Army Corps further delays decision on Great Lakes oil tunnel

TRAVERSE CITY, Mich. (AP) — A federal review of plans for a Great Lakes oil pipeline tunnel will take more than a year longer than originally planned, officials said Thursday, likely delaying completion of the project — if approved — until 2030 or later.

The U.S. Army Corps of Engineers (USACE) had intended to release a draft report later this year on how the proposed tunnel beneath Michigan’s Straits of Mackinac would affect the environment. Enbridge Energy wants it to house a section of its Line 5 oil pipeline that crosses the bottom of the straits connecting Lake Huron and Lake Michigan.

But under the new timeline, the report won’t be issued until spring 2025. An approval decision would be expected in early 2026.

The Corps’ Detroit district office said it revised the schedule after receiving more than 17,000 public comments during an initial “scoping” period. The agency in December ordered Enbridge to redo measurement of wetlands that could be damaged from roads and structures for tunnel construction.

“We greatly appreciate the meaningful input received throughout scoping and will use this information to shape studies and continuing consultations throughout development of our draft environmental impact statement,” District Commander Lt. Col. Brett Boyle said.

You can read a full statement from USACE below:

The U.S. Army Corps of Engineers, Detroit District, revises schedule following public scoping for Enbridge Line 5 Tunnel permit application review.

Enbridge Energy seeks authorization to cross the Straits of Mackinac and impact adjacent wetlands for construction of the Line 5 Tunnel. The Detroit District, responsible for evaluating the permit application, received more than 17,000 public comments during the NEPA scoping period which ended on October 14, 2022. A scoping report summarizing the comments received, by topic, is available at: https://www.Line5TunnelEIS.com/public-notices/.

The Detroit District had originally planned to publish the draft environmental impact statement in late 2023 but is now projecting a Spring 2025 publication. Additional details on the schedule and the steps in the NEPA process are available at https://www.Line5TunnelEIS.com/.

Enbridge Energy is proposing to construct a tunnel under the bed of the Straits of Mackinac between Point LaBarbe, St. Ignace and McGulpin Point, Mackinaw City, Michigan (Line 5 tunnel). Enbridge’s Line 5 tunnel would house a new 30-inch pipeline for light crude oil and liquid natural gas, replacing the existing dual submerged pipelines crossing the Straits of Mackinac, which have been in operation since 1953.

Discharges and activities associated with construction of Enbridge’s Line 5 tunnel require a permit under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act in accordance with federal regulations and policies. The U.S. Army Corps

Engineers is responsible for evaluation of the permit application and to make a decision whether to issue, issue with conditions, or deny Enbridge Energy’s permit application.

The Detroit District provides vital public engineering services in peace and war to secure our Nation, protect the environment, energize our economy and reduce risks from natural disasters.

The slowdown is a setback for a project that Enbridge originally planned to complete as early as next year, spending about $500 million. Mike Fernandez, a senior vice president of the Canadian company based in Calgary, Alberta, told The Associated Press the cost has risen but did not have a new estimate. The new timeline could push tunnel completion to 2030.

“It’s really, really disappointing,” Fernandez said in an interview ahead of the Corps’ announcement, adding that the delay “flies in the face” of the Biden administration’s pledge to quicken environmental permitting for infrastructure projects.

“To borrow a phrase from the president when he was running, we want to build back better and sooner,” Fernandez said. “But right now, it appears that the federal government, or at least the U.S. Army Corps of Engineers, has not gotten that message.”

He said Enbridge remains committed to the tunnel for the underwater segment of Line 5 that Michigan Gov. Gretchen Whitmer, environmental groups and Native American tribes want shut down.

They contend the nearly 4-mile (6.4-kilometer) section is vulnerable to a rupture. Line 5 moves about 23 million gallons (87 million liters) of oil and natural gas liquids daily between Superior, Wisconsin, and Sarnia, Ontario.

Enbridge insists the nearly 70-year-old dual pipes are in good condition and monitored regularly. But the company agreed in 2018 with Whitmer’s predecessor, Republican Rick Snyder, to drill a tunnel that would encase a new pipeline section in concrete.

Enbridge released a full statement in response to the decision on Thursday. You can read the full Enbridge statement below:

The U.S. Army Corps of Engineers’ (USACE) decision to extend the federal permitting process for the Great Lakes Tunnel Project further delays the replacement of the dual pipelines in the Straits of Mackinac and effectively pushes the start of construction to 2026.

While we are supportive of a thorough, comprehensive and carefully considered permitting process that ensures adequate opportunity for review and comment, we are disappointed with the extended timeline for a project of this scope.

The Great Lakes Tunnel Project covers only approximately four miles in length, will require no construction within the waters of the Straits, and is anticipated to impact less than one-quarter acre of wetlands. Enbridge submitted its application for the Great Lakes Tunnel Project to the USACE in April 2020. As such, the USACE is estimating it will need six years to review and issue a decision for the project.

Enbridge believes strongly in the advantages of the Great Lakes Tunnel Project for protecting the environment, providing reliable energy transportation to the region, and bolstering the regional economy for years to come. We are committed to this project, the continued safe operation of the Line 5 crossing of the Straits, and ensuring an uninterrupted supply of reliable, affordable energy to Michigan and the region.

Many Line 5 critics also oppose the tunnel, even though Whitmer’s Department of Environment, Great Lakes and Energy granted a permit. Opponents say it would risk water pollution and promote continued reliance on fossil fuels, which generate planet-warming gases.

The Bay Mills Indian Community, based in Michigan’s Upper Peninsula, says construction near the straits would harm sensitive wetlands, rare plants and cultural artifacts. Tribal aquatic biologist Brad Wesolek said he raised concerns with the Corps during a September visit to the area and was convinced Enbridge had undercounted wetlands that would be affected.

“It’s a very unique site,” Wesolek said. “It has plants and animals that are only found in the Great Lakes.”

The shorelines host a plant community called limestone bedrock glade, he said, which the Michigan Natural Features Inventory labels imperiled. The plants include the dwarf lake iris and Houghton’s goldenrod, both listed as threatened.

The proposed construction zone has resources of cultural significance, said Whitney Gravelle, the Bay Mills tribal president.

“It’s where we went historically for trade,” she said. “It’s where we performed ceremony. It’s where we would have our fishing camps and our hunting camps.”

Enbridge says its onshore work would damage less than a half-acre of wetlands. But in a Dec. 21 letter, the Army Corps said its September inspection and other evidence showed more work was needed to confirm that.

Fernandez said the Enbridge will conduct another survey but said the initial one was thorough.

The tribe recently asked an administrative law judge to invalidate the state tunnel permit, saying it had relied on faulty wetlands information.

“It needs to be redone or completely thrown away,” said Debbie Chizewer, an attorney with Earthjustice, an environmental law firm representing Bay Mills.

Enbridge also awaits a ruling from the Michigan Public Service Commission on its request to relocate the underwater pipeline segment. The commission last July requested more information about tunnel engineering and hazards.

“As we continue to delve into this permit process, we’re going to find more evidence of why this tunnel should not be built,” Gravelle said.

Fernandez said impeding the tunnel project will only lengthen the time that oil flows through the straits pipes. The company has rejected Whitmer’s order to shut down Line 5. Two lawsuits over its future are ongoing.

Pro-tunnel groups criticized the Corps’ new schedule.

“Every month the project is delayed pushes this important economic and environmental investment down the line,” said Brian Calley, president and CEO of the Small Business Association of Michigan.