Rep. Beau LaFave | Michigan House Republicans
Rep. Beau LaFave | Michigan House Republicans
The Michigan Court of Appeals has upheld the decision by the Michigan Court of Claims, ruling that the Enbridge oil pipeline under the Straits of Mackinac is constitutional, a decision that state Rep. Beau LaFave (R-Iron Mountain) met with praise.
According to MLive, the three-judge panel sided against Michigan Attorney General Dana Nessel and Gov. Gretchen Whitmer, both Democrats, in upholding the deal originally approved by former Republican Gov. Rick Snyder.
The crux of the complaint centered on whether the law establishing the Mackinac Straits Corridor Authority -- thus enabling the construction of the $500 million utility tunnel -- was constitutional.
Though Nessel had decided the law violated the state constitution and Whitmer ordered state agencies to renege on the deal with Enbridge, the administration has now had judges at two levels of the court system tell them their interpretation of the constitution is wrong.
“This is great news for families in the Upper Peninsula who need access to safe, reliable and affordable energy for everyday life,” LaFave said on the Michigan House Republicans website. “Building the tunnel is the best solution to provide that while also protecting our Great Lakes and other natural resources.”
Nessel arrived at the conclusion that the law was unconstitutional shortly after taking office, according to MLive. Preventing the Line 5 tunnel from being constructed was a plank in the platform on which Whitmer and Nessel ran.
“Dana Nessel’s attempt to stop the tunnel from moving forward and shut down Line 5 is just one of many radical stances she has taken that put the people of the U.P. in danger,” LaFave said, according to Michigan House Republicans.
Though MLive said it is likely that Nessel and Whitmer will still pursue the case up to the Michigan Supreme Court, LaFave said that having two separate courts tell them they are wrong should be taken as a sign by the administration that it’s time to let it go.
“Putting Line 5 inside a concrete tunnel 100 feet below the bedrock of the Straits of Mackinac is -- without a doubt -- the best thing for our state. The project will continue moving forward on time, so long as the attorney general keeps losing in court," LaFave told Michigan House Republicans.