Michigan AG seeks temporary restraining order against Enbridge over Line 5 | Michigan Radio

Michigan AG seeks temporary restraining order against Enbridge over Line 5

Jun 22, 2020

File photo of work being done along the Straits of Mackinac.
Credit Enbridge

Michigan’s Attorney General is seeking a temporary restraining order and preliminary injunction against the operator of the controversial Line 5 oil pipeline.

The motion is tied to a dispute between Enbridge and the state of Michigan over a problem with an anchor support for part of the pipeline.

Last week, Enbridge shut down the pipeline temporarily after discovering a problem. The company restarted half of the twin pipeline over the weekend. The cause of the damage has not been released. 

Michigan officials, including Governor Gretchen Whitmer, demanded Enbridge keep the pipeline offline to give time for an investigation into the problem and why it occurred.

But Enbridge ignored the state’s request.

“It is evident by the pictures we’ve seen that there has been significant damage to an anchor support on the east leg of the pipeline. To date, Enbridge has provided no explanation of what caused this damage and a woefully insufficient explanation of the current condition and safety of the pipeline as a result of this damage,” says Attorney General Dana Nessel. 

Nessel is asking a state court to order Enbridge to provide all of the information in its possession related to the nature, extent, and causes of the newly-discovered damage to Line 5. She also requests that the court order that operations of the pipeline be suspended until the state of Michigan has conducted a full review of the information provided with the assistance of independent experts.  

Gov. Whitmer supports the Attorney General's legal action.

“Enbridge has not timely complied with the state’s request for full and complete information and resumed operation without even consultation,” says Whitmer. “This brazen disregard for the people of Michigan and the safety and well-being of our Great Lakes is unacceptable.” 

As expected, Enbridge opposes the Attorney General's motion. 

"Enbridge believes the temporary restraining order and preliminary injunction sought by the Attorney General of Michigan is legally unsupportable, unnecessary, and will be vigorously opposed by Enbridge," says spokesman Ryan Duffy. 

Duffy defends the company’s handling of the pipeline’s issues.

“We have been working very closely with our safety regulator, the Pipeline and Hazardous Materials Safety Administration (PHMSA), to ensure that PHMSA is informed and in a position to assess the safety of the dual Line 5 Straits pipelines,” Duffy said in a written statement.

Duffy says Enbridge will not resume operation on the east leg without further discussion with the state of Michigan and approval from federal regulators.

Meanwhile, environmental groups are calling on Gov. Whitmer to revoke Enbridge’s easement to operate the Line 5 oil pipeline through the Straits of Mackinac.

“The only prudent option remaining is for Gov. Whitmer to immediately begin proceedings to revoke the 1953 easement and end this threat to our Great Lakes for good but finally decommissioning Line 5,” says Sean McBrearty from the group Oil & Water Don’t Mix.

Enbridge’s oil pipelines in Michigan have been the focus of multiple controversies for the past decade.

Environmentalists and others have been concerned about the potential for a catastrophic oil leak in the Straits of Mackinac from the decades old Line 5. The company is moving forward with a plan to build a tunnel to contain Line 5.  

This summer marks a decade since another Enbridge pipeline sprung a leak in southern Michigan. The result was roughly a million gallons of crude oil fouling miles of the Kalamazoo River. Enbridge paid more than a billion dollars on the cleanup. The company has also paid millions in fines and other legal penalties.

Editor's note: Enbridge is a corporate sponsor of Michigan Radio.

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