Enbridge continues to operate Line 5 in direct violation of Governor Gretchen Whitmer’s lawful shutdown order, with the Canadian pipeline company claiming that “shutting down Line 5 even temporarily, would have immediate and severe consequences on the economies of Michigan, Ohio, Ontario, and elsewhere.”
“Pervasive organizational failures at Enbridge” caused one of the nation’s largest inland oil spills in July 2010 when its Line 6B pipeline burst near Marshall, Michigan, and for 17 hours dumped 1.2 million gallons of heavy tar sands oil into the Kalamazoo River watershed. It took four years and over $1.2 billion to clean it up to the extent possible.
Enbridge Line 6B was 41 years old when it failed; Enbridge Line 5 is 68 years old and counting.
Story published May 24, 2021. UPDATED June 2, 2021
Editor’s note: This article has been updated to reflect Enbridge’s 2020 Securities and Exchange Commission (SEC) filings
By FLOW staff
Gov. Gretchen Whitmer and the State of Michigan have taken legal action to shut down Line 5 in the Straits of Mackinac to prevent a catastrophic oil spill in the Great Lakes from the dangerous and decaying, 68-year-old pipeline. Meanwhile, Line 5-owner Enbridge and its enablers continue to engage in a Chicken Little “sky is falling” campaign, with the Canadian company claiming that, “shutting down Line 5 would cause shortages of crude oil for refineries in Michigan, Ohio, Pennsylvania and eastern Canada, as well as propane shortages in northern Michigan. Enbridge also alleges a Line 5 shutdown would boost shipments of oil by rail or trucks, without providing any evidence.
Enbridge’s misinformation campaign has been building for a few years, for example, conspiring with DTE and others in 2020 to oppose electrification, renewable energy, and climate change mitigation measures.
In fact, none of Enbridge’s predictions of an energy shortage materialized when both legs of the dual Line 5 pipelines in the Straits were shut down for more than a week in June 2020 and one leg remained closed until about mid-September following damage that the U.S. Coast Guard said likely was caused by an Enbridge-contracted vessel. Research conducted by former Dow Chemical engineer Gary Street found that gasoline prices and supply were unaffected in Michigan and Canada after more than 50 days of a court-ordered Line 5 shutdown in the summer of 2020.
The research results are consistent with these studies forecasting little, if any, change in energy costs after Line 5 shuts down for good:
The shutdown of Line 5 won’t lead to fuel shortfalls because available capacity and flexibility to meet energy demand in the Great Lakes region already exists in the North American energy pipeline system operated by Enbridge and its competitors.
Available capacity and flexibility to meet energy demand in the Great Lakes region already exists in the North American energy pipeline system operated by Enbridge and its competitors without threatening our public waters and Pure Michigan economy, according to FLOW’s experts.
Shutting down Line 5 is unlikely to significantly impact gasoline prices (an increase of less than once cent per gallon is forecast), according to a 2018 study conducted by London Economics International, LLC, a Boston-based consultancy, and commissioned by the National Wildlife Federation.
Shutting down Line 5 would add just five cents to the cost of a gallon of propane, which has hovered around $2 for the past year, according to a 2018 study conducted by London Economics International, LLC, a Boston-based consultancy, and commissioned by the National Wildlife Federation.
The Upper Peninsula has viable options to Line 5 for its propane supply and economy, according to FLOW’s research.
Another claim regarding the impact of a Line 5 shutdown emerged last year from management of the PBF refinery in Toledo, Ohio. Likely 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 immediately raised the question: What kind of refinery management would leave itself vulnerable by receiving crude from only one source? It also directly contradicts statements PBF says in its own investor filings, as well as reports from market analysts. They emphasize that 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 2020 filing with the Securities and Exchange Commission that crude is delivered to its facility through three primary pipelines, Enbridge from the north, Patoka from the west, 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.
Formerly the PBF refinery was supplied in part by the Capline pipeline. However, the energy market is shifting dramatically and the Capline pipeline is being reversed, demonstrating that the system is flexible and can adapt to changing markets without shutting down the refinery.
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 credible 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.
After Line 5 is shut down, the small percentage of its light crude coming to U.S. refineries could be supplied by other sources currently serving the region, including the Patoka and Mid-Valley pipelines, along with crude from Northern Michigan oil wells.
Fanning the fears of employees and communities with false and inflated claims is the latest in a series of tactics deployed by Enbridge and its enablers. Their goal is to pressure Michigan officials into letting the company continue to occupy the public bottomlands of the Straits of Mackinac with its antiquated Line 5 pipeline, and later, a proposed oil pipeline tunnel under the lakebed.
