LINE 5 AGAIN

 

STILL UNDER THE WATER AND UNDER THE RADAR

   Just over a couple of years ago I wrote about Line 5 and in the post you will see a picture of the the Sarnia-Lambton MP, Marilyn Gladu pointing toward a sign indicating that many in the area would lose jobs if Line 5 was shutdown. Background was provided along with some sources and you can read it here. 

  If you are like many others, you probably don't recognize Line 5 which is not as well known as Keystone or even the long ago Maginot. It carries fossil fuels from Alberta all the way to Sarnia and beyond. It helps keep things running and people warm. A couple of years ago, Governor Gretchen in Michigan ordered it shut down, which is why I wrote about it. Now a judge in Wisconsin again has ordered it shut off. Canada has objected again and the oil continues to flow. 

  I find it curious that the issue is not much discussed. The more recent Line 5 ruling involves Indigenous rights because the pipeline passes through land occupied by the Lake Superior Chippewa in Wisconsin. I can understand why many don't care about that and I realize that it is likely that you are about to stop reading.

  But, the earlier shut down ordered by Governor Whitmer was requested because of environmental concerns. The pipeline, you see, runs under the Straits of Mackinac and it is argued that a rupture of it would be devastating for not just one Great Lake. Line 5 turned 70 this year and perhaps, in 'pipeline years', it is older than both President Biden or aspirant Trump and age is a factor that should be considered. As well, pipelines can be treated just as roughly as presidential candidates.  Plus, there have been other spills involving Enbridge pipelines including one fairly close by in the Kalamazoo River.

  Even more curious is the fact that it is the Canadian government that opposes the shutdown. It would be less curious, perhaps, if the government was a Tory one. It is not surprising, however, that even Trudeau wants to keep things as is, since state, provincial, federal, international, Indigenous, labour and environmental actors are involved and most Canadians seem not to be worried about a pipe that may not burst.

Sunset on the Mackinac Straits

  Sources:

   This recent piece explains the situation well. It is found in a publication with a fine subtitle: "Michigan Pipeline Standoff Could Affect Indigenous Rights Across the US," Mike Shriberg, The Conversation: Academic Rigour, Journalistic Flair, August 16, 2023. It was republished in The Detroit Free Press on Sept.10, under this title: "Proxy Fight in Straits Could Decide Who Gets to Draw a Line in Sand." The text is presented here and parts of it are bolded by me for emphasis. It is followed by the more recent shutdown ruling.

As the author of the article says at the end, "Your Turn."

The article:

"Should states and Indigenous nations be able to influence energy projects they view as harmful or contrary to their laws and values? This question lies at the center of a heated debate over Enbridge Energy's Line 5 pipeline, which carries oil and natural gas across Michigan and Wisconsin.

Courts, regulatory agencies and political leaders are deciding whether Enbridge should be allowed to keep its pipeline in place, with upgrades, for another 99 years. The State of Michigan and the Bad River Tribe in Wisconsin want to close the pipeline down immediately.

My expertise is in Great Lakes water and energy policy, environmental protection and sustainability leadership. I have analyzed and taught these issues as a sustainability scholar, and I have worked on them as the National Wildlife Federation's Great Lakes regional executive director from 2015 until early 2023.

In my view, the future of Line 5 has become a defining issue for the future of the Great Lakes region. It also could set an important precedent for reconciling energy choices with state regulatory authority, and Native American rights.

A Canadian pipeline through the US Midwest

Line 5, built in 1953, runs 643 miles from Superior, Wis., to Sarnia, Ontario. It carries up to 23 million gallons of oil and natural gas liquids daily, produced mainly from Canadian tar sands in Alberta.

Most of this oil and gas goes to refineries in Ontario and Quebec. Some remains in the U.S. for propane production or processing at refineries in Michigan and Ohio.

Controversy over Line 5 centers mainly on two locations: the Straits of Mackinac, and the Bad River Band Reservation in Wisconsin, where the pipeline crosses tribal land.

Line 5 crosses through the open water of the Straits of Mackinac in twin pipelines that rest on the lake bottom in some stretches, and are suspended above it in others. The route lies within an easement granted by the State of Michigan in 1953.

The Straits of Mackinac are one of the most iconic settings in the Great Lakes. They include hundreds of islands and miles of shorelines rimmed with forests and wetlands. Scenic Mackinac Island in Lake Huron, a popular resort area since the mid-1800s, is Michigan's top tourist destination.

The straits also have long been spiritually important for Great Lakes tribes. Michigan acknowledges that the Chippewa and Ottawa peoples hold treaty-protected fishing rights that center on the Mackinac region.

