LANSING, MI -- Some oil may resume flowing beneath the Straits of Mackinac that separate Michigan’s Upper and Lower peninsulas, an Ingham County judge ruled Wednesday, July 1.
The ruling overturns a June 25 restraining order issued by Ingham County Circuit Court Judge James Jamo that ordered Canadian-based Enbridge to halt use of it’s Line 5 pipeline, which suffered damage to a support on June 18.
The pipeline, which traverses the bottomlands of the Great Lakes before cutting through the Lower Peninsula to Canada near Port Huron, is made up of an east and west “leg.” .
Jamo’s ruling allows the flow to resume through the west leg while it conducts what is called an in-line investigation. An in-line investigation involves sending a device into the pipe to determine if there is any evidence of internal damage.
Jamo ordered Enbridge to provide Michigan attorneys “all obtained data and all conclusions” within seven days after the west leg is reopened.
“The data and conclusions as to the remainder of the line must be obtained and provided to (Michigan attorneys and officials) as soon as practical after completion of the test,” the judge said.
A restraining order on reopening of the east leg of the pipeline remains in place until the Pipeline and Hazardous Materials Safety Administration, a federal agency that regulates and monitors oil pipeline operators, grants reopening.
After Enbridge notified Michigan officials it had discovered damage to its pipeline on June 18, Michigan Gov. Gretchen Whitmer requested various reports and photos related to the damage and cause.
“Enbridge not only failed to provide the requested information but on June 20, 2020, the company unilaterally reactivated the west leg of the pipeline without even providing the state with an opportunity to first discuss it,” Attorney General Dana Nessel’s office said in a June 22 press release.
The cause of the damage remain under investigation.
Jamo heard nearly five hours of arguments on Tuesday, June 30, regarding the role of Michigan in granting the reopening of the pipeline and the obligation of Enbridge to provide the state with information and findings.
Both sides disputed what information and documents were provided or requested.
Jamo ordered attorneys for the parties to discuss what documents Michigan is seeking and to set a deadline for providing them. Any objection Enbridge has to releasing documents requested by Michigan officials must be formally filed with the court prior to a hearing set bot 1 p.m. on July 7.
“Enbridge will now begin safely restarting the west segment and anticipates operations will soon return to normal,” company spokesman Ryan Duffy said in a statement following the ruling. " ... The east segment of Line 5 will remain shut down as we work with our safety regulator, the Pipeline and Hazardous Materials Safety Administration, to ensure all of the safety assessments are complete and data provided prior to restarting the east segment.
“Enbridge is committed to sharing this information with the state of Michigan to keep them informed regarding our inspections of the east segment.”
Enbridge’s controversial Line 5, when fully operations, is capable of transporting nearly 23 million gallons of oil per day.
Enbridge also operates a separate section of Michigan pipeline that failed in 2010 spilling 800,000 gallons of oil into the Talmadge Creek and Kalamazoo River.
An already wary relationship with the corporation and state officials heightened in June of 2019 when AG Nessel filed a lawsuit against Enbridge in Ingham County attempting to shut down the pipeline altogether. Enbridge, meanwhile, is attempting to build a $500 million tunnel beneath the Great Lakes that it says would protect the waterways.
“Enbridge’s Line 5 is a 645-mile, 30-inch diameter pipeline that travels through Michigan’s Upper and Lower Peninsulas—originating in Superior, Wisconsin, and terminating in Sarnia, Ontario, Canada,” the Enbridge website says. “Line 5 supplies 65% of propane demand in Michigan’s Upper Peninsula, and 55% of Michigan’s statewide propane needs.”
The pipeline opened in 1953.
More on MLive:
Judge reviewing Enbridge request to reopen
Michigan requests Line 5 shutdown
Enbridge finds protective coating on Line 5 pipeline worn away, leaving metal exposed
Michigan seeks more information about Line 5 tunnel alternatives
Michigan requests Enbridge Line 5 documents going back to 1953