A federal judge on Wednesday halted Michigan Gov. Gretchen Whitmer’s bid to shut down an aging oil pipeline that runs beneath the Straits of Mackinac, citing that only the federal government can regulate interstate pipeline safety.
The Legal Battle Over Line 5
In 2020, Gov. Whitmer ordered regulators to revoke an easement that allows Enbridge Inc. to operate a 4.5-mile (6.4 km) segment of its Line 5 pipeline beneath the Straits of Mackinac, the waterway that links Lake Michigan and Lake Huron. Whitmer’s move was driven by concerns that the 72-year-old pipeline could rupture and spill crude oil into the Great Lakes.
Enbridge responded by filing a federal lawsuit to block the revocation, arguing that the state had no authority to regulate an interstate pipeline. The Trump administration joined the case, filing this year that Whitmer’s order interferes with U.S. foreign energy policy and that only the federal government, not the states, can regulate pipeline safety.
The pipeline, known as Line 5, transports crude oil from Superior, Wisconsin, to Sarnia, Ontario.
Judge Robert Jonker’s Ruling
U.S. District Judge Robert Jonker wrote that revoking the easement would effectively shut down Line 5. He noted that Congress expressly prohibited states from regulating interstate pipeline safety in the Pipeline Safety Act of 1992. Jonker also observed that the United States and Canada agree that Michigan’s attempt to shut down the pipeline interferes with their federal foreign policy positions and trade relations.
Jonker’s opinion included the following remarks:
> “An oil spill in Michigan’s Great Lakes would undoubtedly be an environmental catastrophe. And Michigan would undoubtedly be the recipient of almost all the environmental damage that would result,” Jonker wrote. “But for better or worse, the national government has unequivocally decided to displace state power in this area and assume exclusive responsibility for interstate pipeline safety.”
The judge’s decision means the 72-year-old Line 5 segment remains operational.
Reactions from Stakeholders
A spokesperson for Michigan Attorney General Dana Nessel, who represented Whitmer’s administration in the lawsuit, was asked for comment but was not available at the time of the filing. A Whitmer spokesperson referred questions to Nessel.
Enbridge issued a statement saying the line is safe and that Jonker’s ruling protects both the United States and Canada from significant energy disruptions.
Other Legal Challenges in Michigan and Wisconsin
Whitmer’s case is one of several legal battles over Line 5. Nessel filed her own action in 2019 seeking to void the easement in the Straits. The U.S. Supreme Court is currently weighing whether that case belongs in state or federal court.
A number of environmental groups and tribes have sued to challenge state permits authorizing Enbridge’s plan to build a protective tunnel around the Straits segment. That case is pending before the Michigan state Supreme Court.
In Wisconsin, a federal judge ruled in 2023 that Enbridge must remove a section of Line 5 that runs across the Bad River Band of Lake Superior Chippewa’s reservation. The company has proposed a 41-mile (66-km) route around the reservation, but the tribe and environmentalists say construction could harm the environment and the new route would still leave the region vulnerable to a spill.
The Bad River has sued in state court seeking to void state permits for the project; that case is still pending. The tribe, along with a number of environmental groups, is also challenging the permits through the state’s contested case process, a proceeding similar to a lawsuit that will culminate with an administrative law judge’s ruling.
The tribe filed a federal lawsuit on Tuesday in Washington, D.C., challenging U.S. Army Corps of Engineers permits authorizing the reroute.
Key Takeaways
- A federal judge blocked Michigan Gov. Gretchen Whitmer’s attempt to shut down Enbridge’s Line 5 pipeline, citing federal authority over interstate pipeline safety.
- Judge Robert Jonker emphasized that revoking the easement would effectively shut down the 72-year-old Line 5 segment and that Congress has expressly prohibited state regulation.
- Multiple lawsuits continue over Line 5 in Michigan and Wisconsin, involving state, federal, tribal, and environmental actors.
The decision keeps Line 5 operational amid ongoing legal disputes, underscoring the complex interplay between state ambitions, federal authority, and cross-border energy infrastructure.
