TRAVERSE CITY, Mich. — The Michigan Court of Appeals says the Legislature did not violate the state constitution by approving a deal to drill an oil pipeline tunnel beneath a Great Lakes channel.
In a unanimous ruling Thursday, a three-judge panel sided with a lower court that upheld the plan last November. Former Republican Gov. Rick Snyder made the deal with pipeline company Enbridge to build the tunnel under the Straits of Mackinac.
Lawmakers approved the agreement in 2018, shortly before Snyder left office.
Attorney General Dana Nessel contends the bill authorizing the deal was unconstitutional because its provisions went far beyond what its title specified. The courts disagreed.
Enbridge issued this statement after the ruling:
"The Appeals Court decision once again confirms that Act 359 is constitutional and that Enbridge’s agreements with the State of Michigan are valid and enforceable. This includes the Tunnel Agreement and the Third Agreement, which allows for Enbridge to continue to operate the Dual Pipelines under the Straits of Mackinac while a tunnel to house a replacement section of Line 5 is permitted and constructed."
"We look forward to working with the State to make a safe pipeline even safer. We are investing $500 million in the tunnel’s construction – thereby further protecting the waters of the Great Lakes and everyone who uses them. Pending receipt of all permits and regulatory approvals, we anticipate completing construction of the tunnel in 2024."
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