Monday, October 04, 2021

Canada formally requests negotiations with U.S. over Line 5 pipeline dispute


© Dale G Young/The Detroit News/The Associated Press Fresh nuts, bolts and fittings are ready to be added to the east leg of the pipeline near St. Ignace, Mich., as Enbridge prepares to test the east and west sides of the Line 5 pipeline under the Straits of Mackinac…

The federal government has invoked a 1977 pipeline treaty in an effort to settle the Line 5 pipeline dispute.

The Enbridge Inc. pipeline, which runs through Michigan from the Wisconsin city of Superior to Sarnia, Ont., crosses the Great Lakes beneath the environmentally sensitive Straits of Mackinac, which links Lake Michigan to Lake Huron.

The dispute erupted last year when Michigan Gov. Gretchen Whitmer — citing the risk of a catastrophe in the Straits of Mackinac — abruptly revoked the easement that had allowed the line to operate since 1953. Enbridge and the government of Michigan had been engaged in court-ordered mediation to resolve the dispute.

Gordon Giffin, a former U.S. ambassador to Canada currently acting as legal counsel to the Canadian government, recently informed the U.S. court that Canada has formally requested negotiations with Washington under the 1977 Canada-U.S. treaty on pipelines.

The Canadian government filed an amicus brief with the court in May siding with Calgary-based Enbridge and citing the treaty, stating that it guarantees the uninterrupted flow of oil and gas across the border.

At the time, Prime Minister Justin Trudeau said the government wanted to see the mediation process between Michigan and Enbridge continue. Michigan withdrew from mediation with Enbridge in September.

The treaty states that any dispute between the two countries can be settled with bilateral negotiations but can be elevated to arbitration should those negotiations fail.

Line 5 carries up to 540,000 barrels of Canadian crude oil and other petroleum products per day east from Western Canada and supplies about half of Ontario and Quebec's fuel — everything from jet fuel for Toronto Pearson Airport to gas for home heating.

Enbridge said it's grateful for the support from the Canadian government and is hoping for a resolution, through diplomatic relations or through continued mediation with the state.

"Our goal from the beginning has been to work cooperatively to reconcile interests, resolve disputes and move forward in the best interest of people throughout the region," Enrbidge communications adviser Tracy Larsson said in an emailed statement

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