Nessel: I ran on shutting down Line 5 and I’ll do it without a deal by June

Environmentalists protest Line 5 at Mackinac. They were turned away at the Grand Hotel, May 29, 2019 | Susan J. Demas
Updated 5/29/2019, 7:05 p.m.

Attorney General Dana Nessel told the Michigan Advance on Wednesday that safety concerns about the oil pipeline running under the Straits of Mackinac was the reason why she ran for the office last year.

And if Gov. Gretchen Whitmer cannot soon reach a satisfactory agreement with Canadian oil company Enbridge, Nessel vowed that she will begin legal proceedings to shut down the company’s Line 5 — something for which many environmentalists have been clamoring.

Attorney General Dana Nessel at the Mackinac Policy Conference, May 29, 2019 | Andrew Roth

The Democratic attorney general said that unless that deal leads to the end of the oil pipeline, she will use her position to start the legal process of shutting the pipeline down “sometime in the month of June.”*

She added, “I won’t be satisfied until I see something that I know can be enforced in a court of law, that absolutely, 100 percent, will create a situation where Line 5 has to be decommissioned.”

Whitmer spokeswoman Tiffany Brown said that the governor supports the attorney general’s plan.

“As you know, the governor is committed to a solution that protects the Great Lakes, removes the pipelines from the Straits as soon as possible and provides for the Upper Peninsula’s energy needs,” Brown wrote in an email. “Discussions with Enbridge and stakeholders are ongoing, and those discussions will help advise the governor on the next steps moving forward.”

The last few weeks have seen ongoing negotiations during which Whitmer would not rule out a controversial Enbridge plan to build an underground utility tunnel that would enclose a new oil pipeline 100 feet beneath the Great Lakes.

Gov. Gretchen Whitmer speaks at the Mackinac Policy Conference, May 29, 2019 | Andrew Roth

Now the AG is now giving the company a firm deadline: If Whitmer and Enbridge don’t reach a deal the governor likes, Nessel will shut the whole thing down by June. And Whitmer won’t stop her, as Crain’s Detroit first reported.

Mackinac Bridge | Susan J. Demas

The 66-year-old tar sands oil pipeline carries some 23 million gallons of oil through the Straits of Mackinac each day and has been a major rallying cry for Michigan environmentalists who say it poses a substantial risk to the Great Lakes and should be decommissioned.

Nessel told the Advance in an interview on Mackinac Island that decommissioning Line 5 was one of the primary issues that motivated her to run for office in the first place.

Nessel recounted meeting with anti-Line 5 activists in 2017 in what would become a pivotal moment leading to her decision to run for attorney general.

“I honestly ran for this very issue. This was the most impactful issue for me,” she said. “I remember walking out of that meeting absolutely horrified and returning to my wife and saying, ‘I think I’m going to run for attorney general. Because if there’s no one out there that is willing to utilize the position of attorney general the way that I know it can be, which is to, you know, work independently, utilizing that office to decommission [Line 5], then I think I’d have to do it.’”

Sign at a Mackinac Island shop | Susan J. Demas

She said she believes a rupture could cause “the biggest oil spill in American history,” and that the past six months in office have only confirmed for her the necessity of shutting it down.

“The devastation to our jobs in recreation and tourism, to our supply of fresh drinking water, to the economy … will be such that I think, in my lifetime, Michigan will never recover,” Nessel continued. “And I’m not willing to take that risk. And I don’t think the voters who elected me want me to take that risk.”

Whitmer wins Michigan Chamber kudos for Line 5 talks

But after vowing to shut down Line 5 during her campaign, Whitmer has in the past several weeks not ruled out Enbridge’s tunnel pipeline project — much to the chagrin of environmentalists. The openness has won her the praise of a powerful business lobby, the Michigan Chamber of Commerce.

Whitmer’s office has since offered no further indication of where those ongoing negotiations may lead.

2019 Mackinac Policy Conference | Susan J. Demas

Enbridge spokesman Ryan Duffy wrote in an email to the Advance that discussions with Whitmer’s office are still taking place, and that the company is working to find “a path forward for the tunnel project,” estimated to cost Enbridge at least $500 million.

At least one prominent author and environmental activist, Bill McKibben, has suggested that if Whitmer allows the tunnel project to proceed, the “anachronistic” new pipeline could become a national rallying cry for environmentalists in an era of rising global temperatures, the Advance previously reported.

Environmental activists with the anti-Line 5 coalition Oil & Water Don’t Mix engaged in a demonstration on Mackinac Island to again voice their opposition to the oil pipeline Wednesday afternoon at the conclusion of Whitmer’s Mackinac Policy Conference comments. They marched from downtown to the Grand Hotel, but were turned away by hotel staff.

A 2018 Lame Duck law signed by GOP former Gov. Rick Snyder sought to secure the tunnel project deal. After taking office, Whitmer asked Nessel to issue a legal opinion.

The attorney general argued that the law was unconstitutional at Whitmer’s request, and the governor afterward signed an executive directive barring state agencies from issuing further permits that Enbridge may need for the plan.

Dana Nessel, March 22, 2019 | Susan J. Demas

“It was an effort to tie my hands, tie the hands of then-Gov. Elect Whitmer, but I think that is no longer a problem even if Enbridge wants to challenge it or any other entities want to challenge it,” Nessel told the Advance. “And at this point I think that it’s up to me and it’s up to the governor to make a decision and an assessment as to what happens in regard to line 5.

