Search Results for: Line 5

If Line 5 Ruptures, Shut Mackinac Island Water System, Evacuate Everyone

Photo: Bryan Newland, chair of the Bay Mills Indian Community, addresses the 2019 Mackinac Island Community Forum.

By Jacob Wheeler

During conversations at a home on the West Bluff of Mackinac Island on Friday afternoon, July 19, summer resident Susan Lenfestey described what she had learned at a previous community meeting about the immediate consequences if Line 5 ruptured and an oil spill in the Straits of Mackinac.

The municipal water plant would have to be shut down immediately to prevent oil from getting into its pipes and filters, and an immediate and unprecedented evacuation of the island would ensue because of the oil flowing from the pipelines underwater west of the Mackinac Bridge.

The island’s residents, thousands of seasonal workers, and deluge of tourists would all need to flee for mainland Michigan. Soon, however, the oil would engulf Mackinac Island and stop all boat traffic, stranding passenger ferries from Shepler’s and Star Line in Mackinaw City and St. Ignace. Small aircraft landing on the island’s small strip would be the last resort for evacuating masses of people.

The cherished horses—an iconic presence and primary source of transport on this automobile-less island—would be left behind, at least initially.

“That really hit home when people realized what that would mean on a hot summer day, with thousands of tourists camped out in Marquette Park, not to mention no water for the approximately 500 horses on the island,” said Lenfestey. “A question followed about what would a spill would mean in the winter? How would there be a clean up under the ice?  The answer: ‘No idea.'”

Gasps were audible among those gathered, suggesting that some hadn’t fully considered the true magnitude of what a spill from Enbridge’s old and decaying pipes would mean for the island, which is adored not just by residents, but by people all over Michigan.

The Mackinac Islanders who earlier that day attended FLOW’s sixth annual Community Update on Line 5 at the local Community Hall were an economically and politically diverse crowd. What united them was a concern over Line 5, and a desire to learn from FLOW and tribal representatives, lawyers, and risk experts about this sunken hazard in the fragile Straits of Mackinac — and how we are pressuring the State of Michigan to restore the rule of law and shut down Line 5 before an oil spill happens. FLOW has been working with Mackinac Island residents for six years on this issue because they’re at the epicenter of the threat of a Line 5 oil spill.

Lenfestey credited FLOW for its rational, fact-based and evidence-based approach to fighting this battle.

This year’s Community Update featured a welcome by George Goodman, board chair of the Mackinac Island Community Foundation, which co-sponsored the event. The welcome was followed by an introduction by FLOW executive director Liz Kirkwood and a synopsis by FLOW founder and president Jim Olson of the legal fights playing out on multiple fronts. FLOW board member and international risk expert Rick Kane followed with a tutorial about the logistics and economics of oil pipelines, soundly debunking Enbridge’s falsehood that shutting down Line 5 would deprive Upper Peninsula residents of propane or Detroit Metro Airport of jet fuel). And Bryan Newland, chair of the Bay Mills Indian Community, delivered a rousing speech by about what Mackinac Island means, spiritually, ecologically, and legally, to Native peoples of the Great Lakes.

Newland describe the Anishinaabek story of the great flood over the earth and how the Creator then recreated land and put it on the back of a turtle. The Anishinaabek word for turtle is “Mackinac.”

“Right here on this island is where our story tells us this happened,” said Newland. “If the pipelines were to burst, if oil were to wash upon these shores, it would degrade the very place where we say that life was reborn.”

This year’s Line 5 Community Update was streamed live on FLOW’s Facebook page (watch a recorded version below). You can click here to view the slideshow presentation. And click here for our updated Line 5 fact sheet and new Key Facts list, with the most up-to-date information about Line 5, the proposed oil tunnel, and actions you can take to protect Mackinac Island and the Great Lakes from an oil spill.    

Attendees of the Community Update engaged the presenters with important questions such as whether Enbridge is “winning the PR campaign.” The Line 5 owner/operator is spending millions of dollars on an advertising and disinformation “Chicken Little” campaign around the state—from billboards in the Upper Peninsula, to full-page advertisements in regional newspapers, to the aforementioned, hyperbolic, oversimplified narrative that shutting down Line 5 would affect statewide fuel supplies.

