Heather Wright/The Independent

Enbridge officials say the company is considering its legal options after the Michigan Supreme Court revoked a permit to build a new concrete encased pipeline to replace an aging section of Line 5 in the Straits of Mackinac.

Enbridge has been trying to find a way to improve the international pipeline which brings hydrocarbons to Sarnia through Michigan for a decade. The company won a major victory when the Michigan Public Service gave approval to a plan to replace two lines in the waters of the Straits of Mackinac with one pipeline encased in concrete.

But a number of First Nations and environmental groups in Michigan appealed the ruling. July 31, the Michigan Supreme Court said Michigan Public Service had not properly assessed the environmental impacts of the replacement project and whether it would extend the life of Line 5 causing environmental damage. It deemed the permit invalid.

That means Enbridge will have to go back to Michigan Public Service for another study of the project which will also include evidence of whether allowing the fix will extend the length of operation of Line 5 and what damage that might cause to the environment.

“We disagree with the Court’s decision and are disappointed at the additional delay that remand will cause to a project that has already been under review for close to a decade,” said Enbridge Communications Stratigist Ryan Duffy in a statement.

“Despite the Michigan Public Service Commission’s rigorous, fact-based process in approving the replacement of the Line 5 pipeline segment into a deep underground tunnel, an approach specifically designed to enhance environmental protection of the Great Lakes while maintaining critical energy reliability for the region, there will be yet another lengthy delay.”

Duffy says the company is reviewing the opinion and assessing its legal options.

“What remains unchanged is our commitment to operating Line 5 safely and responsibly, incorporating enhanced safety measures in the Straits, and protecting Michigan’s natural resources for generations to come.”

Meantime, Sarnia Mayor Mike Bradley has written to both the federal and provincial government to see if Canada can lend a hand to move the project forward.

“The Michigan ruling highlights the vulnerability of relying on critical energy infrastructure outside our borders and reinforces the need for an all-Canadian solution, such as the proposed Northern Shield project, to strengthen energy security, protect supply, and advance Canadian energy sovereignty,” wrote in a letter to both Ontario Energy Minister Stephen Lecce and federal Energy and Natural Resources Minister Tim Hodgson Tuesday.

“What specific steps is your government taking to protect the jobs that depend on Line 5 and ensure the long-term security of Canada’s energy infrastructure? Further, what roll can the City of Sarnia and the broader Sarnia-Lambton community play in supporting these efforts?”

He added Sunday this ruling, which directly affects thousands of jobs in Sarnia, Quebec and Michigan, “does make the case why we need the Northern Shield pipeline.” That project would bring 500,000 barrels of oil from Alberta to Sarnia – reducing the dependency on the US for energy needs – and is in the development stages.

“That’s years away,” Bradley added.