Judge rules shutdown must happen within 24 hours, orders to remain in effect until a hearing on state's request for preliminary injunctionBloomberg News Kevin Orland June 25, 2020
Enbridge Inc. was ordered to temporarily halt operations of its Line 5 crude oil pipeline by a Michigan judge, handing a victory to state officials who have sought to shut down the conduit.
Circuit Court Judge James Jamo ruled Thursday against the continued operation of the conduit’s west line and prevented it from restarting the east line. The shutdown must happen within 24 hours, and the orders will remain in effect until a hearing on the state’s request for a preliminary injunction.
It’s a win for Michigan Governor Gretchen Whitmer and Attorney General Dana Nessel, who have tried to shut down the pipeline since taking office last year over concerns about a potential spill in the Great Lakes. Enbridge had planned a US$500 million project to replace the line and enclose the segment that runs under the lakes in a tunnel to improve its safety. Enbridge didn’t immediately respond to a request for comment on Thursday’s ruling.
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Line 5 runs along a 645-mile (1,040-kilometre) route from Superior, Wisconsin, to Sarnia, Ontario, transporting as much as 540,000 barrels a day of light crude and synthetic crude, and natural gas liquids that are refined into propane. The pipeline was built in 1953 and consists mostly of 30-inch diameter pipe. It splits into two 20-inch diameter lines for the 4.5-mile section that runs under the Straits of Mackinac, which connects Lake Michigan and Lake Huron.
The most recent tussle over Line 5 started last week, when Enbridge discovered that a screw anchor support for the segment in the straits had shifted from its original position. The company says it shut down the line and notified the state the day it found the damage.
Whitmer wrote to the company asking for all its information on the incident, and Nessel later filed court motions asking to shut down the line until the state had fully
Judge shuts down energy pipeline in Michigan's Great Lakes
Enbridge Inc. insists Line 5 pipeline itself was not damaged when an anchor support shifted below surface
The Associated Press · Posted: Jun 25, 2020
Line 5 carries oil and natural gas liquids used in propane from Superior, Wis. to Sarnia, Ont. A judge ordered Enbridge to close Line 5 as 'immediately as possible' but no later than 24 hours. (Dale G. Young/Detroit News via The Associated Press)
A judge shut down an energy pipeline in Michigan's Great Lakes on Thursday, granting a request from the state after the owner reported problems with a support piece far below the surface.
Calgary-based Enbridge Inc. has not provided enough information to Michigan officials to show that continued operation of the west leg of the Line 5 twin pipeline is safe, Ingham County Judge James Jamo said.
He told Enbridge to close Line 5 as "immediately as possible" but no later than 24 hours.
Without the temporary order, "the risk of harm to the Great Lakes and various communities and businesses that rely on the Great Lakes would be not only substantial but also in some respects irreparable," the judge said.
Great Lakes Enbridge pipeline reopens prompting Michigan to ask for shutdown
There was no immediate comment from Enbridge.
Enbridge's Line 5 carries oil and natural gas liquids used in propane from Superior, Wis., to Sarnia, Ont.
A 6.4-kilometre segment divides into two pipes that lie on the bottom of the Straits of Mackinac, which connect Lake Huron and Lake Michigan between Michigan's Upper and Lower peninsulas.
Enbridge last week said an anchor support on the east leg of the pipeline had shifted. The company said Line 5 itself was not ruptured and that no oil spilled into the water.
The east leg remains shut down, but Enbridge resumed the flow on the west line Saturday.
The judge said he'll hold a hearing Tuesday on the state's request for a preliminary injunction that, if granted, could keep Line 5 closed indefinitely.
"With the continued operation of this pipeline, the risk of severe and lasting environmental damage to Michigan's most important natural resource continues to grow every day," Attorney General Dana Nessel said.
Gov. Gretchen Whitmer criticized the restart of the west leg of Line 5, calling it a "brazen disregard for the people of Michigan" and the safety of the Great Lakes.
Enbridge wants to ultimately put the twin pipes in a tunnel to protect them. The project was approved in 2018 by a Republican administration before Nessel and Whitmer, both Democrats, took office.
Michigan judge orders temporary Enbridge Line 5 shutdown
A judge has granted Michigan Attorney General Dana Nessel’s request to temporarily shut down the Line 5 pipeline after Enbridge Energy last week reported “significant damage” to an anchor support on the pipeline. (Courtesy photo)
Enbridge Energy must temporarily cease operations of the Line 5 pipeline beneath the Straits of Mackinac, an Ingham County judge ruled Thursday.
Circuit Court Judge James Jamo has granted Michigan Attorney General Dana Nessel’s request to temporarily shut down the pipeline after Enbridge Energy last week reported “significant damage” to an anchor support on one of the pipeline’s two legs.
In a decision issued Thursday, Jamo ordered Canadian oil company Enbridge to cease operations “as immediately as possible,” and no more than 24 hours from the order’s issuance.
