v. Whitmer.

• March 3, 2025: Enbridge Applies for Wetlands Permit, Again

Enbridge re-applied for a wetlands permit, which MiCAN and ELPC opposed through comments we submitted. Enbridge failed to meet its burden to comply with Michigan law. The proposal calls for six years of intensive construction across 15 acres of interconnected wetlands, using a 24-foot tunnel boring machine to excavate a four-mile tunnel under the Straits and remove over 400,000 cubic yards of material. Enbridge has not addressed the project’s climate impacts, and EGLE has so far declined to require a complete analysis of alternatives.

• February 2025: The Michigan Climate Action Network Sends a Letter to Governor Whitmer

In light of the MCOA ruling, MiCAN delivered an appeal letter signed by 1,057 individuals and 49 organizations & businesses to Governor Whitmer. In the letter, groups ask for support in their effort challenging the pipeline.

• January 2025: Court of Appeals Denies Advocates’ Appeal

The court denied the appeal, but advocates vowed to fight on. See the MCOA Oral Arguments.

• December 1, 2023: Michigan Public Service Commission Moves Forward with Line 5 Tunnel

MPSC approved Enbridge’s tunnel project, despite overwhelming public opposition. MiCAN and environmental groups challenged the decision in the Michigan Court of Appeals.

• January 29, 2021: Original Wetlands and Bottomlands Permits for Line 5 Tunnel Issued

EGLE granted a set of permits for the tunnel, which the Bay Mills Indian Community challenged.

• November 13, 2020: Governor Whitmer Revokes Line 5’s Easement

Governor Gretchen Whitmer revoked Enbridge’s easement and ordered the shutdown of Line 5 due to its threat to the Great Lakes, the source of drinking water for over 40 million people. Enbridge continues to operate Line 5 in violation of this order.

• June 27, 2019: Lawsuit Filed After Anchor Strikes Pipeline

Michigan Attorney General Dana Nessel filed a lawsuit to shut down Line 5 after serious damage to an anchor support was discovered.