Earthjustice and Tribal Statements on Line 5 Permit Decision

Today, the Michigan Department of Environment, Great Lakes, and Energy (EGLE) decided to grant permits to Enbridge for its Line 5 Tunnel Project in the Great Lakes. The decision is in stark contrast to President Biden’s Executive Order yesterday that prioritizes climate and environmental justice.

Earthjustice and the Native American Rights Fund (NARF) are representing the Bay Mills Indian Community in opposition to the existing Line 5 pipeline and the proposed tunnel replacement. Below are statements in response to EGLE’s ruling.

“Although EGLE’s decision is disappointing, it is even more heartbreaking to say that this type of “rubber stamp” approval without considering tribal treaty rights is something Tribal Nations are accustomed to. When Governor Whitmer revoked the easement for the dual pipelines, Indigenous people across the Great Lakes were celebratory, but cautious. It’s becoming apparent that this administration views the tunnel project as the compromise. In fact, the tunnel project will not only harm tribal resources and the Great Lakes, but EGLE never considered alternatives that would be less harmful.” – Whitney Gravelle, Tribal Attorney for the Bay Mills Indian Community

“Our people – the Anishinaabe – have a teaching that any decision we make today must take into consideration a sustainable world for the next seven generations. It reminds us to understand that the decisions we make are not limited by the immediate concerns of today, but instead have implications long after we are gone. EGLE’s decision today approving the permits demonstrates they did not think of the next seven generations, let alone the people of Michigan today who will be harmed by the Tunnel Project.” – Whitney Gravelle, Tribal Attorney for the Bay Mills Indian Community

“Governor Whitmer’s administration entered into a Government-to-Government Accord supporting tribal consultation with the twelve Tribal Nations in the State of Michigan. This Accord included a commitment by the State to share information, participate in meaningful communication, and robust collaboration with Tribal Nations. The tribal consultation initiated by EGLE has been wholly inadequate throughout this entire permit process since the beginning. It is even more disappointing that EGLE would approve the permits knowing they have not shared all relevant information with Tribal Nations, who have a treaty-vested interest in the waters of the Great Lakes, nor received adequate feedback from Tribal Nations’ regarding their concerns with the Tunnel Project.”  – David Gover, Staff Attorney, Native American Rights Fund

“The agency’s decision to grant these permits is deeply troubling considering Enbridge did not provide the baseline information required to obtain such permits. The tunnel construction and the ongoing operation of the Line 5 pipeline will have devastating impacts all along its path throughout the Great Lakes, including within the treaty-protected Straits of Mackinac. We will continue to advocate before the Public Service Commission and Army Corps of Engineers to bring attention to the dangers posed by this project and seek denial of the remaining permits needed.” – Debbie Chizewer, Managing Attorney, Earthjustice