Overview
- The U.S. Army Corps of Engineers issued its final environmental impact statement, starting a 30‑day review ahead of a record of decision expected next month that found short‑term harms but long‑term benefits.
- Under Section 401 of the Clean Water Act, the Corps cannot issue a permit without Michigan’s certification, which EGLE is still evaluating as it requests additional data on cultural resources, wetlands and geotechnical risks.
- Michigan is concurrently reviewing Part 303 wetlands and Part 325 Great Lakes bottomlands permits that require findings on least‑damaging alternatives, minimized impacts and public trust uses; a 2021 state approval has expired.
- Tribal nations warn the project could damage archeological sites and treaty‑protected interests, and the Corps acknowledged potential adverse effects while deferring key cultural resource decisions to ongoing consultation.
- Legal battles continue on parallel tracks, with the U.S. Supreme Court set to hear arguments this month over jurisdiction in Line 5 shutdown litigation and the Michigan Supreme Court reviewing the state’s prior approval of the tunnel.