Line 5 and American Indian Law: Quite Orwellian

University of Michigan
A view of the Mackinac Bridge and the Straits of Mackinac as seen from Mackinaw City, Michigan. Image credit: Michael Barera, CC BY-SA 4.0, via Wikimedia Commons
A view of the Mackinac Bridge and the Straits of Mackinac as seen from Mackinaw City, Michigan. Image credit: Michael Barera, CC BY-SA 4.0, via Wikimedia Commons

The fate of the Line 5 pipeline is at another critical juncture in its 70-plus year history. The pipeline carries more than 500,000 barrels of petroleum products daily across the Great Lakes region from Wisconsin into Canada, taking a path that runs along the bottom of the Straits of Mackinac.

Over its lifetime, the pipeline has leaked more than 30 times and released more than 1 million gallons of oil. A 2016 University of Michigan study showed that more than 700 miles of Great Lakes shoreline was at risk of being polluted should the pipeline fail in the straits.

Enbridge, the Canadian company that operates the pipeline, has proposed boring a tunnel under the straits to protect the pipeline and continue its operation. The Trump administration, after issuing an executive order that declared a national energy emergency, has instructed the U.S. Army Corps of Engineers to fast-track its environmental impact evaluation of this proposal.

The Corps of Engineers expects to release its draft Environmental Impact Statement May 30, potentially clearing the way for Enbridge to move forward following a 30-day public comment period.

While the pipeline appears poised to move forward, Indigenous tribes in the Great Lakes region have vowed to continue their fight against the project that was built without their consent in the 1950s. In 2023, a federal judge ruled that Enbridge was trespassing on the tribal lands that Line 5 passed through in Wisconsin. Tribes in Michigan have likewise taken the pipeline to court, but the energy emergency order muddies what was already a fraught collision of state, federal and American Indian law.

Matthew Fletcher
Matthew Fletcher

Matthew Fletcher

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