Tribal citizens and supporters gather at McGulpin Point in Mackinaw City. (Photo courtesy of Laina G. Stebbins)

Six Michigan-based tribes have withdrawn from federal discussions over the proposed Line 5 oil pipeline tunnel, calling it “unacceptable” that a permit for the controversial project is expected to be issued soon in accordance with an executive order by President Donald Trump declaring a national “energy emergency.”

The withdrawal, which is not expected to affect the process to produce an environmental impact statement, was outlined in a letter sent to the United States Army Corps of Engineers on Friday by the Bay Mills Indian Community, Little River Band of Ottawa Indians, Sault Ste. Marie Tribe of Chippewa Indians, Grand Traverse Band of Ottawa and Chippewa Indians, Match-E-Be-Nash-She-Wish Band of Potawatomi, and Nottawaseppi Huron Band of the Potawatomi, which had been engaging with the Corps’ review of the Line 5 tunnel project as “cooperating agencies” under the National Environmental Policy Act.

The project, as proposed by pipeline owner Enbridge, would relocate a four-mile section running through the Straits of Mackinac, which connects Lake Huron and Lake Michigan, into a concrete-lined tunnel beneath the lakebed in hopes of containing any potential spills.

Line 5 stretches from northwestern Wisconsin, through the upper and lower Peninsulas and then terminates in Sarnia, Ontario, transporting up to 540,000 barrels per day of crude oil and natural gas liquids.

“Enbridge seeks approval to construct a massive fossil fuel infrastructure project in the Straits of Mackinac, a place that is sacred to tribal nations and protected by treaty,” stated the letter. “The Corps has informed cooperating agencies, without their cooperation and over protestations from tribal nations, that the permit will likely be issued soon pursuant to the executive order, declaring a national energy emergency. This is unacceptable.”

Line 5 carries more than 22 million gallons of light crude oil and light synthetic crude through the straits daily, with opponents warning a spill would be catastrophic.

Bay Mills Indian Community President Whitney Gravelle said the tribes had taken part in the process, provided relevant case law, submitted evidence, and trusted that their voices and treaty rights would be respected.

“Yet, once again, the federal government has cast us aside and failed us,” she said. “Instead of protecting our waters, lands and sacred sites, the government is forcing this dangerous project forward, ignoring the harm it will bring to the Tribal Nations and the people of Michigan. We will not stand by while our sovereignty is disregarded for the sake of foreign profits. Michigan’s leaders must act now to defend our shared waters before it’s too late.”

Enbridge, based in Canada, has consistently maintained that both the pipeline and tunnel project are safe.Company spokesperson Ryan Duffy told Michigan Advance it values the relationships with the communities and residents in areas where they have assets.

“As we continue to move closer to construction on the Great Lakes Tunnel Project, we remain committed to including tribes and tribal citizens in this incredibly important and consequential project and welcome constructive dialogue and engagement,” Duffy said. “Line 5 is critical energy infrastructure. Enbridge submitted its permit applications in April 2020 for the Great Lakes Tunnel, a project designed to make a safe pipeline safer while also ensuring the continued safe, secure and affordable delivery of essential energy to the Great Lakes region.”

After receiving over 17,000 public comments on the tunnel project during the Biden administration, the Corps was in the process of preparing a draft environmental impact statement on the project when then-Acting Assistant Secretary of the Army (Civil Works) Jaime Pinkham issued a memo Jan. 7, directing the agency to assess the risk of oil spills on whether to approve the tunnel project, and to consider other alternatives in its review.

But less than two weeks later, Trump issued an executive order on his first day in office ordering agencies to “identify and use all relevant lawful emergency and other authorities available to them to expedite the completion of all authorized and appropriated infrastructure, energy, environmental and natural resources projects.”

“It appears the U.S. Army Corps plans to short-circuit the environmental and historic properties review by announcing they intend to use the guise of an American ‘energy emergency’ to fast-track the legally required public comment and tribal consultation processes, greenlighting a Canadian corporation’s project that will desecrate a sacred place and threaten Great Lakes residents’ drinking water,” said senior staff attorney David L. Gover with the Native American Rights Fund, which represents the tribes.

Carrie Fox, a public affairs specialist with the Corps, told the Advance that it is still reviewing the tribes’ letter.

“We look forward to continued tribal consultation on treaty rights and on impacts to historic properties. The Detroit District will consider comments from tribes, state and federal agencies, and the public, as we prepare the environmental impact statement and make a permit decision,” said Fox.

In order to move forward with the project, Enbridge needs permits from the Michigan Department of Environment, Great Lakes and Energy, the Michigan Public Service Commission, or the MPSC, and the Army Corps of Engineers.

The MPSC approved Enbridge’s tunnel permit on Dec. 1, 2023, a decision that was recently upheld by the Michigan Court of Appeals. Meanwhile, attorneys for the administration of Michigan Gov. Gretchen Whitmer argued last week in federal court to dismiss legal challenges by Enbridge after she ordered the state to revoke Enbridge’s Line 5 operating permit, saying the company had repeatedly violated its 1953 easement and poses a safety risk to the straits.

“Resuscitating an old pipeline that carries most of its oil and gas back to Canada won’t do a thing for the U.S. energy supply,” said Earthjustice managing attorney Debbie Chizewer, who is representing the Bay Mills tribe. “But it might lead to the next big oil disaster. Only this time, it will happen in the middle of the largest freshwater drinking supply in North America. We can’t allow that to happen.”