Trump DOJ argues Michigan effort to shut down underwater pipeline interferes with US foreign policy

The Trump administration is entering the legal struggle as to Enbridge can continue to exploit an aging pipeline under a Great Lakes channel, arguing that the Governor of Michigan, Gretchen Whitmer, interfered with foreign policy of the United States when it revoked the servitude of the line almost five years ago.

The pipeline, known as line 5, has moved crude oil between Superior, Wisconsin and Sarnia, Ontario, since 1953. A segment of 4.5 miles (6.4 kilometers) of the line takes place under the Strait of Mackinac, a canal which connects Lake Michigan and Lake Huron.

The concerns concerning the rupture of the line and causing it a catastrophic discharge in the area sensitive to the environment have increased since 2017 since 2017, when Enbridge revealed that its engineers had experienced gaps in its protective coating since 2014. An anchor of boat damaged the segment a year later, more fears of spill.

Whitmer, a democrat and possible presidential candidate in 2028, ordered his regulators in November 2020 to revoke the easement allowing the segment to operate under the strait. Enbridge filed a federal complaint the same year aimed at invalidating the order. The pipeline continued to operate as the litigation lights up.

The Trump administration is not a part in the case. But lawyers for the US Ministry of Justice filed a brief on September 12, arguing that Whitmer’s order was an attempt to “globalize” Michigan’s regulatory authority and compete with the federal government’s objective of maintaining the energy flow between the United States and Canada.

They also argue that the revocation comes up against decrees with the Donald Trump decrees this year declaring that an abundant and reliable energy supply is essential to protect national security.

“The stop of line 5 could disrupt the energy supply chain, increase interior prices and improve economic and political power and the lever of malignant foreign actors around the world,” lawyers wrote. “Such results are conflict with the foreign policy objectives of our country.”

They also argue that only the federal government can regulate the safety of pipelines and allow states to seize that the arena would lead to an untenable patchwork of regulations. A 1977 treaty between the United States and Canada prohibits authorities from embarrassing energy flow through pipelines between the two counties, they add.

Whitmer’s lawyers say that the state has the power to revoke servitude under the doctrine of public trust, the legal principle that natural resources belong to the public and that the State therefore has the duty to protect them.

Danny Wimmer, spokesperson for the Attorney General of Michigan, Dana Nessel, who defends the revocation, said in an email on Friday that Nessel provided for a response in October. He underlined the previous deposits in which it maintains that the revocation of the servitude does not impose or pursue no security regulations and is in fact a routing decision of pipeline within the authority of the State. Deposits also argue that private parties such as Enbridge cannot bring a federal complaint to enforce the treaty with Canada.

The arguments of the Trump administration largely reflect those of Enbridge. Asked about the administration’s file, the company’s spokesman Michael Barnes in an email, again underlined the provisions of the treaty which declared the states and the judges from unilaterally closing the pipeline.

US District Judge Robert Jonker has planned an hearing on an enforcement request for summary judgment on November 12.

Trump’s decision to take a stand in the case is a setback for Whitmer as she tries to protect the interests of his state without incurring the president’s anger. She walked slightly around Trump, convincing him to meet her three times since January. In April, Trump described it as “very good person”.

Enbridge proposed to hold the Strait segment in a protective concrete tunnel, at least $ 500 million. The construction would destroy wetlands and the habitat of bats, but the tunnel would eliminate the chances of another anchor breaking the line, according to the body of engineers of the American army.

Michigan regulators approved permits for the tunnel in December 2023. Enbridge only needs approval of the army body before the start of construction. The body accelerated the permit in April after the Trump administration identified the tunnel for accelerated emergency permits.

Environmental groups and Amerindian tribes continued the Michigan Public Service Commission, arguing that the panel did not consider the overall need for pipeline when we weighting the opportunity to grant the tunnel license. The Michigan Supreme Court announced on Friday that it would hear the matter.

Nessel has filed his own legal action to cancel the servitude of the Strait in 2019. The Supreme Court of the United States weighs if the case belongs to the federal or state court.

The pipeline is at the center of another legal dispute, this time in Wisconsin. A federal judge in Madison last summer gave Enbridge three years to close part of line 5 which crosses the Bad River Band of Lake Superior band. The company proposed to relaunch the pipeline around the reserve and called on the closing prescription at the 7th Circuit Court of Appeals American.

On a separate legal track, environmental groups and Bad River Band asked a judge to cancel the state permits for resettlement. The hearings in this case should spread in October.