[All] Line 5 hearing tomorrow

[Lanteigne]

Quick line 5 update
There is no physical pipeline planned to replace Line 5. It is a tunnel that is being constructed. The reason the Attorney General has no case in Enbridge's view is that the pipe doesn't exist. They can't complain about the merits of a non existent pipe. They can't argue over risks of spill or rely on any mechanisms of policy that is bound to pipelines as an argument. Enbridge isn't even trying to hide this fact and states the Attorney General of Michigan has no case. Her case is based on perception of safety issues and perception of risks. 
The Michigan Attorneys office states they have the duty to protect the bottom land of the Great Lakes and to defend the Public Trust. They can't negate that duty. It isn't an issue of magic words. They lack legal mechanisms to stop what Enbridge is doing and seek relief in the courts. They state the federal jurisdiction handles the economics but it is the state that has the duty on matters of public trust and easement issues.  They said the state is not in conflict with the PHMSA or MENA policies. They question the legality of the easements issued in 1953. (There is a separate hearing on the easement issues scheduled for June 2. )They stated if the Judge supports them it doesn't prevent the tunnel from being built so no issue there but they can't negate public trust and duty to protect the bottom lands of the Great Lakes. They stated, "There is no circumstance for the relief we are seeking. A claim for which there is no valid defence.  We, the Attorney General based on the pleadings, say that Enbridge has not established conditions for which relief can be granted."
They stated "The public trust is an inalienable duty as trustees. This self serving resuscitation does not bind to the agreement. The state cannot bargain away it's powers." They continued "Our complaint does not violate PHMSA or other protection Policies. The crux of our complaint is WHERE THIS PIPELINE IS LOCATED. That is why this case is brought. It is located on bottom lands of the Great Lakes held in trust by the state." They added: "The existence of the pipe, from where it stands, violates the duty of the state to protect the public interest."

Enbridge's response was that it isn't about the project being in the Straights. It's about it posing a safety risk in the Straights. 
Lulu 
Sent from Yahoo Mail on Android 
 
  On Thu., 21 May 2020 at 8:24 p.m., Lanteigne<water.lulu at yahoo.ca> wrote:   Hi folks
The Attorney General wants to shut down Enbridge Line 5 in the Straits of Mackinac. This Friday 9am-11pm  you can watch the People of Michigan vs Enbridge as they present oral arguments online. RSVP here to watch online.   Watch People of Michigan vs. Enbridge Oral Arguments
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Watch People of Michigan vs. Enbridge Oral Arguments

Watch People of Michigan vs. Enbridge Oral Arguments, Friday, May 22 at 9:00 AM EDT. RSVP for the link to watch. It's time for AG Nessel to #ShutDownLine5 #PeopleVsEnbridge
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Have a good one folks! Stay safe and healthy. 
Lulu 🌈😃
Sent from Yahoo Mail on Android
Sent from Yahoo Mail on Android  
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