PBF also claims that a feared Toledo refinery shutdown, which research cited above dispels, would 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 prior to PBF’s claims made in 2019, the impacts of a Line 5 shutdown on Metro Airport jet fuel had never before been raised as an issue in the Line 5 debate. Now Canadian officials are singing the same tune to bring political pressure on the Whitmer administration, claiming that Line 5 “is the single largest supply for gasoline, ultimately, in southern Ontario; for aviation fuel out of the Detroit airport; for heating fuel in northern Michigan; for the refineries in northern Ohio that fuel much of the Midwest U.S. economy.”
If the Great Lakes region were a country, it would have a GDP of US$6 trillion making it the third largest economy in the world. In fact, a new report analysing the 83 coastal counties along the Great Lakes has found that the Great Lakes support more than 1.3 million jobs that generate $82 billion in wages annually. Continuing to operate the decaying Line 5 risks many jobs, while shutting down Line 5 will protect hundreds of thousands of jobs in Michigan’s tourism economy. According to a FLOW-commissioned report in May 2018 conducted by a Michigan State University ecological economist, 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 and fossil-fuel industry allies have a track record of false and unsubstantiated claims and a lack of transparency.
The numbers are inflated:
Enbridge and refineries and some politicians are misleading the public. They falsely claim that the two Toledo refineries and one Detroit refinery, and by extension the jobs there, are fully and wholly dependent on Line 5. 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 2020 filing with the Securities and Exchange Commission that it “processes a slate of light, sweet crudes from Canada, the Mid-continent, the Bakken region and the U.S. Gulf Coast.”
The Patoka pipeline and the Mid-Valley pipeline supply PBF with oil and the refinery receives oil from rail and truck.
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 Metropolitan Airport
In a letter to Michigan Gov. Gretchen Whitmer, Ohio Gov. Mike DeWine claimed, “our refineries supply the majority of aviation fuels to Detroit Metro Airport” and asserted that the 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 line: Shutting down Line 5 will protect hundreds of thousands of jobs. A Line 5 shutdown would not significantly impact jobs at Toledo, Ohio, refineries. There is absolutely no evidence that a shutdown would impair operations at Detroit Metropolitan Airport.
Photo (from left): Winona LaDuke, Holly Bird, and FLOW’s Liz Kirkwood on May 13 at the Straits of Mackinac. Photo by Beth Price.
By Liz Kirkwood, FLOW Executive Director
May 13 marked an inflection point in FLOW’s water and climate work to shut down Line 5. It was a day of action and a show of force to evict Enbridge as an occupier—a rogue Canadian pipeline company pumping oil through our public waters and lands of the Great Lakes. It was a day highlighting the power of community and solidarity, and the power of indigenous leadership in protecting the source of all life: water.
Just the day before, Enbridge blatantly defied and violated Michigan Governor Gretchen Whitmer’s deadline ordering the shutdown of the Line 5 pipelines. Defending our waters in her usual bold style, Governor Whitmer warned that Enbridge’s failure to obey would result in intentional trespass and disgorgement of 100 percent of Enbridge’s oil profits gained every day from illegally operating Line 5 in the Straits of Mackinac. (Read Gov. Whitmer’s reasons for shutting down Line 5 in her own words).
Organized by the first peoples of North America and the Oil & Water Don’t Mix campaign, this day-long event drew over 400 allies to deliver an eviction notice to Enbridge, to participate in a water walk and ceremony, and to hear from leaders about the urgent need to tackle climate change and shift to a clean energy economy. As water protectors, women tribal members led the group in traditional water ceremonies and told stories of our relationship to water. Tribal President Whitney Gravelle from the Bay Mills Indian Community conveyed that her tribe had voted to formally banished Enbridge and its pipeline from their legally recognized treaty waters. (Read coverage here of tribal protests that began the day prior at the Straits and continued into May 13).
Nationally recognized indigenous voice, author, and anti-pipeline organizer Winona LaDuke, who directs Honor the Earth in Minnesota, spoke passionately about the danger posed by Line 5 to the Straits, which have played a key role in both tribal and non-tribal heritage and culture for centuries.
“This rogue Canadian corporation is basically holding the Great Lakes hostage,” LaDuke told FLOW in an interview after her speech. “In state after state, they are scaring officials. But here in Michigan, your governor, your attorney general have stood up for the people and for the water. We don’t need a Canadian multinational holding us all hostage. And that’s right now what they’re doing.”
