In re Application of Enbridge Energy to Replace & Relocate Line 5

The Michigan Court of Appeals affirmed the Michigan Public Service Commission’s (PSC’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. Among the arguments rejected by the court was a contention that the PSC inadequately analyzed impacts on greenhouse gas emissions. The court was not persuaded by the argument that the evaluation of greenhouse gas emissions ignored the effect the replacement project would have on supply and demand and therefore “failed to take into account that facilitating the continuation of Line 5 would result in an increase in GHGs.” The court found that the PSC had supported its conclusion regarding greenhouse gas emissions by referencing testimony in evidence that said increased prices from alternative transportation methods would not curb usage of petroleum products. The court also rejected the contention that the PSC was required to adopt and apply a standard and methodology for evaluating greenhouse gas emissions.

Two environmental groups filed a brief in their lawsuit challenging the Michigan Public Service Commission (PSC) order approving Enbridge Energy, Limited Partnership’s application to replace and relocate a segment of the Line 5 oil pipeline crossing the Straits of Mackinac. The environmental groups argued that the PSC failed to adopt and apply any standard or methodology for quantifying and valuing the project’s climate impacts despite recognizing that it was obligated under the Michigan Environmental Protection Act to account for upstream and downstream greenhouse gas emissions. The groups filed their challenge in December 2023.