Army Corps greenlights 'truncated' review for Enbridge's Line 5 tunnel project
The U.S. Army Corps of Engineers will expedite its permitting process for Enbridge Inc.'s Line 5 tunnel under the Straits of Mackinac after determining the oil pipeline project meets the parameters of an emergency energy declaration issued by President Donald Trump.
The expedited consideration, announced in a public notice Tuesday, is expected to lead to a "truncated" timeline for the review process, according to Army Corps officials. However, it's unclear how much earlier the federal environmental impact statement will be finalized under the emergency designation. A final decision was initially expected to be completed in early 2026.
"We’re not eliminating steps," said Shane McCoy, head of regulatory affairs for the Corps' Detroit office. "The emergency procedures, as outlined in regulation, just truncate the timeline. But we’re not eliminating any steps."
Army Corps officials noted that a draft environmental impact statement related to the Line 5 tunnel is still expected in the spring, potentially in June, as it was before Trump took office. An ultimate decision cannot be issued for at least 30 days after publishing the final environmental impact statement. Most of the data needed to make the final decision had already been collected before the emergency designation.
"The truncated process will result in a very legally defensible and very well-informed decision in our record of decision," McCoy said.
Enbridge, in a statement, noted the company has been seeking approvals for its tunnel project for nearly five years for a project meant "to make a safe pipeline safer while also ensuring the continued safe, secure, and affordable delivery of essential energy to the Great Lakes region."
"Line 5 is critical energy infrastructure," said Ryan Duffy, a spokesman for Enbridge.
In a statement Wednesday, the Sierra Club Michigan Chapter criticized the decision as a win for "Big Oil" and called on Democratic Gov. Gretchen Whitmer to "step in."
"Fast-tracking the Line 5 tunnel puts us at risk for catastrophic damage," said Elayne Coleman, director of the Sierra Club Michigan Chapter.
In March, six Michigan tribes withdrew from discussions with the Army Corps in anticipation of Tuesday's announcement.
Enbridge has obtained all other state permits it needs for the roughly 4-mile tunnel beneath the Straits of Mackinac to house a new segment of Line 5. It is applying for a renewal of a state environmental permit that is set to expire soon.
Line 5 currently pumps light crude oil and natural gas liquids through twin spans that have lain on the lake bottom parallel to the Mackinac Bridge for roughly 70 years. The state entered into an agreement with Enbridge in 2018 for construction of the tunnel after years of concerns over the catastrophic effects of a potential rupture from the oil line at the critical nexus between Lakes Michigan and Huon.
The expedited consideration for the tunnel comes after Trump, in a Jan. 20 executive order, called on federal agencies to use emergency authority to speed up critical energy projects.
Under corps permitting rules, division engineers can approve special permit processing procedures in the event of an emergency while still making "reasonable efforts" to take public comment.
Enbridge, a Calgary-based petroleum pipeline company, first submitted its application for federal U.S. Army Corps of Engineers permits in April 2020. In 2021, the corps announced it would deploy its most thorough review process—an environmental impact statement—to examine the effect on the Straits of Mackinac of the construction of a tunnel and later relocation of Line 5 from the lake bed to the tunnel in the bedrock under Lake Michigan.
The Army Corps has been working through that process for four years and, as recently as January, was expecting to have a draft environmental impact statement published for review this spring, and a final statement and permit decision in spring 2026.
The project was moved to "emergency" status on a U.S. Army Corps of Engineers website after Trump's Jan. 20 executive order and public notice confirming that status was issued Tuesday.
Trump's executive order required the Army Corps of Engineers within 30 days to "identify planned or potential actions to facilitate the nation's energy supply that may be subject to emergency treatment pursuant to the regulations and nationwide permits promulgated by the Corps." The corps was to provide a report of its identified projects to federal officials.
"Agencies are directed to use, to the fullest extent possible and consistent with applicable law, the emergency Army Corps permitting provisions to facilitate the nation’s energy supply," the executive order said.
The tunnel's construction requires permits under the federal Rivers and Harbors Act of 1899 and the Clean Water Act, both of which are addressed specifically in Trump's executive order.
eleblanc@detroitnews.com
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This article originally appeared on The Detroit News: Army Corps greenlights 'truncated' review for Enbridge's Line 5 tunnel project
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