Earlier this year, the U.S. Army Corps of Engineers (USACE) delayed the Line 5 tunnel by pushing back its deadline on whether to grant Enbridge a permit into 2026.
Now, Enbridge is asking a state board for help in advancing the USACE's review of the project.
The Mackinac Straits Corridor Authority (MSCA) met Monday and discussed their legal options in potentially aiding the permitting process.
During the meeting, MSCA consultants Mike Mooney and Ryan Mitchell presented a list of risks associated with the tunnel project. Risk ranged from potential technical issues with the tunnel and construction to legal and financial concerns.
Mitchell said all actions have been taken to either address or mitigate these risks, but he said the USACE permit delay presents one of the bigger challenges.
“The tunnel project itself was determined to be the most feasible and appropriate mitigation for the risk associated with the location of the pipeline [in the Mackinac Straits]," Mitchell said, "and delays to implementation of this project perpetuate that risk."
Mitchell added that the project's extended duration increases the possibility of the MSCA’s funding running dry and staff turnover.
Enbridge representative Tom Schwartz spoke at the meeting about the company's recent letter, which details their frustration with the prolonged timeline. He said he understands that no one is entitled to a permit, but is “perplexed by the Corps’ unorthodox process.”
Schwartz said the MSCA could "help" shorten the timeline by “participating in the permitting process in whatever way possible, to provide the voice of the ultimate owner and of a very interested party with expertise to lend.”
“...because it would provide more than just Enbridge advocating in a positive fashion for the project to get underway,” Schwartz said.
Tunnel critics argue it's not the responsibility of the MSCA, the tunnel's oversight body, to get involved in the USACE review.
When the USACE announced the new timeline in March, the Corps said the extension was made to ensure a more “thorough analysis" of the project.
The June debt ceiling deal included provisions to shorten the duration of federal environmental reviews, but the law has not affected the tunnel's timeline.
Enbridge representative Anna Mooney mentioned the deal's potential impacts at the Oct. 2 MSCA meeting.
"Our legal team has taken a look and believes there is some ability to shorten the timeline under the confines of the Debt Ceiling Reduction Act," Mooney said. "But I don't know if those beliefs are— or I'll say this, I don't know if there's that agreement with the Army Corps of Engineers."
In addition to the USACE permit, Enbridge is still missing a permit from the Michigan Public Service Commission, which would allow the company to relocate a section of Line 5 into the tunnel.
For the full meeting, visit the Michigan Department of Transportation YouTube channel.