“The question I would ask is, ‘Who gets the honor of being the last Tar Sands pipeline? Who gets that honor?’ It’s kind of like being the last guy to die in Vietnam, isn’t it? Who wants to tell that soldier he’s the last man to die for an unjust war? Who wants to tell some Ojibwe that they’re the last people to have their water contaminated so that Enbridge can make a buck?”
Demonstrating the deep commitment and solidarity among indigenous nations, tribal members from Minnesota, where they are fighting another Enbridge pipeline—Line 3, actively participated in the May 13 event.
I joined the event on behalf of FLOW, representing our eight years of effort making the case that public trust principles and law give the State of Michigan the authority—and the duty—to expel Line 5 from the Straits in order to protect the world’s greatest freshwater system. Enbridge’s track record of pipeline mismanagement and deception—leading to the largest and most devastating oil spill in Michigan’s history in the Kalamazoo River watershed in 2010—bodes ill for the Straits, their ecology and the jobs that depend on them.
I am proud that it was FLOW that first identified the public trust doctrine as the basis for protecting these waters from the pipeline. Now Governor Whitmer and Attorney General Dana Nessel have explicitly invoked that doctrine in seeking to shut down the pipeline.
In this week’s installment of FLOW’s business supporter spotlight, Development Specialist Calli Crow connected with Beth Price Photography to talk about Beth Price’s love of water, passion for Great Lakes protection, and ongoing partnership with FLOW.
Beth Price Photography is a Northern Michigan-based company and longtime FLOW business supporter drawing inspiration from the natural beauty of the abundant freshwater of the Great Lakes. Beth’s colorful, light-infused, textural Freshwater Photography is visually gorgeous, and, perhaps more meaningfully, inspires that deep connection to life-giving water in others that fuels positive action! You can see her inspiring photography featured frequently in FLOW’s advocacy campaigns.
The meaningful and continuing collaboration between Beth Price Photography and FLOW began back in December 2016 with the gallery opening of In Water: A Photographic Exploration at Space in Traverse City, following her works’ debut at the Fresh Coast Film Festival in Marquette, Michigan. Price generously donated the proceeds from the 2016 Traverse City opening to FLOW and has been inspiring Great Lakes protection through her photography ever since.
The synergy continues on May 13, one day past the state deadline to stop the flow of Line 5 oil in the Straits of Mackinac. Beth Price and FLOW’s Liz Kirkwood today are joining hundreds of advocates led by the Oil & Water Don’t Mix campaign at the May 13 Shut Down Line 5 Rally in Mackinaw City. We invite you to look for real-time updates and Price’s stunning photography live from the rally on FLOW’s Instagram and Facebook.
Calli Crow: Beth, can you tell us about your relationship to water and how it inspires your creativity and connection to community?
Beth Price: My connection to water feels innate, like it has always been me. When I was nine, my family moved to Long Lake near Traverse City, and that’s where I gained my love and foundation. I learned to meditate there and formed a relationship with water. When I’m in the water, I lose sense of time and all obligations. I’m in my FLOW! Pun intended! The spiritual connection to the water and the light and color palette of Northwest Michigan inspire me to endless creativity. Regarding community, the dynamic beauty draws like-minded people. I love the people who love the water and adventure with me in the unpredictable weather and sometimes adverse conditions. We are connected through our shared experiences and love, and it continuously inspires new ideas in me.
CC: What is your favorite thing about living near so much fresh water?
BP: I daily think about how fortunate I am to spend days, weeks, months, years in Northwest Michigan around so much fresh water! Fortunate, where my great fortune lies. Fortune isn’t always monetary!
CC: You’ve been collaborating with FLOW for almost 5 years now! Why do you support FLOW’s work?
BP: When I launched the Great Lakes Surf Photography project, my goal was to partner and collaborate with organizations that advocate for the water. FLOW came highly recommended by Jim Bruckbrauer of Groundwork, and it was a natural fit. FLOW is unique in offering an intelligent, experienced, dedicated legal team, and I’m so appreciative because my brain can’t wrap around the technical aspects of the issues that FLOW tackles. I’m so grateful to be able to align myself with that caliber of work and through collaboration mutually increase our impact. Personally, another positive impact of being involved with FLOW is how it has elevated my knowledge on issues and helped me be a better advocate for freshwater and the Great Lakes through my camera!
CC: What do you think is the biggest threat to the Great Lakes?
