US: Enbridge sues Michigan over oil pipeline shutdown order

Enbridge filed a legal challenge Tuesday to Michigan Gov. Gretchen Whitmer's recent demand that company shut down its oil pipeline that crosses waterway connecting Lake Huron and Lake Michigan.

Canadian company accused state of overstepping its bounds, arguing that Enbridge's Line 5 was under sole regulatory jurisdiction of U.S. Pipeline and Hazardous Materials Safety Administration.

“This is latest attempt by state of Michigan to interfere with operation of this critical infrastructure by assuming authority it does t possess,” company said in a statement.

In her v. 13 order to halt flow of oil within 180 days, Whitmer said Enbridge had violated an easement granted 67 years ago to run a section of pipeline along state-owned land below Straits of Mackinac. Attorney General Dana Nessel sued in state court to enforce Democratic goverr's requirement.

Enbridge filed its case in U.S. District Court in Grand Rapids, Michigan, underscoring its contention that pipeline is a federal matter. It also submitted a tice seeking to transfer state's suit to federal court.

Vern Yu, company's president for liquids pipelines, said state should “stop playing politics with energy needs and anxieties of U.S. and Canadian consumers and businesses that depend on Line 5."

Whitmer spokeswoman Tiffany Brown said Enbridge's suit “brazenly defies people of Michigan and ir right to protect Great Lakes from a catastrophic oil spill."

“In short, Enbridge claims it can continue to pump oil through Straits of Mackinac indefinitely, posing ermous risk to our ecomy and way of life — and that people of Michigan have say in matter," Brown said.

Line 5 moves about 23 million gallons (87 million liters) of oil and natural gas liquids daily between Superior, Wisconsin, and Sarnia, Ontario, traversing parts of rrn Michigan and Wisconsin.

underwater section beneath straits is divided into two pipes. Enbridge says y are in sound condition and have never leaked, while Whitmer contends y're vulnerable to a catastrophic spill.

Wher state is legally empowered to close pipeline is a long-debated question.

In its termination tice, Whitmer’s office said easement was wrongly granted in 1953 and violated state's public trust duty to safeguard its Great Lakes waters. A report by Michigan Department of Natural Resources said Enbridge had failed to meet numerous safety standards.

Enbridge said in its suit that Congress had granted federal Pipeline and Hazardous Materials Safety Administration “exclusive authority” over energy pipelines. ncy regulations deal with corrosion, strain and or safety concerns, it said, adding that Michigan's shutdown order violates U.S. Constitution by hampering interstate commerce.

Despite its insistence that Line 5 poses threat, Enbridge reached an agreement with former Republican Gov. Rick Snyder in 2018 to run a new pipeline section through a tunnel that would be drilled beneath lake bottom.

company is seeking federal and state permits for project, which has drawn support from industry and labor groups.

“An irresponsible shut-down would t only impact price of gas and propane and raw materials for countless everyday products, but would also strain logistics needed to move critical goods throughout our state and region,” John Dulmes, executive director of Michigan Chemistry Council, said in support of Enbridge's lawsuit.

Environmental groups, native tribes and some tourist businesses oppose tunnel and have pushed to decommission Line 5.

“We urge courts to reject this irresponsible effort to strip Goverr Whitmer and state of Michigan of ir authority to protect our Great Lakes and our way of life,” said Mike Shriberg, regional director for National Wildlife Federation.