The Line 6b spill

In 2010, another Enbridge pipeline, Line 6b, ruptured near the Kalamazoo River in southern Michigan, spilling over 1 million gallons of heavy crude. Line 6b is part of a parallel route to Line 5, and the cleanup continues more than a decade later.

The spill, and Enbridge's slow, bungled response and lack of transparency, led to scrutiny of other Enbridge pipelines, including Line 5.

In a 2014 analysis, University of Michigan oceanographer David J. Schwab concluded that the Straits of Mackinac were the "worst possible place" for a Great Lakes oil spill because of high-speed currents that were unpredictable, and reversed frequently. Within 20 days of a spill, Schwab estimated, oil could be carried up to 50 miles from the site into Lakes Michigan and Huron, fouling drinking water intakes, beaches and other critical areas.

This, and other research, intensified a burgeoning advocacy campaign by pipeline opponents, including regional and national environmental organizations, Indigenous leaders and advocates and a newly formed network of local and regional businesses.

Pipeline supporters include the American Petroleum Institute and others in the fossil fuel industry, many conservative lawmakers, several key labor unions and the government of Canada. They argue that the current pipeline is safe, violates no federal laws and is a key piece of infrastructure that helps keep energy costs low.

Michigan revokes its easement

After years of scrutiny, including the formation of the Michigan Pipeline Safety Advisory Board and two expert reports commissioned by the state, analyses showed that Enbridge was violating provisions of its easement. Most notably, the section of Line 5 that ran under the straits lacked proper anchors and coating, increasing the threat of a rupture. The state concluded that the easement violated the public trust doctrine — the idea that government should protect certain natural resources, including waterways, for public use.

State reports concluded that the highest risk for rupture was from anchor strikes. Environmental nongovernment organizations found that Line 5 had already leaked more than 1 million gallons of oil and natural gas liquids. On April 1, 2018, a boat anchor struck the pipeline and nearly ruptured it, temporarily shutting Line 5 it down.

In 2019, Gov. Rick Snyder was succeeded by Gretchen Whitmer, who pledged in her campaign to close Line 5. Seeking to avert a shutdown, Enbridge proposed building a tunnel beneath the lake bed to protect the pipeline.

But after more analysis — and another anchor strike that temporarily shut down the pipeline again — Whitmer issued an order in November of 2020 revoking Enbridge's easement and giving the company six months to close Line 5. The state sought a court order to support its decision.

Instead of accepting state orders, Enbridge resisted. The company argued that Michigan lacked authority to tell it how to manage the pipeline, that the project had not required an easement in 1953, and that building the tunnel would mitigate any risks.

Enbridge sued Michigan in federal court, arguing that pipeline safety regulation was a federal issue, and that the state had no authority to intervene in what was essentially international commerce.

Challenging state and tribal authority

Enbridge also faced pressure from the Bad River Tribe in Wisconsin, where some 12 miles of the pipeline runs through the Bad River Band reservation and across the Bad River. Enbridge's easement on parts of the reservation expired in 2013, and in 2017 the tribal council voted to evict Enbridge from their land, calling the pipeline a threat to the river and their culture.

When Enbridge continued operating Line 5, the tribe sued the company in federal court in 2019, charging it with trespass, unjust enrichment and other offenses, and sought to get the pipeline closed.

Today, Michigan's case against Enbridge is bogged down in jurisdictional battles. But on June 16, 2023, the federal judge overseeing the Bad River case ruled largely in favor of the tribe and ordered Enbridge to stop operating the pipeline on tribal land within three years. Enbridge vowed to appeal the ruling, but is also seeking permits for a 41-mile reroute of Line 5 around the reservation.

A national precedent

Line 5 is more than a Michigan issue. It has become a focus for national activism and is a major diplomatic issue between Canada and President Joe Biden, who has worked to balance his ties with organized labor and his support for a clean energy transition, and has avoided taking a side to date.

To continue operating Line 5, Enbridge will have to convince the courts that its interests and legal arguments outweigh those of an Indigenous nation and the State of Michigan. But if the courts rule against Enbridge, it would be the first time an active fossil fuel pipeline has been closed due to potential environmental and cultural damage.

The outcome could set a precedent for other pipeline and fossil fuel infrastructure battles, from the mid-Atlantic to the Pacific Coast. Ultimately, in my view, Line 5 is an under-the-radar but critical proxy battle for how, when and under what authority the phasing out of fossil fuels will proceed.

