Enbridge Inc. kept its Line 5 crude oil pipeline operating May 12 as the company fought in court against Gov. The state argued its case for the closure in Ingham . The company paid the state of Michigan $2,450 for an easement for a portion of its pipeline on the lake bottom of the Straits of Mackinac. The pipeline diverges into two lines under the Straits of Mackinac, an environmentally sensitive region connecting Lake Michigan and Lake Huron. Dive Brief: The costs for Enbridge's Line 3 oil pipeline replacement project from Alberta, Canada, to Superior, Wisconsin, have increased from $8.2 billion Canadian dollars ($6.5 billion) to CA$9.3. Landowners retain ownership of the right-of-way, and in return for compensation, Enbridge is granted the right to construct, operate and maintain the pipeline along this strip of land. The state argues that Enbridge has been an international trespasser in the Straits for six months since refusing to shut down its oil pipeline without the backing of a court order. LIne 3 runs 337 miles from Alberta, Canada to Superior, Wisconsin. Gretchen Whitmer and Michigan Department of Natural Resources Director Dan Eichinger on Friday notified Enbridge that a 1953 easement allowing it to operate dual pipelines in the . Earthjustice, in partnership with the . Enbridge's continuing and ongoing violations of the 1953 Easement, public trust law, and the Michigan Environmental Protection Act ("MEPA") are more fully described in the attached Memorandum. agreement gives Enbridge certain rights to build, maintain and operate the pipeline, the landowner retains ownership—and, in most cases, use of the land within the easement agreement (with certain limitations). Canadian pipeline operator Enbridge Inc said on Tuesday it had filed a federal complaint in the U.S. District Court seeking an injunction to stop the State of Michigan from taking any steps to . She revoked an easement last November that Michigan had granted in 1953 for the pipes to occupy the lake bottom and ordered them closed by May 12. Enbridge v Whitmer et al was filed in federal court on Nov. 24, 2020 as a response to Whitmer filing her own lawsuit to shut down the pipeline. Brian also assisted Wisconsin landowners in their battle against Enbridge, the largest pipeline company in the world, and after Brian's involvement resisting Enbridge's Wisconsin Public Service Commission application, the pipeline company re-routed around all of Brian's clients, the WEAT landowners, and they declared victory. Michigan Gov. More:Whitmer to revoke Enbridge oil pipeline easement in Straits of Mackinac. WATCH ABOVE: (From Oct. 5, 2021) Ottawa is invoking Article Six of the 1977 Transit Pipelines Treaty to stop Michigan from shutting off Enbridge's Line 5 pipeline. Gretchen Whitmer's decision to revoke a nearly 70-year-old easement for an underwater Enbridge Inc . South Dakota Easement Team (S.D.E.T.) Michigan provided notice to Enbridge of its revocation of the easement through its Department of Natural Resources (MDNR) and ordered Enbridge to shut down the Line 5 pipeline by May 2021. That day — June 27, 2019 — was also when Attorney General Dana Nessel filed a countersuit against Enbridge to decommission Line 5 on grounds of public trust . More recently, in 2018, in exchange for extension of Enbridge's reservation easement through 2039 for the Line 3 project, Enbridge paid the Fond du Lac Band an undisclosed sum and agreed to offer . obtaining an easement, permit or license. Enbridge first secured easements for its pipeline from the Bad River tribe in the 1950s, renewing them in the 1970s and the 1990s. CALGARY, AB and LANSING, Mich., Jan. 12, 2021 /CNW/ - Today Enbridge Inc. (TSX: ENB) (NYSE: ENB) (Enbridge or the company) responded to Michigan Governor Gretchen Whitmer's attempt to terminate an easement that has been in place since 1953 and thereby close Enbridge's Line 5 dual pipelines located in that easement. The Army Corps of Engineers announced on June 23 that it would perform an environmental impact statement on Line 5. Evidence of these violations has continued to mount. After construction, the pipeline rested on the lakebed largely unnoticed by the public until 2010, when two massive oil spills hit headlines. Whitmer's order said granting the easement in a busy shipping lane vulnerable to anchor strikes was a mistake and Enbridge had made things worse, repeatedly violating a requirement that the . A shutdown of the line could send gas prices soaring, particularly in Toronto. Law360 (November 17, 2021, 2:35 PM EST) -- Michigan's lawsuit against Enbridge over the state's revocation of an easement for an underwater segment of the company's Line 5 crude oil pipeline will . 