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Michigan Supreme Court Vacates Key Line 5 Tunnel Permit

The court found state regulators did not fully assess broader environmental harms and remanded the application for a more complete review that could change the pipeline’s future.

Overview

  • The Michigan Supreme Court vacated the Michigan Public Service Commission’s permit for Enbridge’s proposed tunnel and sent the case back for a broader environmental review after a 6–1 decision that was issued on July 31, 2026.
  • Justices said regulators wrongly limited the scope of review by excluding evidence on alternatives, the project’s effects on the entire pipeline, and the public’s right to use Great Lakes resources.
  • Tribal nations and environmental attorneys hailed the ruling as a win for treaty rights and water protection, while Enbridge said it disagrees, voiced disappointment, and said it is assessing legal options.
  • The remand returns the application to the MPSC and could prompt new hearings, with advocates expecting possible proceedings in 2027 and Enbridge still needing permits from EGLE and the U.S. Army Corps of Engineers.
  • The decision lands inside a larger legal fight over the 73-year-old Line 5, which carries more than half a million barrels a day, faces other court rulings such as a Seventh Circuit trespass finding, and raises questions about regional fuel supply and long-term environmental risk.