September 19, 2025
Lansing, MI – Today, the Michigan Supreme Court granted the application for leave to an appeal filed jointly in April by 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 Nottawaseppi Huron Band of the Potawatomi. The Tribes are represented by Earthjustice.
The parties asked the state Supreme Court in April to consider overturning a lower court decision that upheld the Michigan Public Service Commission’s permit for Enbridge’s Line 5 tunnel project. This permitting decision approved Enbridge’s plans to build a massive and unprecedented tunnel beneath the Straits of Mackinac to house its fossil fuel pipeline, facilitating the flow of oil across the Great Lakes for another 99 years. We urged the Michigan Supreme Court to review the lower court decision to address important legal errors under the Michigan Constitution and the Michigan Environmental Protection Act.
“ELPC and MiCAN appreciate that the Michigan Supreme Court has granted our petition for leave to appeal the lower court decision upholding the Michigan Public Service Commission’s permit approving Enbridge’s Line 5 oil pipeline tunnel through the Straits of Mackinac, which unduly threatens the vital air, water, and other natural resources of our Great Lakes communities. We look forward to presenting our legal positions to the Court on this appeal,” said Howard Learner, Executive Director at ELPC, which is a co-plaintiff and attorneys representing ELPC and MiCAN.
“On behalf of the tens of thousands of Michiganders who supported our appeal, we are grateful for another opportunity to ensure the project protects public health and the environment,” said Dr. Denise Keele, Executive Director at MiCAN.