61 miles of NGL pipelines, 5 active natural gas processing plants More Info Anadarko Basin in the Texas Panhandle and Western Oklahoma: East Texas System: Enbridge Energy Partners, L.P. and Midcoast Energy Partners, L.P. 4,000 miles 176 miles of NGL pipelines, 6 active natural gas processing plants, 5 active natural gas treating plants More Info Bossier Sands and Haynesville Shale in Eastern . In January, the Bad River Band of the Lake Superior Tribe of Chippewa Indians voted not to renew easements that allowed the pipeline to . Activists occupy construction equipment at an Enbridge Line 3 pump station near Park Rapids, Minn., on June 7, 2021. Michigan Easement Challenges Line 5 was constructed in 1953 as part of a pipeline system linking oil fields in Alberta, Canada, to refinery markets in the Great Lakes region. Enbridge, for its part, said the pipeline is safe, as evidenced by the recently granted PHMSA approval of the replacement project. Pipeline rights-of-way are acquired from landowners, other utilities or government entities by obtaining an easement. ENBRIDGE INC. This suit seeks a court ruling establishing that the Pipeline and Hazardous Materials Safety Administration (PHMSA), not the state, has sole regulatory authority over Line 5 regulation. Legal fight takes aim at tribal council members opposing project Mary Annette Pember Indian Country Today Enbridge is getting personal with the Bad River Ojibwe tribe over the company's Line 5 . In 2017, the tribal council voted not to renew the easement and filed a federal lawsuit in 2019 against Enbridge, demanding the company discontinue the flow of petroleum products through the line and remove it from the reservation. In November, the Michigan governor, Gretchen Whitmer, announced a plan to revoke the easement granted to Enbridge, which permits Line 5 to cross under the Straits of Mackinac. Enbridge's Line 5 pipeline carries 23 million gallons of crude oil and natural gas between Superior, Wisconsin, and Sarnia, Ontario. Pipeline rights-of-way can be identified by the pipeline markers, which include the name of the operator, emergency contact information and a general description of the product in the pipeline. According to Enbridge vice president and president of liquids pipelines, Vern Yu, Line 5 is still very viable. Martineau helped create one of the Enbridge training videos Goward watched, and has been one of the strongest voices opposing the pipeline. In November, Gov. With direct access to North American supply basins and the ability to serve markets in the mid-west, eastern Canada and the U.S. Northeast, Dawn Hub is a reliable, secure and liquid natural gas trading hub. Enbridge is refusing to comply and continues to operate the pipeline. Enbridge Inc. (Enbridge or the company) has responded to Michigan Governor Gretchen Whitmer's attempt to terminate an easement that has been in place since 1953 and thereby close Enbridge's Line 5 dual pipelines located in that easement. When Enbridge Line 5 was built in 1953, the notion of tribal consultation was often overlooked by states and corporations. The easements expired in 2013. Although Enbridge's 1953 easement with the state of Michigan specifies the pipeline must have anchor supports across any gaps in the lakebed span greater than 75 feet, a 2003 survey identified 16 . Michigan's Governor Gretchen Whitmer said in November she is terminating the easement that allows Enbridge to operate its Line 5 pipelines, as the company failed to protect the U.S. Great Lakes by. The Line 3 pipeline is an oil pipeline owned by the Canadian multinational Enbridge.Operating since 1968, it runs 1,031 miles (1,659 km) from Hardisty, Alberta, Canada to Superior, Wisconsin, United States.. Line 5 is part of Enbridge's Lakehead network, which carries oil and liquids used in propane from western Canada to . Gretchen Whitmer's termination of an easement that has been in place . Formerly known as Lakehead Pipeline Company, Enbridge sought renewal of rights of way with the Band for the existing line that was constructed in 1953 and runs through 12 miles of land on the reservation. If the property is sold, the rights and responsibilities under the easement will stay with the property under the new owner. In early 2016, Enbridge finally disclosed new information about pipeline dents, 36 cracks and . Enbridge obtains property interests from a landowner in a legal document called a Grant of Easement. If it spills, Line 5 could contaminate the world's largest source of fresh surface water. However, Bad River had reacquired interests in 11 of the 15 parcels of land within the grant of easement rights . Ontario-based Enbridge Inc., which owns and operates the Line 5 dual pipelines in the Straits of Mackinac, says it will not close the pipelines, which transport fuel to Michigan, neighboring U.S. states, and Canada. (The pipeline currently carries products from both Canadian and domestic sources.) Gretchen Whitmer's order to close the line. The governor and attorney general could move to revoke the 1953 easement, granted by the state, that Enbridge relies on to legally cross the Straits of Mackinac with its pipeline. The Friday announcement followed a long-awaited review of Enbridge's compliance with a 1953 state easement that allows Enbridge to operate its pipeline in the Straits. Before that can . Concerns about the safety of the pipeline led Enbridge to reduce its capacity. Enbridge currently owns an 80 foot wide easement the length of Wisconsin and Illinois in which it owns and operates four pipelines. Last month, more than 50 Water Protectors from the camp she helped set up occupied a pipeline easement while two people locked themselves to an excavator, temporarily shutting down the work site. The easement was obtained by another pipeline company in 1968 and it runs primarily through