RELEASE: Governor Whitmer, EGLE Director Roos: State Must Consider Impact of Recent Supreme Court Decision on Line 5 Tunnel Permits

Michigan Executive Office of the Governor sent this bulletin at 09/09/2026 09:31 AM EDT

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FOR IMMEDIATE RELEASE

September 9, 2026 

Contact: press@michigan.gov  

 

Governor Whitmer, EGLE Director Roos: State Must Consider Impact of Recent Supreme Court Decision on Line 5 Tunnel Permits 

 Governor also demands Enbridge pursue an alternative that would shut down the existing Line 5 pipelines without waiting for the proposed tunnel 

 

LANSING, Mich. — Today, Governor Gretchen Whitmer and Michigan Department of Environment, Great Lakes, and Energy (EGLE) Director Phil Roos announced that the state must consider the impact of a recent Michigan Supreme Court decision on the EGLE permits issued this past July for the proposed Great Lakes Tunnel Project.   

 

“I’ve been clear from day one that we must get the existing dual Line 5 pipelines out of the Straits of Mackinac as quickly and safely as possible. These 73-year-old underwater pipelines are a ticking time bomb, and I am taking every action I can to shut them down and protect the Great Lakes and the jobs and communities that depend on them,” said Governor Whitmer. “The Michigan Supreme Court has made clear that the state must more thoroughly scrutinize the environmental consequences of the proposed tunnel and the alternatives to it. At the same time, Enbridge needs to stop asking Michigan to wait for a tunnel that could be a decade or longer away and start pursuing alternatives now that can get oil out of the Straits within months. Michigan has waited long enough. We cannot put the Great Lakes at risk for another decade while waiting for a solution that may never come.” 

 

EGLE announced its permit decision on July 15. Sixteen days later, the Michigan Supreme Court issued its July 31 decision, In re Application of Enbridge Energy to Replace and Relocate Line 5, concerning the same proposed tunnel beneath the Straits of Mackinac. Reviewing a permit previously issued by the Michigan Public Service Commission, the Court explained how the State must assess the potential environmental harms from this project and compare alternatives. As the Michigan Supreme Court itself recognized, “there was little authority on this issue prior to our decision today.”  

 

The proposed tunnel is an extraordinarily large and consequential infrastructure project in the heart of the Great Lakes. Given the Court’s decision addressing the MPSC permit for this very project, the State is considering what impact that decision has on the July 15 EGLE permits.  

 

“Before issuing the resource permit in July, EGLE reviewed the cultural and environmental impacts within our statutory scope as well as an analysis of alternatives. With the Michigan Supreme Court invalidating the MPSC’s permit because its analysis was too narrow, we understand that EGLE’s permit may need further review through the legal process,” said EGLE Director Roos. “Until all those legal questions are resolved, conditions in EGLE’s permit prevent construction of the tunnel entrance from moving forward.” 

 

Governor Whitmer also sent a letter today to Enbridge CEO Gregory Ebel calling on the company to stop treating the tunnel as the only alternative to the existing dual pipelines. In light of the tunnel’s growing uncertainty and delay, she urged Enbridge to pursue a planned, orderly alternative that can get oil out of the Straits far sooner. 

 

For the full letter, click here. 

 

The State is reviewing its options for proceeding in a manner consistent with the Supreme Court’s decision and Michigan law. 

 

Governor Whitmer’s Actions on Line 5 

  • 2019: On her first full day in office, Governor Whitmer asked the Attorney General to review the legal options available to the state regarding Line 5.  
  • 2019: Directed the Michigan Department of Natural Resources to investigate Enbridge’s compliance with the 1953 easement governing Line 5.  
  • 2019: Directed the state to pursue additional protections against anchor strikes in the Straits of Mackinac.  
  • 2019: Created the Upper Peninsula Energy Task Force to identify alternative energy and propane supplies and reduce the state’s reliance on Line 5.  
  • 2020: Called on Enbridge to immediately shut down Line 5 after the company disclosed damage to pipeline infrastructure caused by an anchor strike.  
  • 2020: Revoked and terminated Enbridge’s 1953 easement, ordering the company to cease operating the dual pipelines in the Straits following an orderly transition.  
  • 2020: Filed legal action to enforce the state’s revocation and termination of the easement and shut down Line 5.  
  • 2021: Rejected Canada’s invocation of the 1977 Transit Pipelines Treaty as a reason to continue operating Line 5 through the Straits.  
  • 2021: Continued pursuing the state’s legal authority to shut down Line 5, including changing the state’s litigation strategy to allow the shutdown case to proceed in Michigan state court.  
  • 2021–2026: Continued defending Michigan’s authority to enforce the 1953 easement revocation in court, including the state’s ongoing appeal of the federal court ruling that blocked enforcement of the shutdown order.  
  • 2026: Continued defending Michigan’s position in federal court following the December 2025 ruling concerning the state’s authority to shut down Line 5.  

 

The Great Lakes are home to 21% of the world’s fresh surface water. The lakes supply drinking water for more than 40 million people and support a $9.3 trillion regional economy, including hundreds of thousands of jobs in Michigan. The Line 5 pipeline is a ticking time bomb that could lead to an oil spill in the Great Lakes, which would put families and small businesses across the region at risk.   

 

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