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Court rejects challenge to Enbridge Line 5 plan


The Michigan Court of Appeals has upheld a law that allows Enbridge Energy to build a tunnel so it can continue to move oil and natural gas liquids through a controversial Great Lakes pipeline.

Line Five runs beneath the Straits of Mackinac, which connects Lake Michigan and Lake Huron.

       Attorney General Dana Nessel filed a challenge that could have tanked a law passed in 2018 that would allow Line 5 to continue operating encased in a tunnel.  The challenge said the law violated a requirement in the Michigan Constitution. That requirement says every law must have a title clause that accurately describes what the law is about.

The Michigan Court of Appeals said the law that allows Enbridge to build the tunnel meets that requirement. Enbridge issued a statement saying it will start work on the tunnel once it acquires the necessary permits. The attorney general plans an appeal to the Michigan Supreme Court.

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