Michigan Democratic congressional members seek Enbridge Line 5 shutdown
Enbridge rebuffs Whitmer, won’t close Line 5 after damage to anchor support
Nessel campaigned for office in 2018 on a promise to shut down Line 5. She is pursuing separate lawsuits intended to permanently shutter the pipeline and asked for the temporary restraining order and injunction Monday.
In a statement Thursday, Nessel said she was grateful for the ruling, but it is “only a short-term fix.”
“If the lines are put back into operation, one mismanaged incident or accident would result in a historic catastrophe for our state,” Nessel said in the statement. “Work must continue toward complete removal of Line 5 from our waters.”
Nessel said she remains alarmed that Enbridge still hasn’t said what damaged the anchor support. In response to questions from Bridge earlier this week, an Enbridge spokesman said the matter is still under investigation.
Jamo’s order forces both legs of Line 5 to remain closed until he rules on the injunction request. A hearing is scheduled for 1:30 p.m. Tuesday.
After discovering the damage last Thursday, Enbridge stopped petroleum transports in both legs of the pipeline and used divers and a remote-operated vehicle to investigate.
By Saturday afternoon, Enbridge had reopened the west leg after saying it had determined it was not damaged. The east leg remains closed.
That prompted outcry from Gov. Gretchen Whitmer and Nessel, both of whom said Enbridge had failed to fully involve the state in its response.
In a letter Saturday, Whitmer asked Enbridge CEO Al Monaco to shut down the line until and provide the state with engineering reports, photographs, video and other evidence of the damage, as well as a full report about what caused the damage and how Enbridge will prevent it from happening again.
Enbridge continued to operate the west line. In court filings, Enbridge lawyers argued the company answers to federal regulators with the Pipeline and Hazardous Materials Safety Administration, or PHMSA, and not to the state.
Federal regulators had “no objections” to reopening the west leg, Enbridge spokesman Ryan Duffy said in a statement.
In his order Thursday, Jamo disagreed.
Jamo noted that under a 1953 state easement that grants the company permission to site the pipeline in the bottomlands, Enbridge must exercise “due care” in its Line 5 operations.
Enbridge failed to “provide sufficient documentation to the State of Michigan related to the nature, extent, and cause(s) of the newly-discovered damage,” Jamo wrote, which left the state unable to assess any lingering risk of harm.
“The severe risk of harm that may result from [Enbridge’s] operation of the West Line if wrong in its conclusion that it can safely do so in spite of recent damage to Line 5 of unknown origin is so substantial and irreparable, and endangers so many communities and livelihoods and the natural resources of Michigan, the danger far exceeds the risk of financial loss,” of a temporary shutdown, Jamo wrote.
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Enbridge Line 5 shut down after anchor support incurs ‘significant damage’
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Michigan Gov. Gretchen Whitmer on Friday announced the damage and called on Enbridge Energy’s CEO to release “all information available” about the incident in the Straits of Mackinac.
Enbridge rebuffs Whitmer, won’t close Line 5 after damage to anchor support
June 21, 2020 | Riley Beggin
An anchor support to one leg of the pipeline was recently damaged. The company says it will continue to operate the other leg under the Straits of Mackinac. Gov. Gretchen Whitmer says more needs to be known about the damage before resuming oil flow.
Appeals court sides with Enbridge over Dana Nessel in Line 5 tunnel dispute
June 11, 2020 | Kelly House
In a unanimous opinion issued Thursday, a three-judge panel rejected the Michigan Attorney General’s constitutional challenge to the Republican-passed 2018 law that made way for the Line 5 tunnel project.
A judge shut down an energy pipeline in Michigan's Great Lakes on Thursday, granting a request from the state after the owner reported problems with a support piece far below the surface.
Calgary-based Enbridge Inc. has not provided enough information to Michigan officials to show that continued operation of the west leg of the Line 5 twin pipeline is safe, Ingham County Judge James Jamo said.
He told Enbridge to close Line 5 as "immediately as possible" but no later than 24 hours.
Without the temporary order, "the risk of harm to the Great Lakes and various communities and businesses that rely on the Great Lakes would be not only substantial but also in some respects irreparable," the judge said.
Great Lakes Enbridge pipeline reopens prompting Michigan to ask for shutdown
There was no immediate comment from Enbridge.
Enbridge's Line 5 carries oil and natural gas liquids used in propane from Superior, Wis., to Sarnia, Ont.
A 6.4-kilometre segment divides into two pipes that lie on the bottom of the Straits of Mackinac, which connect Lake Huron and Lake Michigan between Michigan's Upper and Lower peninsulas.
Enbridge last week said an anchor support on the east leg of the pipeline had shifted. The company said Line 5 itself was not ruptured and that no oil spilled into the water.
The east leg remains shut down, but Enbridge resumed the flow on the west line Saturday.
The judge said he'll hold a hearing Tuesday on the state's request for a preliminary injunction that, if granted, could keep Line 5 closed indefinitely.