private property. The Michigan Department of Environment Great Lakes and Energy has approved Enbridge's plans to relocate a section of the Line 5 pipeline. But Whitmer's office said Enbridge "has failed for decades to meet these obligations under the easement, and . Canada's Enbridge Inc (ENB.TO) will continue to operate its Line 5 despite an order from the U.S. state of Michigan to shut down the crude oil pipeline next week, Chief Executive Al Monaco said on . Enbridge's continuing and ongoing violations of the 1953 Easement, public trust law, and the Michigan Environmental Protection Act ("MEPA") are more fully described in the attached Memorandum. TRANSCANADA PIPELINE & ENBRIDGE CRUDE OIL PIPELINE EASEMENT. Enbridge maintains that the the Line 3 project is "safety and maintenance driven," replacing an aging pipeline with a safer one made of thicker steel with more advanced coatings. In early 2016, Enbridge finally disclosed new information about pipeline dents, 36 cracks and . in november 2020, after completing a detailed review by the department natural resources of enbridge's compliance with the 1953 easement that allowed enbridge to construct the pipelines, governor whitmer and dnr director eichinger issued a notice revoking the easement based on the public trust doctrine (using the essentially same grounds as ag … The Mackinac Bridge is visible from an easement marker above the Enbridge Line 5 pipeline on the northern shore of the Straits of Mackinac on Wednesday, Sept. 23, 2015. Enbridge remains confident that Line 5 continues to operate safely and that there is no credible basis for terminating the 1953 Easement allowing the Dual Line 5 Pipelines to cross the Straits of . Enbridge has filed a federal complaint in the United States District Court for the Western District of Michigan seeking an . Michigan first granted Line 5's easement through the straits in 1953. Whitmer in November said she was . While this provides us with the necessary rights to build, operate and maintain pipeline facilities authorized by the Federal Energy Regulatory Commission (FERC), the actual ownership of the property remains with the landowner. Gretchen Whitmer's November revocation of the pipeline's 67-year-old easement and. "With respect to all lots and blocks in the Plan, Purchasers/Tenants are advised that dwellings within this Plan are located in proximity o. Enbridge is framing Line 3 as a replacement project for the existing pipeline that was first installed in the 1950's. Pipeline opponents, however, note that the project is actually creating a new, larger gauge line that can carry tar sands oil. Opponents and water protectors have created several camps along the Line 3 route . Enbridge has been facing political pressure over Line 5. Whitmer says the state will revoke a 1953 easement to extend a four-mile segment of the pipeline running beneath the . Seeking to shut down Enbridge's (ENB-0.7%) Line 5 pipeline, Michigan Gov. Whitmer in November moved to revoke Enbridge's 1953 easement to situate the pipelines on state-controlled bottomlands near where Great Lakes Michigan and Huron connect, citing repeated violations . ADVERTISEMENT . The MDNR provided two broad grounds for the revocation, the first being Enbridge's violation of the public trust doctrine and the second its violations and breach of the standard of care set forth in the . (Evan Frost/Minnesota Public Radio) If Enbridge wants to abandon a pipeline, we apply to the NEB for approval of our abandonment plan. Eric Sorensen explains how the . Enbridge sues Michigan over Line 5 easement revocation. But in 2017, the Lac Courte Oreilles Band of Lake Superior Chippewa agreed to a new long-term easement for two Enbridge pipelines that run through its reservation in northwestern Wisconsin and are . Easements are legal agreements between landowners and Enbridge. Enbridge Rejects State's Notice on Easement, Says State's Action is Unlawful . Enbridge Energy does not plan to stop operations on its Line 5 oil and natural gas liquid pipelines despite Gov. The easement requires Enbridge to exercise due care in operating the pipelines, and also requires Enbridge to satisfy numerous specific conditions, such as ensuring that the pipelines are physically supported at least every 75 feet, are covered by a multi-layer coating to prevent corrosion and other physical damage, and are within certain curvature limitations. Enbridge, however, has failed . Enbridge insists the segment is in good condition and says its loss would cause economic damage in both countries, a position shared by the Canadian government, which filed a legal brief Tuesday in support of the company. The NEB Act requires Enbridge to consult with landowners prior to any abandonment of a pipeline, to provide information on our plans, respond to questions and understand any concerns. In . Over its history, the pipeline has been the source of millions of gallons of oil spills, including a 1991 oil . Enbridge respond to Michigan Governor's attempt to revoke Line 5 easement Wednesday, 13 January 2021 14:24 . Last year, Whitmer announced she would be revoking Enbridge's 1954 easement from the state to use the lake bottom for its pipelines, citing "Enbridge's persistent and incurable violations of the . However, Enbridge