“Enbridge is always going to want to make money. And, again, this is a Canadian oil company that is trying to dictate to all the people who live in our state what we can and can’t do with the Great Lakes,” she continued.

“And I don’t believe they have that right. I don’t believe they retain the authority to be the ultimate arbiter of whether or not we get to retain the sanctity of the Great Lakes.”

This story was updated to clarify Attorney General Dana Nessel’s proposed action with regard to Line 5.

Michael Gerstein
Michael Gerstein covers the governor’s office, criminal justice and the environment. Before that, he wrote about state government and politics for the Detroit News, the Associated Press and MIRS News and won a Society of Professional Journalism award for open government reporting. He studied philosophy at Michigan State University, where he wrote for both The State News and Capital News Service. He began his journalism career freelancing for The Sturgis Journal, his hometown paper.
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Susan J. Demas is an 18-year journalism veteran and one of the state’s foremost experts on Michigan politics, appearing on MSNBC, CNN, NPR and WKAR-TV’s “Off the Record.” In addition to serving as Editor-in-Chief, she is the Advance’s chief columnist, writing on women, LGBTQs, the state budget, the economy and more. Most recently, she served as Vice President of Farough & Associates, Michigan’s premier political communications firm. For almost five years, Susan was the Editor and Publisher of Inside Michigan Politics, the most-cited political newsletter in the state. Susan’s award-winning political analysis has run in more than 80 national, international and regional media outlets, including the Guardian U.K., NBC News, the New York Times, the Detroit News and MLive. She is the only Michigan journalist to be named to the Washington Post’s list of “Best Political Reporters,” the Huffington Post’s list of “Best Political Tweeters” and the Washington Post’s list of “Best Political Bloggers.” Susan was the recipient of a prestigious Knight Foundation fellowship in nonprofits and politics. She served as Deputy Editor for MIRS News and helped launch the Michigan Truth Squad, the Center for Michigan’s fact-checking project. She started her journalism career reporting on the Iowa caucuses for The (Cedar Rapids) Gazette. Susan has hiked over 3,000 solo miles across four continents and climbed more than 60 mountains. She also enjoys dragging her husband and two teenagers along, even if no one else wants to sleep in a tent anymore.

2 COMMENTS

  1. for some time i been asking the pro-enbridge side: Why should michigan take any risk at all to serve as a shortcut for getting Alberta oil to Sarnia. Line 5 pumps 540,000 barrels of mostly Canadian oil products a day through Great Lakes with over 95% going to Sarnia. two studies, one paid for by ENbridge, concluded that a shutdown of 66 year old line would mean only a temp increase of pennies per gallon in the retail pr ice of gasoline or propane. this proves that line 5 is clearly not vital to michigan’s energy needs. A worst case spill (the next anchor drag) mean a potential 2.5 million gallon spill oiling up to 700 miles of lake Michigan and Huron shoreline and wetlands. the tunnel deal would on permit the vintage line to keep pumping during the 5-10 year tunnel build and does nothing to replace the 640 miles of thinner diameter pipeline on land – which crosses over 400 water bodies in the great lakes basin.

  2. Multiple phrases in this article like….

    >> “to shut down the company’s Line 5,”
    >>”will create a situation where Line 5 has to be decommissioned”
    >>”vowing to shut down Line 5″

    …are all extremely ambiguous and vague because it isn’t knowable
    from the context what and whether the speaker is intending to mean
    as to whether the “shut down” or “decommissioning” of Line 5 refers
    to the entire Line 5 pipeline versus just the Mackinac Strait submerged
    segments of Line 5. Every single player,stakeholder and decisionmaker on the issue has
    different intentions and meanings as to the planned scope of such actions.

    As to the authority of the State of Michigan and the Office of Attorney
    General, Michigan AG Dana Nessel’s planned litigation shutdown gambit
    is mostly bluff and bluster since federal law is quite clear about what
    Michigan’s authority is as to Line 5, which is an interstate hazardous liquids
    pipeline:

    “A State authority may not adopt or continue in force safety standards
    for interstate pipeline facilities or interstate pipeline transportation.”
    [49 USC Sec. 60104(c)]

    That means that the State of Michigan cannot enforce the safety standards
    contained in the 1953 Easement Agreement because any such action
    is preempted by federal law that has been in place for over 40 years.

    https://caselaw.findlaw.com/us-9th-circuit/1058087.html

    This means that Enbridge has a ‘get out of jail free’ card that allows them
    to take any state court litigation that AG Nessel chooses to file against them seeking
    Line 5 shut down based on allegations of violation of the 1953 Easement
    Agreement pipeline safety provisions, and to rapidly
    remove that state court suit to Federal District Court
    for the Western District of Michigan under the Federal Rules of Civil Procedure…..
    ….where such litigation will be dismissed for lack of standing and jurisdiction within
    2-4 months.

    There has been no recognition of the facts of this legal reality by Gov. Whitmer,
    AG Nessel, all of the environmental groups, and nearly all Michigan media, including
    Michigan Advance.

    Michigan citizens and their expectations of Great Lakes environmental stewardship
    and leadership, mitigates that reality and fact-based coverage of this issue addresses
    the overarching federal issue that Michigan does not have Line 5 shut down authority.

    Alex Sagady, environmental consultant [retired]

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