"With the continued operation of this pipeline, the risk of severe and lasting environmental damage to Michigan's most important natural resource continues to grow every day," Attorney General Dana Nessel said.
Gov. Gretchen Whitmer criticized the restart of the west leg of Line 5, calling it a "brazen disregard for the people of Michigan" and the safety of the Great Lakes.
Enbridge wants to ultimately put the twin pipes in a tunnel to protect them. The project was approved in 2018 by a Republican administration before Nessel and Whitmer, both Democrats, took office.
Michigan judge orders temporary Enbridge Line 5 shutdown
A judge has granted Michigan Attorney General Dana Nessel’s request to temporarily shut down the Line 5 pipeline after Enbridge Energy last week reported “significant damage” to an anchor support on the pipeline. (Courtesy photo)
Enbridge Energy must temporarily cease operations of the Line 5 pipeline beneath the Straits of Mackinac, an Ingham County judge ruled Thursday.
Circuit Court Judge James Jamo has granted Michigan Attorney General Dana Nessel’s request to temporarily shut down the pipeline after Enbridge Energy last week reported “significant damage” to an anchor support on one of the pipeline’s two legs.
In a decision issued Thursday, Jamo ordered Canadian oil company Enbridge to cease operations “as immediately as possible,” and no more than 24 hours from the order’s issuance.
Michigan Democratic congressional members seek Enbridge Line 5 shutdown
Enbridge rebuffs Whitmer, won’t close Line 5 after damage to anchor support
Nessel campaigned for office in 2018 on a promise to shut down Line 5. She is pursuing separate lawsuits intended to permanently shutter the pipeline and asked for the temporary restraining order and injunction Monday.
In a statement Thursday, Nessel said she was grateful for the ruling, but it is “only a short-term fix.”
“If the lines are put back into operation, one mismanaged incident or accident would result in a historic catastrophe for our state,” Nessel said in the statement. “Work must continue toward complete removal of Line 5 from our waters.”
Nessel said she remains alarmed that Enbridge still hasn’t said what damaged the anchor support. In response to questions from Bridge earlier this week, an Enbridge spokesman said the matter is still under investigation.
Jamo’s order forces both legs of Line 5 to remain closed until he rules on the injunction request. A hearing is scheduled for 1:30 p.m. Tuesday.
After discovering the damage last Thursday, Enbridge stopped petroleum transports in both legs of the pipeline and used divers and a remote-operated vehicle to investigate.
By Saturday afternoon, Enbridge had reopened the west leg after saying it had determined it was not damaged. The east leg remains closed.
That prompted outcry from Gov. Gretchen Whitmer and Nessel, both of whom said Enbridge had failed to fully involve the state in its response.
In a letter Saturday, Whitmer asked Enbridge CEO Al Monaco to shut down the line until and provide the state with engineering reports, photographs, video and other evidence of the damage, as well as a full report about what caused the damage and how Enbridge will prevent it from happening again.
Enbridge continued to operate the west line. In court filings, Enbridge lawyers argued the company answers to federal regulators with the Pipeline and Hazardous Materials Safety Administration, or PHMSA, and not to the state.
Federal regulators had “no objections” to reopening the west leg, Enbridge spokesman Ryan Duffy said in a statement.
In his order Thursday, Jamo disagreed.
Jamo noted that under a 1953 state easement that grants the company permission to site the pipeline in the bottomlands, Enbridge must exercise “due care” in its Line 5 operations.
Enbridge failed to “provide sufficient documentation to the State of Michigan related to the nature, extent, and cause(s) of the newly-discovered damage,” Jamo wrote, which left the state unable to assess any lingering risk of harm.
“The severe risk of harm that may result from [Enbridge’s] operation of the West Line if wrong in its conclusion that it can safely do so in spite of recent damage to Line 5 of unknown origin is so substantial and irreparable, and endangers so many communities and livelihoods and the natural resources of Michigan, the danger far exceeds the risk of financial loss,” of a temporary shutdown, Jamo wrote.
Related Articles:
Enbridge Line 5 shut down after anchor support incurs ‘significant damage’
June 19, 2020 | Kelly House
Michigan Gov. Gretchen Whitmer on Friday announced the damage and called on Enbridge Energy’s CEO to release “all information available” about the incident in the Straits of Mackinac.
Enbridge rebuffs Whitmer, won’t close Line 5 after damage to anchor support
June 21, 2020 | Riley Beggin
An anchor support to one leg of the pipeline was recently damaged. The company says it will continue to operate the other leg under the Straits of Mackinac. Gov. Gretchen Whitmer says more needs to be known about the damage before resuming oil flow.
Appeals court sides with Enbridge over Dana Nessel in Line 5 tunnel dispute
June 11, 2020 | Kelly House
In a unanimous opinion issued Thursday, a three-judge panel rejected the Michigan Attorney General’s constitutional challenge to the Republican-passed 2018 law that made way for the Line 5 tunnel project.
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