AG Dana Nessel Takes First Legal Step to Do Away With Line 5

State Attorney General Dana Nessel is suing to shut down Line 5 that runs in the Straits of Mackinac.

Nessel filed the lawsuit around 11 a.m. Thursday.

She says the twin pipelines pose an unacceptable risk for the Great Lakes.

Line 5 has caused controversy and stress, especially after an anchor dragging hit in April of 2018, ripping through thick cables.

She’s trying to decommission the lines and is also looking to get rid of a deal to build a tunnel for them in the Straits.

This legal action taken by the attorney general should really come as no surprise.

In May A.G. Nessel vowed to pursue legal action if Governor Gretchen Whitmer could not reach a deal with oil company Enbridge to speed up their timeline of creating a tunnel for Line 5.

That time ran out, and she kept her promise Thursday by taking this legal action.

This legal action comes in a couple different parts. First, Nessel filed the state’s response to oil company Enbridge’s lawsuit to keep the Snyder administrations deal for a tunnel.

She is asking the judge to dismiss this lawsuit. Nessel also filed a motion that argues the Straits Corridor Authority is unconstitutional and the agreements that give Enbridge the right to build a tunnel and continue operation of Line 5 are invalid.

The lawsuit claims that the continued operation of Line 5 violates the public trust doctrine and the Michigan Environmental Protection Act because it is likely to cause pollution impairment and destruction of water and other natural resources.

Nessel is seeking an order from the court to shutdown and decommission the pipeline as soon as possible. After a reasonable notice period to allow for adjustments by all the parties affected.

Enbridge released a statement following Nessel’s filing. Enbridge says, “we are disappointed the state chose not to accept our offer to advance talks on the Straits tunnel, a project that would make a safe pipeline even safer. The state also ignored our offer to suspend litigation and jointly appoint an independent, Michigan-based moderator to help facilitate the discussions. We also committed to making additional safety enhancements to the current line.”

To read Nessel’s lawsuit in Ingham County Circuit Court, click here.

To read Nessel’s motion to dismiss Enbridge’s lawsuit, click here.

Stay with Northern Michigan’s News Leader as we continue to follow any new developments.