As Line 5 tunnel set to be fast-tracked, Great Lakes tribes withdraw from cooperating on environmental review

After being notified that the Line 5 tunnel project will likely be fast-tracked for federal approval, Great Lakes tribes are withdrawing as cooperating agencies in the federal environmental review process.

Line 5 is the pipeline from Canadian oil giant Enbridge that cuts through northern Wisconsin and tribal land near Lake Superior and has for years been mired in legal battles.

On his first day of office on Jan. 20, Trump declared a national energy emergency, directing the U.S. Army Corps of Engineers — the federal agency that permits projects involving wetlands and waterways — to select projects to expedite. The Corps is still considering the Line 5 tunnel project as an "emergency," with a final decision expected later this week.

As a part of the federal review process, tribes can act as cooperating agencies to provide their expertise. On March 21, six Great Lakes tribes pulled out of the process, saying the Army Corps had informed them that the permit will likely be issued soon and the federal agency was no longer acting in good faith. The relationship was "another 'check-the-box' exercise on its way towards permitting Enbridge's proposed project."

"Tribal Nations are no longer willing to expend their time and resources as Cooperating Agencies just so their participation may be used by the Corps to lend credibility to a flawed (environmental impact statement) process and document," the letter to the Army Corps said.

In the letter, tribal leaders explained that the process has lacked meaningful dialogue with tribal nations and other cooperating agencies, as well as undermined the federal government’s responsibility to protect tribal treaty rights. 

The tribes acting as cooperating agencies under the National Environmental Policy Act included the Bay Mills Indian Community, Little River Band of Ottawa Indians, Sault Ste. Marie Tribe of Chippewa Indians, Grand Traverse Band of Ottawa and Chippewa Indians, Match-E-Be-Nash-She-Wish Band of Pottawatomi and Nottawaseppi Huron Band of the Potawatomi. The tribes are still acting as cooperating agencies in a review under the National Historic Preservation Act, however, the letter said that process has been "equally troublesome."

If the Line 5 tunnel project is chosen to be expedited by the Corps it will likely trigger legal challenges from Great Lakes tribes and environmental groups.

Great Lakes tunnel planned for Straits of Mackinac

The Line 5 pipeline runs 645 miles from Superior, Wisconsin, to Sarnia, Ontario, crossing Michigan’s two peninsulas. It carries oil and gas products, which largely pass through the U.S. and are used in Canada, but some products, like propane, are used in Michigan. 

Enbridge has proposed relocating the pipeline into a concrete-lined tunnel, bored through the lakebed along the 4.5-mile stretch of the Straits of Mackinac, which separates Lakes Michigan and Huron.

Enbridge first proposed the tunnel project in 2018. The Army Corps’ environmental impact statement was slated to be released in this spring, with construction beginning in 2026.

The Corps began its environmental assessment under the Biden administration. A draft of the impact statement received more than 17,000 comments. In January, an internal memo circulated by then-Corps assistant secretary Jaime Pinkham directed the agency to assess the risks of an oil spill and consider other alternatives. Now, the tunnel project may instead be fast-tracked without a thorough assessment.  

The Army Corps' website states that "even in an emergency situation, reasonable efforts will be made to receive comments from interested federal, state, and local agencies and the affected public."

Line 5 opponents have long worried about the risks the pipeline poses to the world's largest surface freshwater system. The pipeline, which was built in 1953, was built to last 50 years, and leaked 35 times during its tenure. The recent Line 6 oil spill in Jefferson County, Wisconsin, has heightened these fears. 

The Straits of Mackinac is considered the worst spot in the Great Lakes for an oil spill because of the location and strength of the currents. There have been two incidents where anchors have struck and damaged pipeline infrastructure, but neither caused a spill.

The Canadian oil company has said a replacement tunnel in the Straits would nearly eliminate the chance of a pipeline incident.

Enbridge's Line 5 tunnel project needs three key permits

Along with a permit from the Army Corps, the company needs two state permits, from Michigan’s Public Service Commission and Department of Environment, Great Lakes and Energy, respectively. 

So far, Enbridge has secured the permit from the Michigan Public Service Commission. The permit was challenged by Great Lakes tribes and environmental groups, but it was struck down by the Michigan Court of Appeals earlier this week. Michigan's environment and energy agency previously issued a permit for the tunnel project, but Enbridge has since agreed to redo it given new information on nearby wetlands. 

The tunnel became possible during former Michigan Republican Gov. Rick Snyder's final month of office when he signed a 99-year lease agreement with Enbridge to continue operations of the Line 5 tunnel.

A report released earlier this year by the Institute for Energy Economics and Financial Analysis, an international think tank, showed that the tunnel project will likely cost three times the initial estimate due to inflation and rising costs. 

Enbridge faces a court order in Wisconsin

Across Lake Michigan in Wisconsin, Enbridge is under a federal court order to remove or reroute the segment of its Line 5 pipeline that crosses the Bad River Band of Lake Superior Chippewa’s land near Ashland, Wisconsin, by June 2026. 

And while the project recently received a key permit from the Wisconsin Department of Natural Resources, the 41-mile reroute project has been hotly contested as well. The Bad River Band and environmental groups argue that the new stretch of pipeline will still sit within the Bad River watershed, risking Lake Superior and important resources.

This story has been updated to add more information.

Caitlin Looby is a Report for America corps member who writes about the environment and the Great Lakes. Reach her atclooby@gannett.com, follow her on X@caitlooby and learn more about how she approaches her reporting.

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