BP: Human beings are the biggest threat even though we have the knowledge and power to change. In my lifetime, we’ve seen so much change: in little things like packaging and big things like educating the masses on important issues. But to save our Great Lakes from the threats like Line 5, it’s going to take a collective. Collective is a big word, and it needs to be across the board, all of us taking care of the public trust.
To learn more about how your business can collaborate with FLOW, contact Calli Crow, Development Specialist, at email@example.com.
This morning along East Grand Traverse Bay, the drinking water source for Traverse City, Liz Kirkwood explains why Enbridge’s decision to ignore the law amounts to privatizing the Great Lakes and the Public Trust.
Sixty-eight years ago, Enbridge’s predecessor, Lakehead Pipeline Company, chose this vulnerable location as the shortest distance to transport Canadian oil back to Canada. In 1953, the public, political leaders, and pipeline operators had not yet experienced catastrophic oil spills like the Exxon Valdez in Alaska, BP Deepwater Horizon in the Gulf of Mexico, or Enbridge’s own Line 6B Kalamazoo River disaster in southern Michigan.
Now, despite the well-documented and lasting economic and ecological harm of oil pipeline disasters across the globe, we are witnessing intense, orchestrated opposition from Canada’s Enbridge and its allies to shutting down a clear-and-present danger to Michigan’s waters and way of life. A Line 5 oil spill would be an unprecedented ecological and economic disaster in the Great Lakes, threatening 84% of North America’s surface fresh water and some 20 percent of the planet’s fresh surface water, devastating coastal communities, and causing billions of dollars of damages to the environment and local and regional economy.
Line 5’s original design intended the dual pipelines to lie upon the lakebed and was subject to a detailed and comprehensive engineering evaluation of 20 specific areas, including written determinations of fitness that were certified by consulting engineers. Now, after decades of patchwork repairs to shore up the decaying infrastructure, as much as 3 miles of pipelines are elevated above the lakebed floor and prone to physical hazards such as anchor strikes in the busy shipping channel of the Straits of Mackinac.
After extensive legal review of Enbridge’s incurable violations in public trust waters, the governor and the Department of Natural Resources took decisive legal action to defend the Great Lakes from a catastrophic oil spill under the state’s sovereign public trust law. Leaders in 16 states and the District of Columbia and four tribes have taken Michigan’s side in its fight to have a state court, not a federal judge, decide whether the state has the authority to shutter Enbridge’s Line 5 oil pipeline in the Straits of Mackinac.
In refusing to shut down Line 5 per the Governor’s order, Enbridge’s flagrant disregard for the law exposes a deep-rooted and reckless corporate culture of exceptionalism that includes the following:
Engaging in a targeted, sophisticated misinformation media strategy through Enbridge’s front group affiliate Consumer Energy Alliance.
Gov. Whitmer on Tuesday pledged in a letter to seize any profits that Enbridge makes from operating Line 5 after today’s midnight shutdown deadline, alleging it would constitute trespass and unjust enrichment. Also on Tuesday, several federally recognized tribes in Michigan took legal steps under tribal law to limit Enbridge and the threat from Line 5. Bay Mills Indian Community in the Upper Peninsula, as well as a five-tribe organization including Bay Mills that manages the fishery in the Straits of Mackinac, voted to banish Enbridge’s Line 5 from its territory. Banishment is a legal action that is considered a punishment of last resort in tribal law.
“This was the first, necessary step in banishing Enbridge from these waters,” said Bay Mills chairperson Whitney Gravelle, who said the move applies to the reservation and treaty-ceded waters. “We’re calling on the state and the United States to enforce this banishment.”
Michiganders have not forgotten Enbridge’s epic failure and legacy of the million-gallon, Line 6B oil spill disaster into the Kalamazoo River in 2010 that drove dozens of families permanently from their homes and cost an estimated $1.2 billion in cleanup costs, damages, and restoration.
“The Enbridge Kalamazoo River spill of 2010 was a real thing — people remember it,” said David Holtz, spokesman for the Oil & Water Don’t Mix campaign. “They understand that oil still lies at the bottom of that river, and that a million gallons were spilled. They understand that could happen again times 10 in the Straits of Mackinac — no matter what Enbridge says in its million-dollar ad buys.”
As part of “a sophisticated public affairs strategy,” Enbridge and its ally Consumer Energy Alliance—a national oil industry front group—continue to claim that shutting down Line 5 could lead to propane and oil shortages and increased prices harming Michigan consumers. However, the vast majority of the liquids shipped via Line 5 do not supply Michigan, and an independent analysis found that shutting down Line 5 was unlikely to significantly impact consumer prices at the pump (less than one cent per gallon) and that Michigan’s energy needs could be met without Line 5. Research conducted by former Dow Chemical engineer Gary Street found that in August 2020, after more than 50 days with at least one leg of Line 5 closed due to damage from an cable strike, gasoline prices and supply were unaffected in Michigan and Canada.
