Their rationale was twofold: Michigan should never have granted the easement in the first place, Whitmer and Eichinger wrote, because allowing Enbridge to transport oil through the Straits poses a spill risk that “cannot be reconciled with the public’s right in the Great Lakes and the state’s duty to protect them.”
It could be months or years before Michiganders know for sure when or whether Enbridge must decommission Line 5, legal experts say. (Shutterstock photo by JHVEPhoto)
Second, state officials determined Enbridge has repeatedly violated the terms of its easement by failing to properly support the pipeline, allowing the pipe to bend in ways that could compromise its structural integrity, and failing to maintain the pipeline’s protective coating, among other issues.