Mike Shriberg is a professor in the School for Environment & Sustainability at the University of Michigan, a former Great Lakes Regional Executive Director for the National Wildlife Federation, and a former gubernatorial appointee under Gov. Rick Snyder to the Michigan Pipeline Safety Advisory Board. This article is republished from The Conversation under a Creative Commons license. Submit a letter to the editor at freep.com/letters.

Your Turn

Mike Shriberg

The New Shutdown Order

"Undo Line 5 Shutdown Order, Federal Government's Filing Urges U.S. appeals Court, The Canadian Press, Sept. 18, 2023

WASHINGTON — "Ottawa is urging a U.S. appeals court to reverse a Wisconsin judge's order that threatens to shut down the Line 5 cross-border pipeline by June 2026.

Forcing a shutdown would violate Canada's treaty rights, government lawyers argue in an amicus brief filed today with the U.S. Seventh Circuit Court of Appeals.

A Wisconsin court ruling in June gave Calgary-based Enbridge Inc. an ultimatum: reroute the pipeline around an Indigenous reserve within three years or shut it down.

Enbridge plans a 66-kilometre detour to replace the 19-kilometre stretch that runs through the sovereign territory of the Bad River Band of the Lake Superior Chippewa.

Both sides are appealing the decision — Enbridge wants more time to finish the reroute, while lawyers for the band want the taps turned off for good.

The band and its environmental allies fear a spill inside an ecologically sensitive and flood-prone Lake Superior watershed on the Bad River reserve."

Pipelines

Line 5    

  In clear violation of my blogging protocols, I will discuss a couple of current issues, but at least not the pandemic. In my defence I will say that I will focus only on the aspects of the issues which are underreported. Also, it is the case that one of the issues is "Looming", as all the headlines indicate, and by later in the week we will have been dramatically affected by it - or not. 

   Line 5 is the 'looming' issue and I will say little about it since I have already done so in the post which clearly has one of my clearest titles: Line 5.  I even provided a map. It is also is the case that there have been many stories about it. I think it is fair to say, however, that most of them indicate that clearly the shutdown will not happen and that it shouldn't because the economic results would be devastating. That is, our politicians and we Canadians mostly seem concerned only with the economic consequences, while the Governor of Michigan is worried more about the possible environmental impact on the Great Lakes if the pipeline was to burst. The irony was noticed by Rex Murphy as this headline indicates: "How's Trudeau Going to Get Out of this Line 5 Pickle and Keep Oil Flowing?" He notes: "The threat that by May 12, Gov. Whitmer will shut down Line 5 to Ontario, is so beautiful an issue it should be hanging in an art gallery.... For what have we to look at? We have two leaders, Greener than shamrocks, Prime Minister Justin Trudeau and Gov. Whitmer, who see themselves plucked by the goddess of destiny herself, as human ambulances rushing to save the Earth from global warming."

   Although I am sure that environmental groups and Indigenous ones think a break in the pipeline would not be a good thing for the Great Lakes, the 'mainstream media' seem to worry only about the business disruption. It is sometimes mentioned obliquely that the environmental impact would be more negative if the line is shutdown, because thousands of rail cars and trucks would have to be utilized to keep us supplied. I have not yet read a good newspaper piece that discusses directly what would happen if millions of gallons of petroleum products started pouring into the Great Lakes.  I suppose it is natural to pay more attention to an event that is supposed to happen on May 12, rather than to hypothesize about one that may or may not occur a few months or years from now. It is also the case that our 'mainstream media' now have few tributaries, most of them issuing from the same source. The only Canadian newspaper I am aware of that has presented the environmental side, is one you probably don't read and may not know about - The National Observer, which recently published this article: "Line 5 is an Environmental Disaster Waiting to Happen," Trevor Greene, April 6, 2021. 

The Colonial Pipeline

   Pipeline problems developed south of the border just a couple of days ago and have yet to be resolved. In this case, the problem is not a pipeline rupture, but rather, a computer breach.  Although the headline in the Washington Post says that a "Ransomeware Attack Leads to Shutdown of Major U.S. Pipeline System," the subject of "Ransomware" is not in the newspapers as much as it could be, and deliberately so. As the article indicates:

"Ransomware attacks, in which hackers lock up computer systems — usually by encrypting data — and demand payment to free up the system, are a global scourge. In recent years, they have affected everyone from banks and hospitals to universities and municipalities — almost 2,400 organizations in the United States were victimized last year alone, one security firm reported. But the attackers are increasingly targeting industrial sectors because these firms are more willing to pay up to regain control of their systems, experts say.

“The downtime for industrial companies can cost millions,” said Robert M. Lee, the chief executive of Dragos, a major cybersecurity firm that handles incidents in the industrial control sector. U.S. officials and experts in industrial control security said such attacks are more common than is publicly known and that most just do not get reported.