But not everyone is waiting around. In fact,several oil companies seeking alternatives to Line 5 have contingency plans put in place. Suncor Energy purchased a stake in the Portland-Montreal pipeline to import oil from Maine to Montreal if Line 5 is shut down. Toronto’s Pearson Airport has stated that its fuel sources are “diversified and consequently not at risk.”
Line 5 also threatens our climate and water security in an increasingly hot and thirsty world. Each year, Line 5 pumps out more than 57 million metric tons of greenhouse gas emissions, which is equivalent to the combined operation of the nation’s three largest coal plants. Dismissing the climate emergency, Enbridge and its political allies in the U.S. and Canada promote energy security alone and insist that “the operation of Line 5 is non-negotiable.”
This strident reaction from Canadian politicians stems in part from the fact that Canadians have rejected building any new pipelines in the last decade in their own country going east or west to the coasts for export. In this pipeline battle, the Anishinabek Nation says the Canadian government isputting the oil and gas industry ahead of the Great Lakeswith its support for the Line 5 pipeline. The Great Lakes are international water bodies, and Canadians should be just as concerned for their protection as the United States.
The Great Lakes support over 1.3 million jobs that generate $82 billion in U.S. wages annually, with 350,000 of those jobs in Michigan alone. More than 48 million Americans and Canadians draw their drinking water from the Great Lakes. Line 5 represents an unacceptable risk to the jobs and economy of the Great Lakes region, drinking water, and tribal treaty and fishing rights. While Enbridge might refuse for now to stop Line 5’s oil flow or collaborate in the global energy transition, for the future prosperity of Michigan, the Great Lakes, and the planet, we all must transition away from Enbridge.
About the authors:
Liz Kirkwood is FLOW’s executive director. Nora Baty is a third-year law student at the University of Michigan Law School and currently serving as FLOW’s Milliken Law and Policy Intern.
The United States and Canada are not only close friends and neighbours, but are also committed to resolving their differences with civility and common purpose. The 112-year-old International Joint Commission (IJC), which prevents and resolves disputes over boundary waters, is an example of this special relationship. So is the groundbreaking agreement among Ontario, Quebec and the eight Great Lakes states to ban water diversions from these shared and treasured waters.
The two nations, however, are clashing over energy policy and the effects of Line 5, the Canadian petroleum pipelines in the open waters of theStraits of Mackinac, a major shipping lane and important whitefish spawning ground where Lake Michigan meets Lake Huron. If both Canada and the U.S. take a hard look at these issues together, they will swiftly realize that co-operation, not confrontation, is in the best interests of both — and, significantly, the interests of the planet.
The current discord between the two nations is over the decision in November by Michigan Gov. Gretchen Whitmer to exercise her state’s sovereign constitutional authority to revokethe 68-year-old easementthat Enbridge has relied upon to transport petroleum by pipeline from Alberta to Sarnia, Ont., across the public bottomlands of the straits separating Michigan’s upper and lower peninsulas.
The governor took this action in light of the clear and present danger from Enbridge’s appalling track record of easement violations in operating Line 5, including lake-bed erosion undermining support of the dual pipelines in the fierce currents where Lake Michigan meets with Lake Huron. Enbridge alsolacks adequate liability insuranceand has steadfastly refused to provide any of thefinancial assurancesthat Gov. Whitmer has demanded.
Enbridge knew at least 20 years ago that the original design of the Straits of Mackinac pipelineswas failing. Year after year, the company quietly sought approval from the state of Michigan to shore up the pipeline, passed off as “repairs,” by installing supports — now 228 of them — in effect lifting about three miles of the dual pipelines into the water column. Government officials, however, never required Enbridge to get approval for such a radical change that poses a whole set of new and serious risks.
Many families, communities, tribes and businesses understandably are skeptical of Enbridge’s safety assurances. Enbridge calls Line 5 “as good as new” and says it can last “forever,” even though Line 5 hasfailed at least 33 timessince 1968, spilling more than 1.1 million gallons of oil in Michigan and Wisconsin. In 2010, the company was the culprit in one of the largest petroleum spills in U.S. history. A leak in an Enbridge pipeline in southwest Michigandumped 1.2 million gallonsof heavy tarsands oil into the Kalamazoo River watershed, harming human health and damaging fish and wildlife habitat. The spill cost Enbridge over $1 billion to clean up to the extent possible. The U.S. agency that investigated the spill likened the Enbridge response to the spill to the “Keystone Kops” and cited “pervasive organizational failures at Enbridge.”
