Judge orders Enbridge pipeline flow halted at Michigan strait
A Michigan judge ordered a halt to pumping by Enbridge Inc. through its Line 5 oil pipeline under the Straits of Mackinac, and the company quickly shut down the line June 25.
Enbridge had noted June 18 that a support anchor had shifted position on the east leg of the underwater lines. The company halted operation of both legs as a precaution, then restarted the west leg June 20 after an inspection found no problems.
Michigan Attorney General Dana Nessel went to court for a temporary restraining order and a preliminary injunction to prevent operation of either of the twin lines until the state could conduct a review of information.
A Michigan circuit court judge, James Jamo, issued the restraining order June 25 on the grounds that Enbridge had not supplied enough information to state officials or the court to assure them that the restart of the west leg had been a valid decision.
Enbridge had told Michigan’s governor and the court that it worked closely with its regulator, the Pipeline and Hazardous Materials Safety Administration (PHMSA), and that PHMSA had no objection to the restart. That assertion was not enough for the judge.
“Defendants provide no documentation from PHMSA regarding what information was communicated to PHMSA or what was communicated from PHMSA to Defendants,” Jamo wrote. Nor did Enbridge provide much other information to state officials, according to the judge.
The lack of supporting information meant the court was unable to determine that Enbridge had followed “the usual necessary and proper procedures” in restarting the west line, the judge wrote.
Jamo ordered a shutdown of the west line until the court could hold a hearing on the attorney general’s request for a preliminary injunction, and he said the east line may not be restarted until a determination is made on the motion for the injunction.
The judge said he would hear oral arguments on the injunction request June 30 via video conference.
The dual lines of Line 5 normally carry about 540,000 b/d of crude oil and propane through a 4.5-mile crossing beneath the straits. An extended shutdown of Line 5 would threaten fuel supplies in Michigan and Ohio resulting in critical gasoline shortages and price increases for consumers, Enbridge said.