In fact, 95 percent of the oil pumped through Line 5 flows through Michigan and back to Canada. Only 0.25 percent (that’s just one-quarter of 1 percent) becomes propane for the Upper Peninsula, which can be replaced by a few trucks or rail cars. When the pipeline shuts down, Detroit jets will still fly and refineries in Toledo, Ohio, will still exist. For more on that, check out our Fact Check: When Line 5 Shuts Down, Detroit Jets Will Still Fly and Union Refinery Jobs Will Still Exist.

And check out these videos by the Oil & Water Don’t Mix campaign that refute Enbridge’s wild claims that the Upper Peninsula will freeze without propane from Line 5 and that building a tunnel for Line 5 would protect the Great Lakes. 

“The world won’t end if Line 5 shuts down,” said Liz Kirkwood.

Kirkwood reminded the Mackinac Islanders that July 25 marks the nine-year anniversary of the Kalamazoo River oil spill when Enbridge’s Line 6B ruptured in southern Michigan.

FLOW’s gathering on Mackinac Island also took place one day before the 50th anniversary of the Apollo 11 mission landing on the moon.

“If we can put a man on the moon, we can certainly shut down an oil pipeline,” said Kirkwood. 

Jacob Wheeler is FLOW’s Communications Coordinator.

Attorney General Nessel, Governor Whitmer Take Bold Legal Actions to Shut Down Line 5 and Apply Rule of Law

Today represents a historic turning point for all Michiganders. Attorney General (AG) Dana Nessel took decisive legal action on Pipeline 5 in the Straits of Mackinac when she filed suit in Ingham County Circuit Court to revoke the 1953 Easement that conditionally authorized Enbridge to pump oil through twin pipelines.

Nessel’s lawsuit alleges that Enbridge’s continued operation of the Straits Pipelines violates the Public Trust Doctrine, is a common law public nuisance, and violates the Michigan Environmental Protection Act because it is likely to cause pollution, impairment, and destruction of water and other natural resources. Simultaneously, Governor Whitmer and the natural resources and environmental protection agencies have taken action through the AG to dismiss Enbridge’s June 6 lawsuit to defend the public’s rights and waters of the Great Lakes. 

“I have consistently stated that Enbridge’s pipelines in the Straits need to be shut down as soon as possible because they present an unacceptable risk to the Great Lakes,” said the Attorney General. “Governor Whitmer tried her best to reach an agreement that would remove the pipelines from the Straits on an expedited basis, but Enbridge walked away from negotiations and instead filed a lawsuit against the state. Once that occurred, there was no need for further delay.”

Gov. Gretchen Whitmer also ordered the Michigan Department of Natural Resources to review violations of the Line 5 easement. As the state’s top leader and public trustee, Whitmer has the express legal authority to revoke the easement to start decommissioning the pipeline.

“The governor’s primary goal has always been and remains to get the Line 5 dual pipelines out of the Straits of Mackinac as soon as possible,” said Whitmer’s press secretary Tiffany Brown today in a statement. “The risk of a catastrophic oil spill in the Great Lakes, and the harm that would follow to Michigan’s economy, tourism, and our way of life, is far too great to allow the pipelines to continue to operate indefinitely. As a recent National Transportation Safety Board report documented, any doubt as to the risk posed by Line 5 was erased in April 2018 when a barge dragging a 12,000-pound anchor nearly caused disaster.” 

FLOW (For Love of Water) commends Attorney General Nessel’s and Governor Whitmer’s legal actions against Enbridge. It’s about time Michigan’s government is standing up for our public waters — waters located in arguably the worst possible place in the Great Lakes for an oil spill to happen.

“Today, Attorney General Nessel returns Michigan and the protection of its citizens, taxpayers, and the Great Lakes to the rule of law,” said Jim Olson, president and founder of FLOW. “Governor Whitmer’s action on behalf of the state to nullify the lame-duck tunnel agreements also returns Michigan to the rule of law. They should be thanked. No, they should be applauded.”