Many Canadians are concerned about the possible distortion of their energy supply. They shouldn’t be.Available capacity and flexibilityto meet energy demand in the Great Lakes region already exists in the North American energy pipeline system operated by Enbridge and its competitors without threatening our public waters and the economy, according to experts from the Great Lakes protection groupFLOW. They argue that when Line 5 shuts down,regional domestic energy needs and supplies for refinerieswill still be able to be met. The estimated increased cost to consumers would be afraction of a cent per gallon of gasoline, according to a study commissioned by the National Wildlife Federation.
The threat to the Great Lakes, both U.S. and Canadian waters, is clear. Equally clear is the risk to the planet of another 99 years of transporting carbon-rich petroleum from the Prairies to Sarnia for refining and ultimately releasing massive carbon dioxide emissions. Government promises of a new commitment to action on climate change are hollow if Line 5 continues operation indefinitely.
The law in the U.S. and Canada recognizes the waters of the Great Lakes are held in trust to be managed by the governments as guardians for navigation, fishing and other paramount needs of citizens. Unfortunately, the Canadian and Ontario governments have joined forces with Enbridge to forsake this guardianship by pressuring Gov. Whitmer. As the company spends resources on a slick public relations campaign exaggerating the benefits of Line 5 to the U.S. while neglecting to mention its history of environmental negligence, the governments dispute Michigan’s concerns about a Great Lakes spill.
In 2016, the IJC urged governments in the Great Lakes region to adopt the public trust doctrine as a legal backstop to assure the majesty of the lakes and bottomlands is not impaired. The IJC recommendation makes sense for present and future generations. If Canada and the U.S. do so, they will inevitably support decommissioning of Line 5.
The following statement can be attributed to Liz Kirkwood, environmental attorney and executive director of FLOW (For Love of Water), the Great Lakes law and policy center based in Traverse City, in reaction to the Whitmer administration’s release today of a five-point propane security plan to aid Michigan residents after the dangerous Enbridge Line 5 pipeline is shut down.
Liz Kirkwood, Executive Director
“The MI Propane Security Plan is the right plan at the right time for Michigan’s energy independence and future prosperity. With state leadership, the propane supply and distribution system can continue to adjust to meet demand, particularly in the Upper Peninsula where about 18 percent of households heat with propane.
“It’s far too risky for residents and the State of Michigan to continue to rely on the dangerous and outdated Line 5 pipelines that cross the open waters of the Straits of Mackinac for their propane supply. Line 5 has failed at least 33 times since 1968, spilling more than 1.1 million gallons of oil in Michigan and Wisconsin. Line 5 is owned and operated by Enbridge, which caused the Kalamazoo River oil spill disaster in 2010—after providing reassurances to Congress just 10 days earlier of ‘almost instantaneous’ response to leaks in the Canadian company’s sprawling North American pipeline system.
“We cannot trust Enbridge to keep running Line 5 through the Great Lakes, 20% of the world’s supply of fresh surface water and the drinking water source relied on by 48 million Americans and Canadians, including about half of all Michigan residents.
“According to the State of Michigan, the MI Propane Security Plan addresses potential price gouging, invests in renewable energy, energy efficiency and electrification, encourages investments in alternatives to Line 5, ramps up propane storage infrastructure, and calls for more actions to avert any disruption of energy supply.”
Shutting down Line 5 would add just 5 cents to the cost of a gallon of propane, which has hovered around $2 for the past year, according to a 2018 study by London Economics International LLC, a Boston-based consultancy, and commissioned by the National Wildlife Federation.
For more information, see FLOW’s Line 5 fact sheets and blogs:
Jim Olson, environmental attorney and senior legal advisor to FLOW (For Love of Water), the Great Lakes law and policy center based in Traverse City, reacts to a narrow ruling released today by an administrative law judge on Enbridge’s oil tunnel proposed for the Straits of Mackinac:
“Today’s ruling by Administrative Law Judge (ALJ) Dennis W. Mack ignores the declining public need for oil as the U.S. and world finally reckon with the climate emergency, and it is blind to the fact that Gov. Whitmer has ordered the permanent shutdown of the Line 5 pipeline that the tunnel would contain this May.
