Federal regulators have moved the Enbridge Line 5 tunnel proposal a step forward, but Michigan tribes say the action brushes aside the project's consequences for treaty rights, culture, and the environment in the Straits of Mackinac.
Here's what to know
Enbridge has cleared an important federal hurdle for its plan at the Straits of Mackinac: the U.S. Army Corps of Engineers signed off on a permit tied to moving a 4-mile portion of Line 5 into a tunnel dug beneath the lakebed, Grist reported.
The pipeline stretches 645 miles from Superior, Wisconsin, through Michigan to Sarnia, Ontario, carrying oil and natural gas liquids. In granting the permit, the Army Corps said the proposal satisfied Clean Water Act standards, served the public interest, and "would not abrogate or impermissibly impair tribal treaty rights."
That view is sharply contested by tribal officials. Austin Lowes, chair of the Sault Ste. Marie Tribe of Chippewa Indians, described the approval as "disrespectful and ludicrous."
The review was accelerated under President Donald Trump's executive order declaring a "national energy emergency," despite objections from critics who point out that the tunnel could still take six to 10 years to complete.
More background
For Anishinaabe peoples, the straits are not just a fragile ecological area but a place of profound importance, tied to their creation story. The waters also include burial grounds, and five tribal nations say their rights to fish and hunt there remain protected under the 1836 Treaty of Washington.
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The Army Corps said tunnel construction would permanently damage wetlands, vegetation, land use, and cultural resources. Still, the agency determined that enclosing the replacement pipeline in a tunnel would reduce some risks associated with the aging line, including the risk of damage from a boat anchor strike.
The broader fossil fuel industry also carries well-documented costs for communities. Coal and natural gas power plants contribute to air and water pollution linked to asthma, heart disease, cancer, and premature death, while keeping energy bills high for households that remain dependent on fuels that are often more volatile and costly than abundant sources like wind and sunlight.
Critics say industry lobbying has helped slow the adoption of cleaner, cheaper energy solutions that could better protect families, public health, and household budgets. In places like the Great Lakes, a major spill or construction damage could affect ecosystems, fisheries, and waterfront communities that depend on them.
What's being done?
The federal permit does not allow work to start yet because Enbridge still needs additional state approvals. Michigan's Department of Environment, Great Lakes, and Energy is still reviewing a wastewater discharge permit and is expected to decide before the end of September.
Another setback emerged last month when the Michigan Supreme Court returned an already approved state permit for additional review, finding that regulators had not fully weighed the environmental consequences.
Other court battles over the existing pipeline are continuing as well. Governor Gretchen Whitmer's administration is challenging a ruling that said she lacked authority to order Line 5 shut down in 2020, and a recent unanimous U.S. Supreme Court decision allowed state-court proceedings over the pipeline's future in the straits to move ahead.
Attorneys working with some Michigan tribes are also considering legal avenues to contest the Army Corps permit.
"Tribes have been here since time immemorial. We're not going anywhere," David Gover, a managing attorney at the Native American Rights Fund, said. "This is just another fight that Indian Country takes on and makes certain that those treaties that we signed are meaningful and honor our jurisdictions and sovereignty."
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