The legal battle between the State of Michigan and Enbridge Inc. over the controversial Line 5 pipeline has escalated further.
Tuesday, the Calgary-based company announced it's seeking an injunction to stop the State from taking steps to shut down the line that runs between Superior, Wisconsin and Sarnia.
The action followed Governor Gretchen Whitmer's announcement on November 13 that the Michigan Department of Natural Resources would revoke the 67-year-old easement allowing the pipeline to operate under the Straits of Mackinac.
Enbridge wants the complaint filed by the State to be moved to Federal Court, arguing it violates federal law and the U.S. Constitution.
"A federal agency, the Pipeline and Hazardous Materials Safety Administration (PHMSA), is Enbridge's safety regulator, not the State of Michigan," said Enbridge in a news release. "In fact, only three months ago the safety of the dual pipelines was reviewed by our regulator and the pipelines were found to be fit for service. The State's attempt to assume the role of safety regulator through its notice purporting to terminate and revoke the easement is improper and unlawful."
The State claims Enbridge has repeatedly violated the terms of the 1953 easement by failing to ensure erosion doesn't cause lengthy, unsupported spans above the lakebed that could cause buckling and breakage. The State also cites incidents last summer and in 2018 where vessel anchors damaged the line.
Governor Whitmer has demanded the line be closed within 180 days to avert a potentially catastrophic oil spill.
Line 5 carries oil and natural gas liquids used in propane to industries in Sarnia and elsewhere in the province and Quebec.
Enbridge said a disruption of Line 5 would create a propane shortage, higher energy prices, and cause a daily shortage of over 14 million gallons of gasoline and other transportation fuels, impacting the entire region.
The company has said it's seeking permit approval to build a 6.4-kilometre tunnel to replace the existing dual lines running beneath the straits.
Sarnia Mayor Mike Bradley has stated he supports Enbridge's plan for a new tunnel, and local elected officials have written to Governor Whitmer urging the State to keep the line open.