A controversial plan to update Line 5 just suffered a major loss at the Michigan Supreme Court

The Michigan Supreme Court just dealt Enbridge Energy a major setback in its effort to modernize an aging pipeline. Per Grist, the court invalidated a key permit for a tunnel project that would replace a section of Line 5 running beneath the Straits of Mackinac. Regulators, the court found, only examined the tunnel itself—not how extending this 73-year-old pipeline affects the Great Lakes ecosystem and the public's right to use those waters. The permit returns to the Public Service Commission for a more thorough review. Opponents—including tribal nations and environmental groups—argue the tunnel would effectively extend the pipeline's lifespan, raising the risk of oil spills and greenhouse gas emissions. The court also affirmed a key principle: state regulators must consider the public trust doctrine, which protects Indigenous treaty rights to fish, hunt, and gather. Enbridge says it remains committed to safe operations but faces separate legal challenges from Michigan's governor and environmental advocates.

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