Nessel’s move comes three weeks after Enbridge sued the State of Michigan on June 6 to claim its right to continue operating Line 5 and to build and operate a tunnel under the Great Lakes for the next 99 years. It comes just over six months after former Governor Snyder, former Attorney General Schuette and lawmakers gifted Enbridge a one-sided law and set of agreements during their last days in office that handed control of Great Lakes waters and soils beneath the Straits of Mackinac to a private Canadian company for its private gain.

Act 359 and the agreements during the 2018 lame-duck session were designed to allow Enbridge to continue the dangerous and unacceptably grave risks of a failing Line 5 design until the company builds a tunnel to lease for the next 99 years, with massive potential liabilities for the State and citizen taxpayers.

“The deal was approved by a lame-duck session law that was based on dubious constitutional and legal grounds, and sought to suspend the rule of law in Michigan, binding citizens and the state to the control of part of the Great Lakes for the next century,” said Olson. “The Snyder administration helped Enbridge run around our state constitution and evade the rule of law that protects the public’s ownership and rights in the Great Lakes.”

 

New year, new administration

After taking office on Jan. 1, Governor Whitmer’s first move was to direct Attorney General Nessel to examine the legality of the lame-duck tunnel deal. AG Nessel ruled in March that Act 359 violated Michigan law and openly violated the state constitution. Whitmer quickly ordered the executive branch to adhere to Nessel’s opinion, preventing the implementation by state agencies of the unlawful deal.

On June 6, Enbridge reacted by filing a lawsuit against the State in an attempt to resuscitate the lame-duck law and agreements, claiming easements and the right to continue using the existing Line 5 in the Straits indefinitely—or until it gets a 99-year tunnel and new pipeline to transport crude oil from Alberta and through Michigan into Ontario.

The Attorney General telegraphed her decision to stand with the Great Lakes. At the Mackinac Policy Conference in late May she told WWMT-TV in West Michigan, “I’m tired of it and we can’t have a private company be more important than the natural resources and residents of our state. They don’t own us, they don’t own the natural resources in this state and I think it’s time that we had elected leaders in office that recognize that.”

On the campaign trail in 2018, Nessel ran on a message to shut down Line 5.

“No state can cede the Great Lakes or soils under them to a person or private corporation,” said Olson. “These lakes and the soils under them are held in public trust for fishing, boating, drinking water, recreation, bathing, swimming for all citizens. This trust cannot be suspended by private agreements. The use of these trust waters and soils can only be authorized under law with transparent findings that there is no private deal or gain and no risk of impairment of current and future generations.”

 

Pure Michigan

Our freshwater seas are of paramount importance to Michiganders, and citizens throughout the Great Lakes basin. They uphold our economy and represent our very way of life. According to the Great Lakes Commission, Michigan has more than 3,000 miles of freshwater coastline and 11,000 inland lakes that provide residents, businesses, and visitors with access to nearly 20 percent of the world’s surface freshwater. More than 800,000 Michigan jobs and $62 billion in resulting annual wages are directly linked to the Great Lakes. 

An oil spill in the turbulent Straits of Mackinac between Lakes Michigan and Huron, where the currents create a washing machine effect, could jeopardize all that we are as Michiganders.

“This is a watershed moment in the battle to decommission Line 5, prevent a catastrophic oil spill, and protect the Great Lakes, an economic engine for our state and the source of drinking water for millions,” said FLOW executive director Liz Kirkwood.Attorney General Nessel and Governor Whitmer made strong campaign promises to shut down Line 5, and now our elected leaders are making good on their commitment to protect the Great Lakes.” 

Reactions from local leaders — both in city hall and in the private sector — were strong.

