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In a win for opponents of Enbridge Energy’s Line 5 pipeline, the Michigan Supreme Court vacated a key permit last week for a proposed project that would replace a segment of the pipeline running underneath an environmentally-sensitive area of the Great Lakes, finding that a state commission did not examine the full scope of possible harm to the environment.

Following the 6-1 decision, the justices remanded the permit back to the Michigan Public Service Commission for a more thorough review, which likely extends the timeline for a decision on a project that’s already been mired in legal and procedural hurdles for years.

Enbridge Energy received the permit in 2023 for its proposal to replace a segment of the oil and natural gas liquids pipeline — which connects lakes Michigan and Huron via the Straits of Mackinac — with a new one encased in a tunnel buried in the lakebed. Environmental groups and tribal nations appealed the decision, landing the case before the state’s highest court this year.

Writing for a nearly unanimous court in a 58-page opinion, Justice Elizabeth Welch said that the commission didn’t consider the full range of potential environmental harms, nor did it look at how the project would impact the public’s right to use the state’s natural resources, which includes the Great Lakes — protections granted under the state’s public trust doctrine.

“We cannot fault (the commission) for this failure, because there was little authority on this issue prior to our decision today. Even so, it was error,” the opinion stated.

Oil Pipeline Threatens Catastrophe for Tribes in Michigan – Again

Justices found that the commission incorrectly limited its scope of review under the Michigan Environmental Protection Act to just the tunnel, when it should have examined how the project would impact the broader pipeline. Line 5 transports crude oil and natural gas liquids 645 miles from Superior, Wisconsin, through Michigan to Sarnia, Ontario, with 4.5 miles of the pipeline crossing the straits.

In its new review, the justices said that the public service commission must answer whether the tunnel project will extend the lifespan of the 73-year-old pipeline, and if it does, determine what impacts there are to the........

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