“The State of Michigan will never reach a just and lawful decision on the proposed oil tunnel by agreeing with Enbridge to ignore critical evidence and treat a proposed oil tunnel meant to last 99 years as simply a maintenance-and-replacement project. The tunnel is a Trojan Horse designed to push billions of gallons of oil through the world’s largest system of freshwater lakes in an era of water crises hastened by climate change.
“The Michigan Environmental Protection Act (MEPA) enacted in 1970 was created to compel agencies like the MPSC to evaluate the cumulative environmental impacts and to examine alternatives to proposed projects. In the case at hand, MEPA requires the MPSC to examine the environmental, health, and climatic risks of the proposed tunnel and Line 5 pipeline. The greenhouse gas emissions from Line 5’s oil and natural gas liquids, at more than 57 million metric tons a year, is greater than the annual yield from the combined operation on the nation’s three largest coal plants.
“The law does not keep the MPSC frozen in time such that they can ignore these paramount issues.
“The State of Michigan has a perpetual duty as trustees under the Public Trust Doctrine to prevent unacceptable harm to the Great Lakes and the public’s right to use them, which led to the Governor’s and DNR’s November 13 order and lawsuit to revoke and terminate the easement allowing Line 5 to occupy the Straits of Mackinac. The ALJ rejected the argument that the Governor’s notice and revocation of the 1953 easement is a basis to evaluate the environmental effects of Line 5 or the consumption of the oil transported on the system under MEPA.”
Background: See FLOW’s ongoing coverage of the Michigan Public Service Commission review of the Enbridge oil pipeline tunnel proposed for the Straits of Mackinac here:
On Monday, October 19, the Michigan Department of Environment, Great Lakes, and Energy (EGLE) will conclude its public comment period on pending state permits for the expected wetland and wastewater impacts, and alternatives to constructing and operating Enbridge’s proposed, roughly four mile-long oil tunnel under the Great Lakes. The proposed tunnel, at roughly 20-feet in diameter, would house a new Line 5 pipeline to continue for another 99 years carrying up to 23 million gallons of oil and natural gas liquids a day through the public trust bottomlands of the Straits of Mackinac, where Lake Michigan meets Lake Huron.
It’s important for the members of the public—including individuals, families, business owners, community leaders, and others—to submit comments. Many people and groups, including FLOW and Oil & Water Don’t Mix, already have expressed deep concerns about the Canadian pipeline company’s tunnel proposal and its lack of necessity, and risks to the Great Lakes, drinking water, the fishery in the Straits, Tribal rights, the Pure Michigan economy, the climate, and a way of life.
Below is guidance from FLOW on what to include in your written comments and how to submit them online by Monday’s deadline. EGLE expects to issue its final decision on the oil tunnel permits and for wastewater impacts in late November and impacts to wetlands and submerged lands in early December.
Points to Make in Public Comments by Oct. 19
FLOW is providing this content for you to draw from and supplement with your own information and perspective in your comment to EGLE on the proposed Line 5 tunnel permits:
Not authorized by the state — EGLE cannot properly proceed on administering the Enbridge permit applications unless and until the December 2018 Easement and tunnel lease have been authorized under sections 2 and 3 of the Great Lakes Submerged Lands Act and the Public Trust Doctrine.
Not good for the climate or Gov. Whitmer’s goals — EGLE must take into account the lifetime greenhouse gas emissions attributable to the proposed petroleum tunnel, particularly in light of Governor Whitmer’s Executive Directive 2020-10 setting a goal of economy-wide carbon neutrality by 2050. Extending the life of Line 5 for the next 99 years with the tunnel project is fundamentally at odds with the reduction of greenhouse gases necessary to avoid the most catastrophic effects of climate change.
Not good for public health, safety, and welfare — EGLE is required to determine whether extending the life of an oil pipeline that will emit approximately tens of million tons of greenhouse gases annually for the next 99 years, under the state Natural Resources and Environmental Protection Act, “is consistent with the promotion of the public health, safety and welfare in light of the state’s paramount concern for the protection of its natural resources from pollution, impairment or destruction.”
Not a public need for the oil tunnel — EGLE must make a number of specific determinations, including whether the benefits of the project outweigh reasonably foreseeable detriments, the extent to which there is a public and private need for the project, and whether there are feasible and prudent alternatives to the tunnel project. Unless these determinations are clearly demonstrated by the applicant Enbridge, the permit is prohibited by the Michigan Environmental Protection Act and the Wetlands Protection Act.
