The Michigan Supreme Court considered Wednesday whether to require state regulators to conduct a more comprehensive environmental review of Enbridge Energy’s plan to replace a pair of pipelines.
The court’s seven justices gave little indication of how they would rule in two related cases heard in back-to-back hearings. The Little Traverse Bay Bands of Odawa Indians and For Love of Water are each challenging a lower court ruling upholding Enbridge’s permit to build a tunnel under the Straits of Mackinac. The tunnel would house a four-mile segment of the company’s Line 5 pipeline.
Several justices didn’t speak during the hearings. But Justice Elizabeth Welch questioned whether a ruling in the challengers’ favor would mean that any time a portion of a pipeline is replaced, regulators would need to conduct a full environmental review of the entire pipeline.
“Where do we draw the line?” Welch said. “Ideally, it needs to be some sort of test that is applicable. We’ve heard from utilities, this could be a really big problem for every electrical upgrade.”
