The Straits of Mackinac is a key Anishinaabe cultural site and the location of a contentious dispute over the operation of the Enbridge Line 5 pipeline. (Courtesy photo)

The Michigan Department of Environment, Great Lakes, and Energy (EGLE) has approved a renewed wastewater discharge permit for Enbridge’s controversial Line 5 tunnel project beneath the Straits of Mackinac, clearing another regulatory hurdle for the Canadian energy company while drawing sharp criticism from Tribal Nations and environmental groups.

The permit authorizes Enbridge to discharge treated construction wastewater generated during excavation of the proposed utility tunnel. State officials said the permit includes conditions designed to protect water quality and comply with Michigan environmental regulations.

The approval comes despite years of opposition from Tribal Nations, who argue the project threatens treaty-protected fishing rights, sacred cultural resources, and the waters of the Great Lakes. Several federally recognized tribes have challenged previous state approvals, saying regulators failed to adequately consider environmental risks and alternatives to the tunnel.

“The State of Michigan has betrayed us today, every swimmer, every boater, every fisher, every Tribal Nation, and every Michigander who loves these waters. The Straits of Mackinac, the sacred place where my Tribe’s creation story begins, have been handed over to a foreign corporation with a history that is nothing short of disastrous,” Bay Mills Indian Community President Whitney Gravelle said.

“Enbridge has spilled oil, committed safety violations, trespassed on lands, shattered ecosystems, pierced aquifers, violated our laws, and repeatedly shown contempt for tribal sovereignty. They have left devastation in their wake, and now they’re being rewarded with responsibility over one of the most precious and sacred resources in our state. The Great Lakes are not safe in their hands. This decision is a deep betrayal of our Great Lake State, and we will confront it immediately, fiercely, and without hesitation,” Gravelle continued.

Opponents warn that Enbridge’s proposal would transform the Straits of Mackinac into an industrial construction zone for at least six years, disrupting tourism, displacing wildlife, and altering one of the Great Lakes’ most iconic landscapes. They also argue that transporting hazardous liquids through a confined underground tunnel is both dangerous and largely untested.

Concerns have intensified following Enbridge’s recent environmental record. In June, the company released drilling fluid into a prized Wisconsin wetland while constructing a separate Line 5 reroute that is being challenged by the Bad River Band of Lake Superior Chippewa and environmental organizations. Enbridge also remains responsible for the 2010 Kalamazoo River oil spill, one of the largest inland oil spills in U.S. history, which released more than one million gallons of diluted bitumen into the river.

“The Straits of Mackinac are not a piece of Enbridge oil infrastructure; they are the heart of creation for Anishinaabe people and a vital source of life for all who depend on the Great Lakes,” said Native American Rights Fund Managing Attorney David Gover. “We will pursue every legal avenue to defend treaty rights, protect drinking water, and preserve tribal lifeways from another Enbridge disaster.”

In the coming weeks, the Michigan Supreme Court is expected to rule on whether to overturn a separate state permit for the tunnel in a challenge brought by four Tribal Nations, including the Bay Mills Indian Community, along with two environmental organizations. Enbridge also must obtain additional approvals from state agencies and the U.S. Army Corps of Engineers before construction can begin.

“Our environmental laws, the looming climate crisis, and simple common sense tells us that an oil pipeline doesn’t belong in the Great Lakes,” said Earthjustice Managing Attorney Debbie Chizewer. “Today’s decision is a setback, but we’re not giving up. A future without oil in the Great Lakes is still possible.”

Levi "Calm Before the Storm" Rickert (Prairie Band Potawatomi Nation) is the founder, publisher and editor of Native News Online. Rickert was awarded Best Column 2021 Native Media Award for the print/online...