“Shutting down Line 5 is a priority to those in northern Michigan who rely on the economic benefits of the natural resources we have in our Great Lakes,” said Traverse City Mayor Jim Carruthers. “Our Attorney General is right for supporting the immediate shut down of this aging Enbridge Pipeline under our Straits, to ward off the devastating effects of a breach that will destroy all that is important to life ‘up north’. As the mayor of Traverse City, I wholeheartedly support these actions to protect the waters around my city for all to enjoy and benefit from.”

Business owners like Brian Schwartz of eightyfive MILES, a lifestyle apparel and accessory brand company, reflected on the economic value and significance of the Great Lakes.

“I am the owner of a Great Lakes’ inspired start-up and former hedge manager, and I don’t see Enbridge’s enthusiasm or desire to fund a $500 million tunnel project,” he said. “We believe it’s a faulty plan and the time is now to shut down Line 5. We support Attorney General Dana Nessel in the State’s battle to shut down this aging pipeline. Our company contributes a share of revenues to support Great Lakes’ conservation and it would be an ecological disaster and economic catastrophe to Michigan if the pipe were to burst. There’s no need to put the State’s livelihood and environment at risk.”

 

Deception campaign

“Despite the posturing and rhetoric of Enbridge’s media scheme, there are alternatives to the existing Line 5 that do not require a tunnel,” said Olson. “These include delivering propane for those pockets of customers in the Upper Peninsula, and the use of excess capacity in other Enbridge lines that run across southern Michigan and northern Indiana to Canada and Detroit. We don’t need a 99-year tunnel and pipeline in light of plummeting demand for crude oil as the world economy rapidly shifts to renewable energy.”

“The Enbridge lawsuit is a diversion from the reality that the 540,000 barrels of oil are pulsating through a 66-year old pipeline, which is peppered with design flaws, gouges, corrosion, and unavoidably threatened with another anchor strike at any time.”

Enbridge has failed to prove itself as a trustworthy and transparent partner. Time and time again, Enbridge has withheld information, attempting to hide Line 5’s design flaws, pipeline coating, cracks, gouges, corrosion, and the April 1, 2018 anchor strike that nearly caused a calamitous spill, anchor strikes, and more. Enbridge’s operational track record is dismal. Its Line 6B Kalamazoo River disaster in 2010, one of the largest inland oil spills in U.S. history, cost $1.3 billion in damages. Line 5 has suffered 33 known spills, leaking approximately 1.1 million gallons of oil into Michigan’s environment.

An increasingly desperate Enbridge is enlisting allies to engage in what can only be deemed a deceitful Chicken Little campaign. The Canadian company wildly alleges that “shutting down Line 5, even temporarily, would mean lost union jobs, refinery closures, gas price spikes and greater harm to the regional economy every year.” The campaign is designed to scare officials into giving the company what it wants — a 99-year lease to use the people’s waters and lakebed to transport refined dirty tar sands oil from western Canada primarily to Sarnia, Ontario.

Enbridge makes the absurd claim that the PBF refinery in Toledo, Ohio, would lose a thousand jobs if Line 5 is shut down. But that directly contradicts statements PBF says in its own investor filings, as well as reports from market analysts, emphasizing the refinery has several sources of supply and can adjust them depending on market conditions. PBF also claims that 40% of the jet fuel used at Detroit Metropolitan Airport comes from refined Line 5 petroleum. But PBF and the Marathon Detroit refineries appear to supply only about 9% of the jet fuel used at the airport each day. Alternative pipeline sources can more than make that up. Impacts of a Line 5 shutdown on Metro Airport jet fuel have never before been raised as an issue in the Line 5 debate or when Line 6B ruptured and closed in 2010. Its introduction at the 11th hour after more than five years of controversy over the fate of Line 5 is a transparent effort to alarm the public.

Enbridge has alternatives within its pipeline system to meet all of its and Michigan’s needs without using the Mackinac Straits and the Great Lakes. There are several good solutions to assure continued delivery of propane to rural areas in the Upper Peninsula. It may even save Enbridge and its shareholders from shouldering a future stranded asset, as the need for Alberta crude oil, including through Line 5, will plummet in the next decade with the rise of the new renewable energy economy backed by public demand.

