March 11, 2026
Lansing, MI – Today, attorneys representing a coalition of environmental groups and Tribal Nations made arguments before the Michigan Supreme Court challenging Enbridge Energy’s efforts to bore a tunnel beneath the Straits of Mackinac to house its Line 5 oil pipeline. Attorneys asked the Court to overturn a lower court decision that upheld the Michigan Public Service Commission’s (MPSC) approval for the tunnel. They argued that 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”). The MPSC’s approval for the Line 5 tunnel would extend the risks of pumping oil across the Great Lakes for another 99 years.
The Environmental Law & Policy Center (ELPC) and Michigan Climate Action Network (MiCAN) argued alongside the 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, represented by Earthjustice and the Native American Rights Fund (NARF). In a separate challenge, Flow Water Advocates argued that the MPSC should have rejected the tunnel under common-law public trust doctrine.
ELPC, MiCAN, the Tribal Nations, and Flow urged 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.
MiCAN Executive Director Denise Keele, PhD, said: “The tunnel project is a climate and freshwater disaster, and I am very proud of the strong arguments presented by our attorneys. While the Court weighs this challenge, we call on Governor Whitmer and our state regulators to listen to the tens of thousands of Michiganders who value our Great Lakes and deny any new permits for the tunnel project.”
Bay Mills Indian Community President Whitney Gravelle said: “Michigan law is clear: Projects that threaten our waters must meet the standards of the Michigan Environmental Protection Act and the public trust doctrine. The Straits of Mackinac belong to all of us, and the State has a duty to protect them. Tribal Nations have treaty-protected rights to fish, hunt, and gather in these waters, rights that cannot exist if the resources they depend on are put at risk. We are asking the Michigan Supreme Court to ensure those legal protections are fully respected before this project moves forward.”
ELPC Senior Attorney David Scott said: “Enbridge’s proposal to build an oil pipeline tunnel under the Straits of Mackinac is a bad idea that has not received the robust environmental review required by the Michigan Environmental Protection Act. Today we presented our position to the Michigan Supreme Court and asked that it send this case back to the Public Service Commission for a full and fair review under the proper legal standards. We look forward to the Court’s decision.”
Flow Water Advocates Executive Director Liz Kirkwood said: “Under the public trust doctrine, the State of Michigan and its agencies — including the MPSC — have an inalienable duty to protect the Great Lakes and bottomlands for the benefit of Michiganders. A finding otherwise would dangerously undermine Michigan’s ability to protect our public waters.”
NARF Managing Attorney David L. Gover said: “The case is about Tribal Nations protecting a sacred space and an invaluable resource for their communities and their neighbors. It’s very straightforward, water is life. Without clean water there is no life. The Court should remand this case back to the Commission so tribal voices can be heard for the betterment of all the communities that rely on the Great Lakes.”
Earthjustice Senior Attorney Adam Ratchenski said: “MEPA required the Commission to properly consider the impacts of this unprecedented project. It failed to do so, which was unlawful. We hope the Court agrees and sends this case back to the Commission for that to occur.”