Even though many cases are not made public, we sometimes learn about them and they even happen close by.  In December, 2019 you may recall that a ransomware attack cost the city of Woodstock over $600,000 even though the city didn't pay the ransom.

   There is some good news to report from the United States about concerted efforts to deal with the ransomware threat.

A task force of more than 60 experts from industry, government, nonprofits and academia last month urged a series of coordinated actions by industry, government and civil society. Their recommendations include mandating that organizations report ransom payments and requiring them to consider alternatives before making payments. Governments, they said, could provide support to help firms hold out longer. The recommendations also call for global diplomatic and law enforcement efforts to induce countries from providing safe havens to ransomware criminals.

The title of the report: Combatting Ransomware: A Comprehensive Framework for Action: Key Recommendations From the Ransomware Task Force. The link will take you to the 80 pp. report and here is the first paragraph from it:

"Ransomware is not just financial extortion; it is a crime that transcends business, government, academic, and geographic boundaries. It has disproportionately impacted the healthcare industry during the COVID pandemic, and has shut down schools, hospitals, police stations, city governments, and U.S. military facilities. It is also a crime that funnels both private funds and tax dollars toward global criminal organizations. The proceeds stolen from victims may be financing illicit activities ranging from human trafficking to the development and proliferation of weapons of mass destruction."

The Bonus:

   The attack on the Colonial Pipeline appears to have come from an an Eastern European-based criminal gang known as "Darkside" and it was done for money, not for political reasons. The same is true for the major hacking and ransomware assaults initiated by the government of North Korea - they are done mainly for the money. You may recall a hacking event from a few years ago involving North Korea. When Sony Pictures released a trailer for a Seth Rogen comedy about an attempted assassination of Kim Jong Un, a computer attack against Sony was launched that did considerable personal and financial damage (Rogen remarked, "People don't usually wanna kill me for one of my movies until after they've paid 12 bucks for it.")

   That information is from an article that will keep you up at night, or at least make you realize how big a problem 'cyber-warfare' is. Hackers seem to be able to easily get into our computers, so I hope you are able to get behind the firewall to read the article which is a fascinating and scary one: "The Incredible Rise of North Korea's Hacking Army: The Country’s Cyber Forces Have Raked in Billions of Dollars for the Regime by Pulling Off Schemes Ranging from A.T.M. Heists to Cryptocurrency Thefts. Can they be stopped?" The New Yorker, April 26 & May 3, 2021.

I thought former President Trump had solved the North Korea problem. but apparently not. 

  

LINE 5

    KEYSTONE XL  is probably more recognizable to folks around here than LINE 5 is, but the latter is located closer to our homes and maybe even closer to your cottage. Line 5 is a pipeline that carries lots of petroleum products from Superior, Wisconsin to Sarnia, Ontario and it passes under the Straits of Mackinac which is the focus of concern. It is closer than you think. If the pipes there were to burst, the oil could, depending upon the currents and weather, end up in a Great Lake near you. If it is shut down to prevent such a catastrophe, people around here will lose their jobs and the price of our gasoline will probably go up. 

   Those are the concerns expressed in the article from which the picture above was taken. In it, the Prime Minister is asked for help since Michigan Governor Gretchen Whitmer has ordered that Line 5 be shut down, and it will be in early May unless something is done. Perhaps that is why some 'Yoopers' with long guns showed up at the state house in Lansing, since they may not have enough propane if Line 5 is put out of commission. Perhaps some Canadians would have joined them if the border had been open. There seems to be more concern on this side of the border about the loss of the energy source than there is about the potential despoliation of the environment. Those who favour keeping the pipeline open say it has been there since 1953. Those who worry about the environment say, well, it has been there since 1953!

   The noise over Line 5 and the news about it will surely increase over the next couple of months as will the arguments. So, here are a few sources that will give you a leg up when the subject comes up. I will start with the article containing the picture.

Sources: 

For the company view start here: ENBRIDGE. 
There is a Wikipedia entry: Enbridge Line 5 

"Prime Minister Asked to Help Save Line 5 Pipeline," Paul Morden, Sarnia Observer, Jan. 18, 2021.
Sarnia-area politicians and labour leaders want Prime Minister Justin Trudeau to appeal directly to U.S. President-elect Joe Biden to keep the Line 5 oil and gas pipeline running through Michigan, where the state’s Democratic governor has ordered it shut down....
Sarnia Mayor Mike Bradley wrote to the prime minister this month challenging the legality of the governor’s order and asking Trudeau to speak with Biden directly on the issue. Line 5 carries western oil and natural gas liquids to the refineries, chemical plants and propane users in the U.S. Midwest, as well as Eastern Canada....
This shutdown will put over 4,900 jobs at risk, and jeopardize Ontario and Michigan’s energy supply that we rely on daily,” Greg Rickford, Ontario’s minister of energy, northern development and mines, said in a statement, "Ontario’s four refineries ensure that Ontario, Quebec, Michigan and the entire Great Lakes region are supplied with essential products like home heating fuels, gasoline, diesel and jet fuel,” he said.