Enbridge has a track record of misleading the public and governments about its performance, and its recent efforts are consistent with the company’s apparent philosophy of saying anything to keep Line 5 petroleum — and profits — flowing.

FLOW applauds Michigan’s top leaders — Gov. Whitmer and AG Nessel — for their leadership in defending the people’s rights and public waters of the Great Lakes.

Fact Check: When Line 5 Shuts Down, Detroit Jets Will Still Fly and Union Refinery Jobs Will Still Exist

As the time for the State of Michigan to take action on Line 5 at the Straits of Mackinac approaches, an increasingly desperate Enbridge is enlisting allies to engage in what can only be deemed a deceitful Chicken Little campaign. Behold, for example, Enbridge’s full-page advertisement Wednesday in the Traverse City Record-Eagle, which wildly alleges that “Shutting down Line 5, even temporarily, would mean lost union jobs, refinery closures, gas price spikes and greater harm to the regional economy every year.”

The campaign is designed to scare officials into giving the company what it wants — a 99-year lease to use the people’s waters and lakebed to transport dirty tar sands oil from western Canada primarily to Sarnia, Ontario.

The latest and one of the most outrageous fabrications regarding the impact of a Line 5 shutdown emerged last week from management of the PBF refinery in Toledo, Ohio. No doubt at Enbridge’s behest, PBF warned of a refinery shutdown and loss of a thousand jobs if the supply provided by Line 5 is no longer available. The Toledo refinery, PBF suggested, has no other source of petroleum.

This assertion is absurd on its face — What kind of refinery management would leave itself vulnerable by receiving crude from only one source? — but also directly contradicts statements PBF says in its own investor filings, as well as reports from market analysts. They emphasize the PBF refinery has several sources of supply and can adjust them depending on market conditions.

“The [PBF] refinery only processes light/medium and sweet crude and gets most of its WTI crude through pipeline from Canada, the mid-Continent, the Bakken region and the U.S. Gulf Coast,” an analyst says.  Another credits PBF with using “its complex crude processing capacity to source the lowest cost input.”  PBF says in its 2016 filing with the Securities and Exchange Commission that crude is delivered to its facility through three primary pipelines, Line 5 from the north, Capline from the south, and Mid-Valley from the south. Crude is also delivered to a nearby terminal by rail and from local sources by a truck to truck unloading facility in the refinery property.

The fact is that multiple alternative pipelines, rail and truck sources are and will be available to enable PBF to continue refining petroleum as it is today. No evidence points to job loss in Toledo from a Line 5 shutdown. And PBF itself said in a September 2017 news story challenging EPA regulations because of alleged job losses that the Toledo refinery employed 550, not 1,000 workers.

Exploiting worker and community fears with bogus claims is the latest in a series of unconscionable tactics deployed by Enbridge to pressure Michigan officials into letting the company occupy the Straits with its current antiquated pipeline and later, a tunnel under the lakebed.

In another last-gasp attempt to distort decision-making and alarm the public, PBF claims the (nonexistent) Toledo refinery shutdown will seriously impinge on the supply of jet fuel at Detroit Metropolitan Airport, driving up fares or reducing flights, or both. The claim is that 40% of the jet fuel used at the airport comes from refined Line 5 petroleum. But PBF and the Marathon Detroit refineries appear to supply only about 9% of the jet fuel used at the airport each day, and again alternative pipeline sources can more than make that up.

It is worth noting that impacts of a Line 5 shutdown on Metro Airport jet fuel have never before been raised as an issue in the Line 5 debate or when Line 6B ruptured and was closed down in 2010. Its introduction at the 11th hour after more than five years of controversy over the fate of Line 5 is a transparent effort to alarm the public with false information and bring pressure on state officials.

Enbridge has a track record of misleading the public and governments about its performance, and its recent efforts are consistent with the company’s apparent philosophy of saying anything to keep Line 5 petroleum — and profits — flowing.

 

Key Facts, in a Nutshell

 

Jobs, let’s talk jobs! 