How to Submit Your Comments to EGLE by Oct. 19
Be sure to submit your comments on Enbridge’s proposed Line 5 oil tunnel by the Monday, Oct. 19 deadline. The public can submit comments either by email to EGLE-Enbridge-Comments@Michigan.gov — referencing Application Number HNY-NHX4-FSR2Q — or via two EGLE web pages for commenting separately on each of the permits. Click on each link below and follow the instructions provided by the state:
EGLE public comment page for Part 303 wetland impacts and Part 325 Great Lakes submerged lands impacts.
EGLE public comment page for National Pollutant Discharge Elimination System (NPDES) wastewater impacts.
How to Learn More about Line 5 and the Risky Oil Tunnel
To learn more about Enbridge Line 5 and the proposed oil tunnel, see these resources on FLOW’s website:
Enbridge’s request for federal approval of a Line 5 replacement oil pipeline in a proposed tunnel in the Straits of Mackinac should be rejected to protect the Great Lakes from the continued risk of a catastrophic oil spill and a pipeline that is no longer needed, 10 leading environmental and tribal groups said Tuesday in comments to the U.S. Army Corps of Engineers.
Citing a federal court orderon July 6 involving the Dakota Access pipeline that also involves Enbridge, the groups told the Army Corps it cannot give rubber-stamp permit approval to Enbridge’s massive Great Lakes oil pipeline tunnel construction project without conducting an environmental impact statement (EIS) as required by the National Environmental Protection Act (NEPA).
“The biggest consequence right now of this proposed project is that it distracts the government from its duty to shut down a risky oil pipeline in the Great Lakes. Instead, we are talking about a proposed oil tunnel that may or may not ever be built,” said Liz Kirkwood, executive director of FLOW. “However, if Enbridge insists on this, then a full environmental review of this tunnel proposal is required. That’s what a federal court told the Army Corps, and that’s what we are telling the Army Corps. There’s no shortcut when it comes to potential risks to the Great Lakes.”
In their 22-page comment to the Army Corps, FLOW, Sierra Club, Clean Water Action, Northern Michigan Environmental Action Council, Straits of Mackinac Alliance, Groundwork Center for Resilient Communities, TC350.org, Straits Area of Concerned Citizens for Peace Justice and the Environment, Chippewa Ottawa Resource Authority (“CORA”), and Michigan League of Conservation Voters (“MLCV”) requested a public hearing on the proposed permit and a thorough review of the tunnel project under the National Environmental Policy Act. So far the Army Corps has failed to set a public hearing or undertake an environmental assessment of the proposal. A federal judge in July ordered the shutdown of the Dakota Access pipeline in Missouri after ruling in March that the Army Corps failed to conduct a full environmental review of the proposed pipeline project. Enbridge also has an ownership stake in the Dakota Access pipeline.
In separate comments filed with the Army Corps, five Michigan tribes with treaty rights to the Straits, said the massive proposed tunnel project is a threat to the spawning and fishing grounds for 60 percent of the commercial tribal whitefish catch.
“Whether it is a 67-year-old pipeline aging under pristine freshwater, or a proposed tunnel creating pollution and causing disruption to tribal fishing industries for years, Enbridge should not be allowed to cut corners and bypass a full environmental review, something that Line 5 has never had,” said Bryan Newland, president of the Bay Mills Indian Community. “We’ve seen the exemptions made and lack of thorough pipeline equipment reviews result in surprises of corrosion, dents and the most recent screw anchor damage. With the company’s lack of transparency and poor track record, moving forward with a tunnel is putting pipelines and profits above the safety of Michiganders and the environment, allowing a potential oil spill to continue threatening our Great Lakes.”
In their comments, the environmental groups cited numerous concerns with Enbridge’s tunnel proposal and said oil and propane supplies that are needed can be delivered by other means. Major concerns with the proposal include impacts on drinking water quality from millions of gallons of wastewater discharge and a potential oil spill, significant impacts on the local tourism economy, rental housing, public safety and health systems from a multi-year construction project. Additional risks include pipeline safety and financial exposure to the state from a tunnel abandonment by Enbridge or collapse, including the potential for an explosion involving hazardous liquids. Tunnel safety was cited in a 2019 letter by the American Transmission Company withdrawing any potential participation in the proposed tunnel project.
“This project tunnel project is a massive undertaking with huge water quality, coastal wetlands, drinking water contamination, and other impacts for the Great Lakes and Michigan,” said Anne Woiwode, Chair of the Sierra Club Michigan Chapter. “This involves a waterbody of international importance that is protected under the Clean Water Act and we expect the Army Corps to follow the law.”