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Mich. attorney general suing to shut down Great Lakes pipelines

Michigan's attorney general is suing to shut down dual oil pipelines in the Great Lakes.

Nessel says the Line 5 pipes pose an 'unacceptable risk' to the Great Lakes

FILE - This June 29, 2018 photo shows tanks at the Enbridge Energy terminal in Superior, Wis. Enbridge Energy's plan to replace its aging Line 3 crude oil pipeline across northern Minnesota has hit another obstacle. Earlier this month a court said the project's environmental impact statement failed to address the possibility of an oil spill into the Lake Superior watershed. Now the Minnesota Pollution Control Agency and Department of Natural Resources say they can't take final action on the project's permits until the Public Utilities Commission addresses the deficiencies. (AP Photo/Jim Mone, File)
Michigan's attorney general is suing to shut down dual oil pipelines in the Great Lakes. (Jim Mone/The Associated Press)

Michigan has filed a lawsuit asking for an Enbridge Inc. oil pipeline that runs under the Straits of Mackinac in theGreat Lakes to be decommissioned, a statement from Michigan'sattorney general said on Thursday.

The Line 5 oil pipeline ships 540,000 barrels per day of crude oil and propane and is a critical part of Enbridge'sMainline network, which delivers the bulk of Canadian crudeexports to the United States.



The underwater portion of Line 5 has long been a bone ofcontention between Enbridge and the state of Michigan, whichsays a leak from the twin 66-year-old pipelines would causecatastrophic environmental damage to the Great Lakes.

In the lawsuit filed in the Ingham County Circuit Court,Michigan Attorney General Dana Nessel asked the court to findthat Enbridge's continued operation of the Straits Pipelinesunder an easement granted in 1953 violates the public trustdoctrine.

The lawsuit said the pipeline is a common law publicnuisance and violates the Michigan Environmental Protection Actbecause it is likely to cause pollution impairment anddestruction of water and other natural resources. It identifiedan anchor strike as the most significant risk to Line 5.

"The location of the pipelines ... combines great ecologicalsensitivity with exceptional vulnerability to anchor strikes,"said Nessel in a statement.

"This situation with Line 5 differs from other bodies ofwater where pipelines exist because the currents in the Straitsof Mackinac are complex, variable, and remarkably fast andstrong."

The lawsuit seeks a court order to shut down anddecommission the Straits pipelines as soon as possible after areasonable notice period.

Nessel also filed a motion to dismiss an Enbridge lawsuitfrom earlier this month, that sought to enforce an agreementmade with the previous governor of Michigan. That agreementwould have allowed Enbridge to build a tunnel to house theunderwater pipelines and continue to operate Line 5.

Calgary, Alberta-based Enbridge said it was disappointedthat Michigan had not accepted its offer to advance talks on theStraits tunnel, and would need time to fully evaluate theAttorney General's filing.

"We believe the Straits tunnel is the best way to protectthe community and the Great Lakes while safely meetingMichigan's energy needs," Enbridge spokesman Ryan Duffy said ina statement.