Federal Pipeline Regulator Rarely Enforces Safety Rules, New Analysis Shows

"Enbridge, which operates the controversial Line 5 pipeline, is currently embroiled in legal battles with state officials over efforts to shut down a four-mile segment of the pipeline operating in the Straits of Mackinac, where Lake Michigan and Lake Huron meet. Opponents have referred to the more than 70-year-old pipeline as a ticking time bomb, citing a previous spill from Enbridge's Line 6B and multiple anchor strikes which dented the dual pipelines and damaged structural supports as causes for concern."

"Enbridge maintains that the pipeline is operating safely as it seeks to replace the two segments operating in the Straits of Mackinac with a new segment housed inside a maintenance tunnel beneath the lakebed. In 2020, Michigan Gov. Gretchen Whitmer revoked the pipeline's easement to operate on the bottomlands of the Great Lakes, citing environmental concerns and the state's responsibility to preserve natural resources in the public trust."

"Enbridge successfully argued in court that federal law prevents states from placing safety regulations on interstate pipelines, with the Pipeline and Hazardous Materials Safety Administration holding exclusive authority over pipeline safety regulations. Whitmer has appealed the decision. While attorneys for a major Canadian pipeline company argue that federal regulators hold sole authority in regulating pipelines across the country, a recent report argues that national-level oversight is not strict enough to prevent oil spills and other safety concerns."

Enbridge operates the Line 5 pipeline and is involved in legal disputes with Michigan officials over shutting down a four-mile segment in the Straits of Mackinac. Opponents describe the more than 70-year-old pipeline as a major safety risk, citing a prior Line 6B spill and anchor strikes that dented the pipelines and damaged structural supports. Enbridge says the pipeline is operating safely and plans to replace the Straits segments with a new section inside a maintenance tunnel beneath the lakebed. In 2020, Michigan revoked the pipeline easement due to environmental concerns and the state’s public trust responsibilities. Enbridge argued that federal law bars states from imposing safety regulations on interstate pipelines, with PHMSA holding exclusive authority; Michigan has appealed.

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