Continuing to operate the decaying Line 5 risks jobs. Many jobs. Shutting down Line 5 will protect hundreds of thousands of jobs in Michigan’s tourism economy.

According to a FLOW report in May 2018, direct spending by tourists supports approximately 221,420 jobs, and the total tourism economy in 2016, including direct, indirect and induced impacts, supported 337,490 jobs—approximately 6.1% of total employment in Michigan.

 

Toledo PBF Refinery 

  • Enbridge’s and fossil-fuel industry allies have a track record of false and unsubstantiated claims and lack of transparency.
  • The numbers are inflated:
  • Enbridge and refineries and some politicians are misleading the public. They falsely claim that the 2 Toledo refineries and 1 Detroit refinery, and by extension the jobs there, are fully and wholly dependent on Line 5, including a large number of jobs at these refineries. The refineries supposedly affected are: Marathon – Detroit; BP-Husky-Toledo – which carries no Line 5 feedstock because it’s a tar sands refinery that takes feedstock from Line 78 (formerly Line 6B), and PBF-Toledo.  PBF states in its 2018 annual report for stockholders that it “processes a slate of light crude oils from Canada, the Mid-continent and the U.S. Gulf Coast.”
  • The refineries rely on multiple pipelines and suppliers, and they say so in writing.
  • Marathon refinery primarily uses dilbit, which Line 5 doesn’t currently carry.

 

Detroit Metro Airport

  • In a letter to Michigan Governor Gretchen Whitmer, Ohio Governor Mike DeWine claimed, “our refineries supply the majority of aviation fuels to Detroit Metro Airport” and asserted shutdown of Line 5 would lead to airline schedule disruptions.
  • But 2020 jet fuel consumption at Detroit Metro will total 1,658,000 gallons per day, according to a 2010 estimate by the airport. Based on numbers published by PBF, BP Husky and Marathon Refineries, Line 5 appears to supply only about 10% of the jet fuel at Detroit Metro Airport, not 40% as claimed by Ohio Gov. DeWine. Both Marathon and PBF have other crude oil sources, and therefore other pipelines could provide feedstock to satisfy regional jet fuel needs. Alternatively, other nearby refineries in Illinois, Indiana and Ohio could make up this shortfall.

 

Bottom lineShutting down Line 5 will protect hundreds of thousands of jobs. A Line 5 shutdown would not significantly impact jobs at Toledo refineries. There is absolutely no evidence that a shutdown would impair operations at Detroit Metro Airport.

 

Sources:

Marathon 2019 total capacity:  140,000 bpd https://www.marathonpetroleum.com/Operations/Refining/Detroit-Refinery/

Increase of Heavy Crude to 115,000 bpd https://www.myplainview.com/news/article/Marathon-refinery-seeks-support-for-second-8578737.php                           

https://www.ogj.com/general-interest/companies/article/17286350/marathon-to-upgrade-expand-detroit-refinery

BP Husky capacity and crude feed: https://www.hydrocarbons-technology.com/projects/bp-husky/

PBF Capacity: 170,000 bpd https://investors.pbfenergy.com/~/media/Files/P/PBF-Energy-IR-V2/documents/annual-reports-and-proxy/pbf-energy-2018-annual-report.pdf

PBF Truck terminal at Toledo:  22,500 bpd; https://www.pbflogistics.com/~/media/Files/P/PBF-Logistics-IR-V2/reports-and-presentations/20190514-pbfx-may.pdf (Appendix)

Jet Fuel Consumed per day at DTW: https://www.metroairport.com/sites/default/files/business_documents/masterplans_2009archive/04_-_demand_capacity_facility_requirements_2-16-10.pdf

 

An earlier version of this blog inadvertently reported that jet fuel consumption at Detroit Metro totals 1,658,000 barrels per day. 1,658,000 gallons is the correct amount.

Actress Amy Smart and writer and producer Geoff Johns urge Michigan Gov. Whitmer to protect our Great Lakes and shut down ‘Line 5

 


Actress Amy Smart and comic book writer, screenwriter, and film and television producer Geoff Johns urge Michigan Governor Gretchen Whitmer to protect our Great Lakes and shut down Enbridge’s Line 5 oil pipeline in the Straits of Mackinac, where Lake Michigan meets Lake Huron.


