The plan to place the Line 5 pipeline in an underground tunnel beneath the Straits of Mackinac is currently in limbo.
Governor Gretchen Whitmer told state agencies to halt work on the tunnel project last week following a ruling from the Attorney General that the statute behind the project is unconstitutional.
The move met resistance from Senate Majority Leader Mike Shirkey. In an interview with Bridge Magazine Shirkey said a suit against the decision could be brought by the Mackinac Straits Corridor Authority, which was set to oversee the tunnel.
Mike Nystrom is Chairman of the Authority. He said he does not believe the Authority can bring a suit because the Attorney General’s ruling abolished the Authority.
“Therefore making it tough for the Authority to be the one to bring legal action against the decision.”
A spokesperson for the Attorney General said the ruling did not “abolish” the Corridor Authority but rather found that it was void from the beginning.
He said he hopes there’s a way the project can still move forward.
“My hope is that cooler heads prevail here and the Governor and Enbridge can come together and figure out a new path forward on getting this project completed.”
Nystrom said if any litigation is going to be brought against the decision it will have to be by Enbridge Energy, which oversees the pipeline.
Officials with Enbridge Energy said they will be working with the administration on a path forward.