Press Release

November 14, 2025

Environmental Groups, Tribes File Brief with MI Supreme Court Challenging Enbridge’s Proposed Oil Tunnel

A lower court upheld the Michigan Public Service Commission’s approval for a tunnel beneath the Straits of Mackinac

Lansing, MI – Today, the Environmental Law & Policy Center (ELPC), Michigan Climate Action Network (MiCAN), Bay Mills Indian Community, Little Traverse Bay Bands of Odawa Indians, Grand Traverse Band of Ottawa and Chippewa Indians, and the Nottawaseppi Huron Band of the Potawatomi filed their opening brief in the Michigan Supreme Court challenging Enbridge Energy’s efforts to build an oil pipeline tunnel beneath the Straits of Mackinac.

ELPC, MiCAN, and the Tribal Nations have asked the Court to overturn a lower court decision that upheld the Michigan Public Service Commission’s approval of the Canadian pipeline company’s plans to build a tunnel to house its Line 5 fossil fuel pipeline. In affirming the Commission’s approval of this tunnel, which will facilitate the flow of oil across the Great Lakes for another 99 years, the lower court applied the incorrect legal standard and overlooked significant flaws in the Commission’s application of the landmark Michigan Environmental Protection Act (“MEPA”).

In the brief, ELPC, MiCAN, and the Tribal Nations urge the Supreme Court to reverse the lower court decision and ensure that Enbridge’s tunnel project is subject to the rigorous and rational review that is required by MEPA to protect the public’s “paramount” interest under the Michigan Constitution to safeguard the state’s natural resources.

ELPC Senior Attorney David Scott said: “The Michigan Environmental Protection Act was enacted to ensure that projects like this are fully reviewed by agencies and courts to protect the State’s natural resources and to prevent environmental harms. We believe that the Public Service Commission and the Court of Appeals did not properly apply MEPA and consequently approved a project that presents unacceptable environmental risks for Michigan and the Great Lakes. We are grateful for the opportunity to present our positions on the correct application of MEPA to the Michigan Supreme Court.”

MiCAN Executive Director Denise Keele, PhD, said:

“Our experts showed that the project will increase carbon emissions by nearly 30 million tons each year, dramatically worsening climate impacts. We are grateful that the Michigan Supreme Court will consider this appeal, and we are grateful to all the Michiganders who value our Great Lakes and the need to protect public health and the environment.”

NARF Managing Attorney David L. Gover said:

“Enbridge says the tunnel is a ‘safety improvement’ to the current pipeline, but in reality it’s too risky and it would desecrate an Anishinaabe sacred place. The Commission approved the tunnel project after silencing Tribal voices who have been in the Straits since time immemorial. The tunnel poses an unacceptable threat to their treaty-protected resources and their way of life.”

Earthjustice Senior Attorney Adam Ratchenski said:
“The Commission approved this project without considering the pollution risk that comes with extending the life of this pipeline for 99 years or the devastation that oil spills can cause to Tribal Nations. This isn’t just poor decision-making—it is a violation of Michigan’s bedrock environmental law.”

ELPC is representing itself and MiCAN, while the Tribal Nations are represented by Earthjustice and the Native American Rights Fund (NARF).