Michigan regulators reissue permits for Line 5 tunnel

The Michigan Department of Environment, Great Lakes, and Energy (EGLE) announced last week that it had reissued the permit for the Great Lakes Tunnel Project (GLTP). The project is proposed to house a replacement of an underwater section of the Line 5 pipeline, operated by Enbridge.

Line 5 transports up to 540,000 barrels per day (bpd) of light crude oil, light synthetic crude and natural gas liquids (NGLs), which are refined into propane, according to Enbridge’s website. Currently, the ageing pipeline system diverges into twin, parallel pipelines that run under the Straits of Mackinac for 4.5 miles (7.2 km). Enbridge is proposing to replace this section of the system with a single pipeline that would be housed in an underground tunnel below the Straits.

However, the project – and the operation of Line 5 in the Straits more broadly – has run into opposition, including from the state government of Michigan. Indeed, Michigan Governor Gretchen Whitmer has sought to have Line 5 shut down by revoking the 1953 easement that authorised the location of Line 5 on the bottom of the Straits. This has been challenged in court and the lawsuit remains ongoing.

Separately, Michigan Attorney General Dana Nessel has also been seeking to have the pipeline shut down in court by contesting the validity of the easement. In this case, litigation is currently on pause and due to resume once the lawsuit involving Whitmer has been resolved.

In the meantime, though, the permitting process for Line 5 is ongoing, as illustrated by the latest announcement from EGLE. The department initially issued the Part 303 and Part 325 permit to Enbridge for the proposed GLTP in 2021, but the original permit expired earlier this year amid the ongoing delays to construction on the project. EGLE therefore had to issue a new permit, which it said had followed a “robust” 16-month review period.

The department said the review had concluded that the public and private need for the project outweighed other public interest criteria. However, the permit has been awarded on the condition that Enbridge will submit an improved wetland mitigation plan for the project. Additionally, the permit also includes new conditions that EGLE described as being designed to mitigate impacts to “cultural resources” in the area.

Other permits are still outstanding. EGLE said its staff continued to review Enbridge’s NPDES permit renewal application after collecting public comments on it until last month. The department also noted that the GLTP requires several other permits, including from the Michigan Department of Natural Resources, the Michigan Public Service Commission and the US Army Corps of Engineers.

While the reissuing of permits for the GLTP represents progress, Enbridge still has a long way to go before the tunnel can be built.