Bay Mills Indian Community v. Michigan Public Service Commission

Two applications were filed seeking leave to appeal the Michigan Court of Appeals decision affirming the Michigan Public Service Commission’s conditional approval of an application by Enbridge Energy Limited Partnership (Enbridge) to replace and relocate a portion of its Line 5 fuel pipeline to a tunnel beneath the Straits of Mackinac. One of the applications argued that the Court of Appeals had applied the wrong standard of review under the Michigan Environmental Protection Act (MEPA) and that the case warranted review to correct the improperly narrow scope of impacts considered in the MEPA review.