Amy: Hi, I’m Amy Smart.

Geoff: Hi, I’m Geoff Johns.

Amy: And we’re here to urge you, Governor Whitmer. We’re so excited that you are the governor of Michigan, and we’re so excited that you believe in the Great Lakes and keeping them clean. We both grew up — you grew up in Michigan.

Geoff: I grew up in Michigan. I have a lot of family still in Michigan. I love Michigan, and Michigan is known for its lakes. It’s the Great Lakes State, and there is nothing more important than those lakes to the whole state and the people in it.

Amy: Yes, nothing more important. I now am a resident of Michigan, and we really need your leadership more than anything to shut down Pipeline 5. It’s way too risky, and it would be completely catastrophic if anything happened, so it’s urgent right now that you do that. We also would highly recommend not letting Enbridge build a tunnel because we don’t need any oil problems in our lakes at all.

Geoff: We don’t want to risk it, and we know you’re in a really tough situation right now, but we ask you to please use your judgment and make the right call. Thank you!

Amy: Thank you!


Enbridge Attempts to Resuscitate a Terminally Flawed ‘Line 5’ Oil Tunnel Deal

By Jim Olson, FLOW President and Founder

The lawsuit filed by Enbridge in the Michigan Court of Claims on Thursday, June 6, is an attempt to resuscitate a Line 5 oil tunnel law and related agreements that are so riddled with entanglements by the former Governor Snyder Administration with Enbridge, a private corporation, that it cannot be upheld. Here’s why:

  1. The 2018 lame-duck oil tunnel law was a deceit on the public in violation of the state constitution.

The 2018 lame-duck oil tunnel law was a deceit on the public in violation of the state constitution because the title of the law represented the project would be entirely owned and controlled by the public. But when you read the law, it is a state deal or “partnership” with a private corporation primarily for the benefit of Enbridge.

  1. The tunnel and related agreements call for private occupancy and takeover of the public trust bottomlands.

The tunnel and related agreements call for private occupancy and takeover of the public trust bottomlands in the Straits of Mackinac by private easement and 99-year lease controlled by Enbridge.  

  1. The agreements and tunnel deal sought to suspend and waive the laws and constitution of Michigan.

The agreements and tunnel deal sought to suspend and waive the laws and constitution of Michigan that protect citizens, communities,  and our Great Lakes; a governor and private corporation can never enter into agreements that escape the rule of law.

  1. There are alternatives to the existing Line 5 that do not require a tunnel.

Despite the posturing and rhetoric of Enbridge’s media scheme, there are alternatives to the existing Line 5 that do not require a tunnel; these include delivering propane for those pockets of customers in the Upper Peninsula, the use of excess capacity in other Enbridge pipelines that run across southern Michigan and northern Indiana to Canada and Detroit, and lack of necessity for a 99-year tunnel and pipeline in light of plummeting demand for crude oil as the world economy rapidly shifts to renewable energy.

  1. This lawsuit is a diversion.

This lawsuit is a diversion from the reality that the 540,000 barrels of oil are pulsating through a 66-year old pipeline, which is peppered with design flaws, gouges, dents, and cracks, and unavoidably threatened with another anchor strike at any time.

Jim Olson, President and Founder

 


The Latest on ‘Line 5

By Liz Kirkwood

MACKINAC ISLAND, Michigan – The biggest news coming from the Mackinac Policy Conference held here this week wasn’t even listed on the official agenda. Instead, Michigan Attorney General Dana Nessel made headlines in interviews conducted on the margins of the main affair.

Nessel’s message: She intends ASAP to keep her campaign promise to shut down Line 5, the decaying oil pipelines underwater in the Straits of Mackinac, just west of the island the Mackinac Bridge. The danger is imminent. Her legal duty is clear. The Great Lakes belong to all of us, not a private Canadian oil pipeline company.