argues . The 50-year easement for the two pipelines expires in 2018 and under the previous agreement Enbridge never had to make any payments to the tribe. Michigan Attorney General Dana Nessel also filed a . In addition to . Fifteen individual grants of easement rights of way for Line 5 expired in 2013. In November 2020, Whitmer revoked Line 5's 1953 easement through the Straits and ordered Enbridge to close it within six months, or by May 12. View Northern American pipelines map. In November, Whitmer revoked the pipeline's easement through the Straits of Mackinac and ordered it closed within six months or by May 12. Many landowners are not aware of the rights the easement gives to Enbridge over their property. Whitmer issued the order after she terminated the pipeline's 1953 easement. "Line 5 remains safe, as envisioned by the 1953 Easement, and . Under the new 25-year agreement approved by the tribal governing board on Tuesday, Enbridge will make an initial payment of 3.6 million dollars to the tribe followed by another payment of 3.6 million dollars in 2018 and 2019. Enbridge is seeking Minnesota's approval to build a new pipeline to replace its aging Line 3, which would expand capacity and carve a new path for pipelines across the state. Gretchen Whitmer to notify Enbridge it must permanently stop operating the dual-span pipeline within 180 days. Line 5 enables the safe transport of fuel to heat homes and provides energy to Michigan, neighbouring US states and Canada's two largest provinces. The . Enbridge Easement Revocation Spurs Fresh Pipeline Review By Clark Mindock Law360 (December 10, 2020, 5:14 PM EST) -- The Michigan Public Service Commission has asked an administrative judge to look at how Gov. Whitmer ordered the department to conduct a thorough review of Enbridge's 1953 easement with the state of Michigan last June, after her negotiations with Enbridge fell through and the company filed a lawsuit against the state. In those days, pipeline construction was a simple matter. Service Area & Pipeline Maps North American pipelines map. Nov. 25, 2020. "Line 5 remains safe, as envisioned by the 1953 Easement, and as recently validated . Minnesota judge orders police away from pipeline protest camp. They do not depict all of our community investments from 2021, which totaled about US$16.6 million or C$21.1 million . Evidence of these violations has continued to mount. Enbridge Gas Dawn storage is well situated with direct access to North . "The dual pipelines are vulnerable to anchor strikes, similar dangerous impacts, and the inherent risks of pipeline operations." The state said Enbridge's easement requires the company to exercise due care in operating the pipelines and to satisfy numerous specific conditions. In her . Michigan Governor Gretchen Whitmer and the director of the state's Department of Natural Resources revoked Enbridge's easement for the operation of the twin Line 5 pipeline last November, citing . A state's statement said Enbridge has committed "persistent and incurable" easement violations, prompting Gov. Today's announcement is in response to Michigan Gov. Enbridge Energy has filed suit in federal court against Whitmer and the DNR, challenging the state's decision to revoke the company's Line 5 easement Enbridge's predecessor—Lakehead Pipe Line Company—was granted an Abandonment must be consistent with the terms of the easement agreement with the landowner. The individual community investments on our interactive map represent a cross-section of the thousands of grants and donations offered by Enbridge each year in the states and provinces where we operate—and are intended to convey the depth, breadth and diversity of our giving. If the easement were pulled, Enbridge would have to stop flowing oil and natural gas products like propane through its Line 5 pipeline, which connects Western Canadian oil and gas production with refineries in Ontario and across the U.S. Midwest. pipeline impacts the review of the company's application to move the line. Gretchen Whitmer revoked the pipeline's 1953 easement through the Straits and ordered Enbridge to close it within six months, or by May 12. Whitmer's office notified Canadian company Enbridge that it was revoking an easement granted 67 years ago to extend a roughly 4-mile section of the pipeline through the Straits of Mackinac. A blockade of a campsite based on an easement issue could deprive its owners of their constitutional rights, the judge ruled. Citing repeated and routine refusals by Enbridge to address safety concerns surrounding the 6.4-kilometre Straits of Mackinac section of its Line 5 pipeline, Michigan governor Gretchen Whitmer has terminated the easement that allowed the pipeline to operate. Enbridge Gas storage. (Reuters) - Michigan Governor Gretchen Whitmer informed Enbridge on Friday that it is terminating the easement that allows the Canadian pipeline company to operate its Line 5 pipelines below the. Enbridge Energy Co. urged a Wisconsin federal court to dismiss four out of six counts in a suit filed by the Bad River Band of the Lake Superior Tribe of Chippewa Indians seeking to shut down its Line 5 pipeline, saying those counts are foreclosed by federal law. 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