Michigan Court of Appeals Rules the Law Creating the MSCA to Oversee the Great Lakes Tunnel Project is Constitutional

On Thursday, June 11, 2020, the Michigan Court of Appeals ruled that the law creating the Mackinac Straits Corridor Authority to oversee the planned utility tunnel under the Mackinac Straits was constitutional.

Attorney General Dana Nessel had argued that the law, Public 359 of 2018, was unconstitutional because the title of law doesn't match the body of the law. In October of 2019, the Michigan Court of Claims ruled against the AG’s argument and on June 11th, the Michigan Court of Appeals upheld that decision.

In the court’s opinion, Judge Thomas Cameron writes "We conclude that the title of 2018 PA 359 does not address objects so diverse that they have no necessary connection,"

"The Act's stated purpose involved 'connecting the Upper and Lower Peninsulas of Michigan,' and both a utility tunnel and a bridge are structures capable of connecting Michigan's peninsulas," the court held. "Thus, a utility tunnel and a bridge are not unconnected objects."

Enbridge spokesman Ryan Duffy said the court's decision "once again confirms" that Enbridge's prior agreements with the state "are valid and enforceable."

Additionally, a panel of the 6th U.S. Circuit Court of Appeals has upheld Enbridge’s Great Lakes spill plans that had been challenged by the National Wildlife Federation. Enbridge has submitted two spill response plans in the last 5 years, both of which have been approved the Pipeline and Hazardous Materials Safety Administration (PHMSA).

Michigan Petroleum Directory Now Available!