"Canadian Officials Displeased With Whitmer's Call to Shut Down Line 5 in Straits

Keith Matheny Nov. 16, 2020, Detroit Free Press.

"U.S. News: U.S., Canada at Odds Over Great Lakes Pipeline," Vipal Monga, The Wall Street Journal, Jan. 20, 2021.

TORONTO -- Canadian and U.S. officials are at odds over the fate of a pipeline underneath the Great Lakes, exacerbating disagreements over energy policy between the two nations as the Biden administration prepares to take office.

Citing environmental concerns, Michigan state officials have told Enbridge Inc. to close its Line 5 pipeline, which carries more than half a million barrels of oil and natural-gas liquids each day from Superior, Wis., to Sarnia, Ontario.

Canadian officials say closing the pipeline would choke off more than half the supply used to make gasoline, jet fuel and home-heating oil for the most populous parts of the country.

The 645-mile pipeline, which is part of Enbridge's mainline system that conveys oil and natural gas liquids from Alberta, feeds refineries in Michigan, Ohio, Pennsylvania, Ontario and Quebec.

"Pipelines are so vital to the economy and the recovery," said Chris Bloomer, president of the Canadian Energy Pipeline Association, a trade group. "We're hoping for some pragmatism."

 CBC: Enbridge sues Michigan over Line 5 pipeline shutdown order.

   Although the pipeline has been in place for over 60 years, a few years ago a ship dragging an anchor did some damage to it. At that time, there was talk about enclosing it in a tunnel which would have resulted in many jobs on both sides of the border.
"Coast Guard inspected ship before Line 5 anchor dragging,"Beth LeBlanc, Sept. 13, 2020, The Detroit News.

   You may also remember that Enbridge had a problem over a decade ago with the great Kalamazoo River Oil Spill. 

"Reeling’ From COVID, Great Lakes Biz Group Joins Call for Immediate Line 5 Shut Down,"by Andy Balaskovitz,  Tuesday, June 23, 2020.

This is from the Sierra Club - Michigan and it has good graphics and video: "EVERY DAY 67-YEAR-OLD PIPELINES PUSH NEARLY 23 MILLION GALLONS OF OIL THROUGH THE HEART OF THE GREAT LAKES. WHAT IF THEY RUPTURED?"

Decomission Line 5.

National Wildlife Federation

"Gov. Whitmer’s Historic Decision to Shut Down Line 5 a Game Changing Win for the Great Lakes, Wildlife, Climate." Mike Saccone Nov 13, 2020.

Canada to Michigan on Line 5: “We support its continued safe operation”

Here is a major study from the University of Michigan: "Worse Case Oil Spill Straits of Mackinac."

Here is another major study. It is behind a firewall, but the executive summary is provided here:
"Economic Damages From a Worst-case Oil Spill in the Straits of Mackinac. Journal of Great Lakes Research, Richard T. Maelstrom , et al 45, 2019, p.1130.

This paper presents research on the economic damages from a hypothetical worst-case oil spill at the Straits of Mackinac between Lakes Huron and Michigan. This spill could occur because the Enbridge Line 5 oil pipeline traverses the Straits between Michigan’s Upper and Lower Peninsula. We quantify potential economic damages to outdoor recreation, commercial fishing, shipping, residential properties, and energy and water supplies. Damages are estimated for two spill scenarios occurring at the onset of the summer tourism season with extensive shoreline oiling. Using evidence from past spills, economic damages would last for between one and two years and would affect locations on the periphery of the spill area, depending on the activity. We project the loss from the worst-case scenario would be at least $1.3 billion.

To further complicate the controversy, there are also Indigenous issues to consider: "The Drilldown: Enbridge's Line 5 Pipeline to Be Challenged by Four Indigenous Nations," Felixe Denson, iPolitics, Aug. 20, 2020. 

To read about the Great Lakes, see my post on "The American Lakes" - Book Series.

The Bonus:

   I mentioned "YOOPERS" above and they are people from the Upper Peninsula of Michigan and they likely weren't the only ones involved, if any actually were.  For more on YOOPERS and such things, see my post on UNOBVIOUS DEMONYMS.