The agency can evaluate the need for the project and whether it would be designed, constructed and operated safely, Judge
The split decision suggests the commission, which regulates public utilities such as electric power, telecommunications and natural gas services, might play a pivotal role in determining whether the project goes forward.
“We look forward to working with the
Environmental groups fighting the tunnel plan praised the judge's finding that the commission could weigh the project's safety but also expressed disappointment that he limited the inquiry.
“We believe
The Canadian energy transport company operates Line 5, which daily carries about 23 million gallons (87 million liters) of crude oil and natural gas liquids used in propane. It runs between
A more than 4-mile (6.4-kilometer) section divides into two pipes that run along the bottom of the Straits of
Democratic Gov.
The public service commission has a say over the company's plan because it would need to approve relocating Line 5.
But in his ruling, Mack concluded that the pipeline and tunnel were “inextricably connected."
While the commission would not decide whether to approve the tunnel, it would question whether the pipeline relocation would serve a public need, is designed and routed reasonably, and would "satisfy applicable safety and engineering standards,” he noted.
Mack agreed with
It's appropriate for the commission to consider whether the pipeline relocation would comply with the Michigan Environmental Policy Act, relying on state and federal agency experts, Mack said.
But he said there was no legal basis for making global warming caused by fossil fuels transported through the pipeline a factor in the commission's decision. Environmentalists said they would appeal that part of his ruling.
“There is no getting around the fact that building a new oil tunnel to operate for up to 99 years would exacerbate climate change," said
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