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Judge upholds law allowing Great Lakes oil pipeline tunnel

By JOHN FLESHER

AP Environmental Writer

TRAVERSE CITY — Michigan legislators did not violate the state constitution with their decision to allow construction of an oil pipeline tunnel beneath a waterway linking two of the Great Lakes, a judge said Thursday.

The ruling by Judge Michael Kelly of the Michigan Court of Claims was a victory for Enbridge Inc., which struck a deal with former Republican Gov. Rick Snyder to build the tunnel beneath the Straits of Mackinac.

Lawmakers approved the agreement during a lame-duck session last December over objections that the authorizing measure was drafted sloppily and rushed to enactment before Snyder’s term expired.

He was succeeded in January by Democrat Gretchen Whitmer, a critic of the deal.

Attorney General Dana Nessel, also a newly elected Democrat, issued an opinion in March that the bill was unconstitutional because its provisions far exceeded what its title specified. Whitmer then ordered state agencies not to carry out the agreement.

Enbridge filed a lawsuit requesting a ruling from the Court of Claims.

In his written opinion, Kelly said the title adequately followed the constitutional requirement to “express the general purpose or object” of a proposed law.

“Examination of this title reveals that the construction, maintenance and operation of a utility tunnel are plainly contemplated …,” he said.

Whitmer and Nessel said they would take the case to the Michigan Court of Appeals.

“We have always anticipated that this matter would be resolved in the appellate courts and we are more resolved than ever to continue this fight on behalf of the people of Michigan,” Nessel said.

Enbridge, a Canadian company based in Calgary, Alberta, said it was pleased with the ruling and “remains fully committed to the Great Lakes tunnel project.”

Kelly’s decision is one step in what promises to be a lengthy court battle over Enbridge’s proposed replacement for twin underwater pipes crossing the 4-mile-long straits, which connects Lakes Huron and Michigan.

The pipes are part of Line 5, which carries crude oil and natural gas liquids used to make propane. The underground line runs between Superior, Wisconsin, and Sarnia, Ontario. The Straits of Mackinac segment is divided into two adjacent pipes.

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