Citing a 1977 pipelines treaty with the U.S., the Canadian government on Monday asked a U.S. federal judge to halt proceedings considering Michigan Gov. Gretchen Whitmer’s order to shut down the controversial Line 5 oil and gas pipelines in the Straits of Mackinac.
According to the Detroit Free Press, in November of last year, Whitmer said she would be revoking Enbridge’s 1954 easement from the state to use the lake bottom for its twin pipelines, citing “Enbridge’s persistent and incurable violations of the easement’s terms and conditions,” and the potential dangers of an oil spill to Michigan’s environment and economy.
Line 5 ships 540,000 barrels per day of crude and refined products from Superior, Wisconsin, to Sarnia, Ontario, [providing nearly half the fuel supply to Canada’s two largest provinces, Ontario and Quebec, including providing everything from jet fuel for Toronto Pearson Airport to natural gas for home heating, reports CBC Canada.
But the state of Michigan ordered Enbridge to shut it down by May due to worries a leak could develop in a four-mile section running beneath the Straits of Mackinac in the Great Lakes. Michigan’s move incited a heated legal battle between the state and Enbridge, with the backing of the Canadian government.
Citing the 1977 pipelines treaty with the U.S. government
Gordon Giffin, a former U.S. ambassador to Canada, is representing the Canadian government. In a Monday letter to U.S. District Judge for Western Michigan Janet Neff, Giffin stated Canada earlier on Monday had “formally invoked … through diplomatic channels,” Article Six of the 1977 pipelines treaty with the U.S. government, which calls for negotiation between the two governments to resolve disputes over international pipelines.
The treaty has never been invoked before. Foreign Affairs Minister Marc Garneau said the government made the move to ensure Line 5 remains in operation. Line 5 is governed by a provision of the agreement guaranteeing uninterrupted transit of light crude oil and natural gas liquids between the two countries.
“In response to Michigan’s efforts to shut down Line 5, Canada has raised its significance for Canadian economic and energy security at the highest levels of the U.S. federal government,” he said in a media statement.
Giffin’s letter asks the court to delay any decisions on the pipeline to give the two countries room to negotiate.
