LANSING — Enbridge Energy Inc. can proceed as planned with construction of an underwater tunnel beneath the Straits of Mackinac to house a replacement for the dual Line 5 oil pipelines after the Michigan Court of Appeals this week declined to suspend a prior ruling.
A three-judge panel on Tuesday denied Attorney General Dana Nessel’s request to delay construction pending final resolution of ongoing litigation over the late 2018 law that paved the way for the $500 million tunnel project.
Nessel filed new appeal arguments Thursday seeking to overturn an October ruling by Court of Claims Judge Michael J. Kelly, who she contends relied on a “straw man” argument advanced by Enbridge, the Canadian energy giant that sued to spur state action. Michigan Gov. Gretchen Whitmer had initially used a legal opinion by Nessel to halt any state work on the tunnel project.
This week’s 2-1 ruling by the Michigan Court of Appeals means Enbridge can “move forward” with next steps on the project, including permit requests that will be necessary for construction — at least “for now,” said Nessel spokeswoman Kelly Rossman-McKinney.
To read more, click on https://www.bridgemi.com/michigan-environment-watch/enbridge-wins-another-round-over-dana-nessel-michigan-line-5-tunnel-fight?utm_source=Bridge+Magazine&utm_campaign=fbf3d0ac52-Bridge+newsletter+01%2F20%2F20&utm_medium=email&utm_term=0_c64a28dd5a-fbf3d0ac52-82130115