And by the end of June, absent a satisfactory agreement between Gov. Gretchen Whitmer and Line 5-owner Enbridge to decommission Line 5, the attorney general will take legal action. Her goal: halt the oil flow to protect the drinking water supply for Mackinac Island and half of all Michiganders and the lifeblood of the Pure Michigan tourist economy.

“How are we going to entice people to come here from other states with oil along hundreds and hundreds of miles of shoreline? With all due respect to Enbridge, this is a Canadian oil company. We utilize here, 5%, at very most 10% of the oil that goes through those pipelines but we take on all the risk,” said Nessel, in an interview with WWMT-TV in West Michigan.

“I’m tired of it and we can’t have a private company be more important than the natural resources and residents of our state. They don’t own us, they don’t own the natural resources in this state and I think it’s time that we had elected leaders in office that recognize that.”

It’s exactly the leadership Michigan needs to solve the environmental and existential threat posed by Line 5, while it continues to operate more than a decade past its life expectancy and pump whopping 80 percent more oil than the pipeline’s 1953 original design capacity. The majority of Michiganders, business leaders, environmentalists, and state and federal politicians all agree that Line 5 poses an unacceptable risk every day of operations, and that’s because Enbridge pumps up to 23 million gallons of oil through the heart of the Great Lakes, the worst possible place for an oil spill, according to a University of Michigan study. 

Enbridge is desperate to continue Line 5’s risky oil operations. Why? Because Line 5 continues to be a critical piece of Enbridge’s Canadian tar sands infrastructure, not Michigan’s.  Enbridge’s latest announcement is that the company thinks it could expedite completion of a tunnel by 2024 – by steamrolling through the environmental review process. But it’s 2019, and Michigan cannot lawfully waive environmental laws nor allow Enbridge to operate Line 5 for another five years, regardless of any proposed “safety measures” the company heralds.

Gov. Whitmer: Not Open to 5 More Years of Line 5 Risk

In response, Gov. Whitmer today declared the compressed 5-year timetable for opening the tunnel and shutting down the existing pipes in the Straits of Mackinac is not fast enough. “I think we’ve got a duty to get it out quicker than that, and I think that the attorney general feels the same way and that’s my goal,” Whitmer said.

What we do know is that Line 5 is a failing piece of oil infrastructure located in our Great Lakes and across 547 miles in Michigan where it endangers nearly 400 other water crossings.  And let’s not forget what Enbridge still does not know: the feasibility of constructing a tunnel through the unknown geology under the Straits for its oil transport operations, which it wants to run for the next 99 years despite global trends to decarbonize and address the climate crisis. 

The operation of the current 66-year-old pipelines must cease now based on the State of Michigan’s fiduciary duty under public trust law as held by the Supreme Court of the United States in the seminal 1892 case, Illinois Central Railroad v. Illinois: “The State can no more abdicate its trust over property in which the whole people are interested, like navigable waters and soils under them, so as to leave them entirely under the use and control of private parties.”

FLOW’s latest legal memorandum to the State of Michigan underscores this very point: the state cannot negotiate away its high, solemn, and perpetual legal duty by accommodating private interests that jeopardize waters, bottomlands, public trust, public property, private property, and public health of the citizens and tribes of Michigan.  Public trust law simply does not allow Enbridge to continue operations of Line 5 in the open waters of the Straits of Mackinac, while this Canadian company contemplates building a new oil tunnel under our Great Lakes.

Gov. Whitmer’s and A.G. Nessel’s legal duty, which aligns with the campaign pledges both made in their quest to gain office, is to shut down Line 5 and protect the Great Lakes, which define Michigan, drive our economy, and provide drinking water to half the state’s population.

Take Action: Click here to sign the petition calling on Michigan’s elected leaders to stop the Enbridge oil tunnel and shut down Line 5 to protect the Great Lakes, drinking water, and the Pure Michigan economy. The petition is sponsored by the Oil & Water Don’t Mix campaign, co-led by FLOW and other groups and tribes committed to protecting our freshwater and way of life from a disastrous oil spill.