For Love Of Water (FLOW) submitted comments on studies submitted by Enbridge that propose a tunnel be constructed in the Straits of Mackinac for their Canadian oil pipeline.
Governor Snyder made a backroom deal with Enbridge to explore building a tunnel for their Canadian oil Line 5 pipeline in the Straits of Mackinac (the Agreement). The Agreement was made without consulting his own Pipeline Safety Advisory Board which Snyder installed to study the fate and impacts of Line 5. In that Agreement, Gov. Snyder requested that Enbridge conduct studies on the feasibility of such a tunnel. The Enbridge studies have been submitted and were open to a brief public comment period. The comments were written by FLOW and address these studies.
The comments find that the Governor, Attorney General, DEQ, DNR, and MPSC must refrain from making any decisions regarding any alternative replacement or other matter called for in the Agreement until current proceedings or actions related to Line 5 are lawfully approved or otherwise are in compliance with the Michigan Constitution and laws of Michigan.
Overview of Comments
- The Agreement is invalid because the Governor and MDEQ did not “take care that the laws are faithfully executed”
- The Agreement unlawfully narrows the scope of alternatives to Line 5
- The Agreement allows Enbridge to apply for and obtain all the approvals and permits necessary to construct and build a replacement “tunnel” or horizontally drilled line under the St. Clair River.
- The Agreement fails to follow the rule of law
- The Agreement combined Line 5, the Straits, and St. Clair River replacements without an independent evaluation of potential and cumulative impacts and alternatives to Line 5
- The Agreement does not acknowledge the current failing Line 5 pipeline infrastructure in the Straits of Mackinac
- The Agreement imposes substantial taxpayer expenses
- The Enbridge and other reports confirm that the nature and extent, risks, and instability of soils, geology, and soils under the Straits of Mackinac are unknown or uncertain