Gov. Whitmer Takes Legal Action to Get Line 5 Out of the Water, Protect Great Lakes

FOR IMMEDIATE RELEASE

August 28, 2026

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Gov. Whitmer Takes Legal Action to Get Line 5 Out of the Water, Protect Great Lakes

Responds to Enbridge's lawsuit against state of Michigan for revoked easement, asserts that Michigan must have a say in whether Enbridge can pump oil through the straits of Mackinac

LANSING, Mich.-Today, Governor Gretchen Whitmer filed a response brief in Enbridge's lawsuit over the Line 5 dual pipelines, which sit exposed on the lakebed in the Straits of Mackinac and transport oil through the Great Lakes. Enbridge filed the lawsuit in 2020, after the Governor and the Director of the Michigan Department of Natural Resources revoked Enbridge's easement. Governor Whitmer's brief challenged Enbridge's claim that it can continue to pump oil through the Great Lakes regardless of what the State of Michigan says and reiterated that Line 5 constitutes an unparalleled risk to the public and the health of the Great Lakes.

"The Great Lakes power Michigan's economy, supply drinking water to millions, and define our way of life," said Governor Whitmer. "Protecting these natural treasures is a top priority. My brief continues my seven-year fight to stop Enbridge from pumping oil through the Great Lakes. Michigan must have a say in what runs through our waters. We must get Line 5 out of the water and work together to protect our precious Great Lakes for generations to come."

The Great Lakes are home to 21% of the world's fresh surface water. The lakes supply drinking water for more than 40 million people and support a $9.3 trillion regional economy, including hundreds of thousands of jobs in Michigan. The Line 5 pipeline is a ticking time bomb that could lead to an oil spill in the Great Lakes, which would put families and small businesses across the region at risk.

Enbridge has a troubling environmental record. Most notably, an Enbridge pipeline ruptured in 2010, causing one of the worst inland oil spills in U.S. history and dumping one million gallons of oil into a tributary of the Kalamazoo River.

In November of 2020, Governor Whitmer and Dan Eichinger, then-Director of the Department of Natural Resources, notified Enbridge that they were revoking and terminating the 1953 easement. The easement had allowed Enbridge to transport petroleum and other products through the Straits of Mackinac. Enbridge challenged the action in federal court, arguing that the State of Michigan, having once said "yes" in 1953 to running an oil pipeline through the Great Lakes, is forever bound by that decision and cannot even enforce the conditions of operation Enbridge agreed to. For years, and once again with today's filing, Governor Whitmer refuted that position, stating that the Mackinac Straits belong to the People of Michigan, not to oil companies or the federal government.

The brief is attached to this release.

"Enbridge's brief is heavy on policy and light on law. It scarcely engages with the State Officials' arguments. Instead, Enbridge seeks to lock in the benefits of the 1953 easement in perpetuity-while evading its own obligations… Enbridge is wrong."

Protecting the Great Lakes & Water

Since taking office, Governor Whitmer has taken action to protect the Great Lakes and Michigan's tourism industry, both of which are critical to the state's economy, history, and way of life. She signed game-changing clean energy legislation to enact a 100% clean energy standard by 2040 and protect Michigan's precious natural resources. She established and funded the MI Clean Water plan, an over $4.6 billion investment to protect the Great Lakes from pollution and help communities across the state upgrade their water infrastructure. She signed legislation requiring school and childcare centers to install clean drinking water filters. She secured a commitment from the federal government in support of the Brandon Road Project, protecting the Great Lakes from invasive carp. She also secured over $600 million for Michigan parks and public lands through the Building Michigan Together Plan as well as bipartisan budgets. Michigan also continues to enforce the strongest Lead and Copper Rule for drinking water in the country and established health-based standards for PFAS in drinking water supplies.

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