April 16 2025. This morning the US Army Corps of Engineers held a press conference to answer questions regarding the Enbridge Line Five Application and explain their next steps in the approval process. While Enbridge may be hopeful and Tribes are fearful this new work schedule will help Enbridge get the new pipeline approved nothing is settled. All that is confirmed is that as a result of the Executive Order issued by the White House in late March they are targeting a release of their findings in June 2025 which is approximately one year earlier than originally planned. The statement below was issued on April 15 2025 by their Detroit District to clear up any confusion and help end the rumors.
In our view regardless of their findings it is most likely going to be the Sixth Circuit United States Court of Appeals or the Supreme Court that will provide the final ruling all the while putting the Straights of Mackinac at risk for an Environment Disaster as a result of the current age of the existing 645 mile pipeline that was constructed in 1953 starting in Superior Wisconsin and terminating in Sarnia, Ontario. The pipeline is 30-inch diameter pipeline, except when crossing the Straits of Mackinac, where it splits into two 20-inch diameter pipelines.
It appears to us that the reason all sides won't come to the table for talks to help protect from an Environmental Man-Made Disaster is because ALL PARTIES BELIEVE THEY ARE ENTITLED TO WIN IN COURT.
Tribal Elder offer comments... " It will be all parties; Enbridge, Michigan Tribes, Wisconsin Tribes, Environmental Groups, and the State of Michigan's fault if an environmental disaster occurs in the Straights of Mackinac as a result of their refusal to work together to solve this problem instead of fighting in court. While I do support removing Line Five from the Straights of Mackinac I also believe to solve the problem Environmental Groups, Tribes, the Canadian Government, the United States Government, and the State of Michigan need to be willing to help with that cost associated with creating a new pipeline route or alternative transportation plan for Enbridge".
Another Tribal Elder Comment ... .. "How about all of you grow up and work it out ... We do not want to have to clean up toxic chemicals, dead birds, and dead fish from Lake Michigan or Lake Huron because of your inability to be the Adult in the Room. It is up to us to honor the 1950's Contracts with Enbridge if you want others to honor Tribal Treaties."
The reality is that there is no end in sight to the risk created by all parties behavior. It will just be one motion filed in court after another....followed by a press release or social media post.........
Official Statement from the Us Army Corps of Engineers:
Permit Application No. LRE-2010-00463-56-A19
Use of special processing procedures for review of the Enbridge Line 5 Tunnel Project.
TO WHOM IT MAY CONCERN: The U.S. Army Corps of Engineers, Detroit District, is reviewing a request by Enbridge Energy, Limited Partnership (Enbridge), for a Department of the Army (DA) permit under the provisions of Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act for work in or affecting navigable waters of the United States (U.S.) and the discharge of fill material into waters of the U.S. associated with the Enbridge Line 5 Tunnel Project, as described below.
In Executive Order (EO) 14156, the President declared a national emergency under the National Emergencies Act (50 U.S.C. § 1621) based upon the finding that the United States’ insufficient energy production, transportation, refining, and generation constitutes an unusual and extraordinary threat to our Nation’s economy, national security, and foreign policy. The U.S. Army Corps of Engineers, Detroit District has found that this permit request meets the terms of EO 14156 and is therefore subject to special emergency permitting procedures to address an energy supply situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures. The Detroit District will implement the special processing procedures approved by the Great Lakes and Ohio River Division in accordance with 33 C.F.R. § 325.2(e)(4).
APPLICANT: Enbridge Energy, Limited Partnership
LOCATION OF WORK: Straits of Mackinac (Lake Michigan), between Point LaBarbe, St. Ignace, Mackinac County, and McGulpin Point, Mackinaw City, Emmet County, Michigan.
DESCRIPTION OF WORK: The applicant proposes to bore a 21-foot-diameter, 3.6-mile-long tunnel underneath the bed of the Straits of Mackinac to house a 30-inch-diameter pipeline for crude oil and natural gas liquids. The proposed pipeline segment within the tunnel would replace the existing two 20-inch-diameter pipelines buried close to shore and resting or supported on the lake-bed at depths up to 225 feet. The proposed project would permanently impact 1.52 acres of wetlands, including 1.01 acres within the Corps’ responsibility under Section 404 of the Clean Water Act.
Project information and plans are available at: www.line5tunneleis.com.
NATIONAL ENVIRONMENTAL POLICY ACT (NEPA): On August 15, 2022, the Detroit District published a Notice of Intent to prepare an Environmental Impact Statement (EIS) for the Line 5 Tunnel Project. The Detroit District is still preparing an EIS for the proposed Line 5 Tunnel Project and anticipates soliciting public comment upon publication of its draft EIS. The Detroit District will fulfill its NEPA responsibilities in accordance with the special processing procedures approved by the Great Lakes and Ohio River Division and through its coordination with the Council on Environmental Quality.
WATER QUALITY CERTIFICATION: Compliance with Section 401 Water Quality Certification procedures is required for this project.
HISTORIC PROPERTIES: In accordance with the special processing procedures authorized by the Great Lakes and Ohio River Division, the Detroit District is coordinating with the Michigan State Historic Preservation Office, the Advisory Council on Historic Preservation, and federally recognized Tribes under 36 C.F.R. § 800.12, to comply with Section 106 of the National Historic Preservation Act.
THREATENED AND ENDANGERED SPECIES: In accordance with the special processing procedures authorized by the Great Lakes and Ohio River Division, the Detroit District is consulting with the U.S. Fish and Wildlife Service (USFWS) under 50 C.F.R. § 402.05 in accordance with Section 7 of the Endangered Species Act.
PUBLIC INTEREST: This application will be reviewed pursuant to 33 C.F.R. Parts 320-332, the Regulatory Program of the Corps, and other applicable laws and regulations. Our evaluation will also follow the guidelines published by the U.S. Environmental Protection Agency pursuant to Section 404(b) (1) of the Clean Water Act (40 C.F.R. Part 230).
