For Enbridge, Ignoring the Law is Business as Usual

For Enbridge, Ignoring the Law is Business as Usual

As you’ve probably heard, as of this Wednesday, Enbridge will be in open defiance of Michigan law. Six months ago, Governor Whitmer gave notice to Enbridge that the state was revoking its easement to operate Line 5 beneath the Straits of Mackinac. The Goverrnor’s order was based upon a long, indisputable history of violation of the terms of the easement as well as the pipeline’s violation of the Public Trust Doctrine. But Enbridge, which has always operated with shocking impunity in this state, is refusing to comply. Or more precisely, Enbridge is brazenly deciding to break the law.

Now, a casual observer might well think that these are unusual circumstances, that Enbridge is resorting to extreme measures because there is so much at stake, that they are faced with a remarkable situation which leaves them no choice but to act in ways that are extraordinary.

But the fact is that there is nothing unusual whatsoever about Enbridge thumbing its nose at local, state, and federal authority. The company has a long history in Michigan of flouting the law, breaking their word, breaching agreements, disregarding ordinances, and violating regulations and the conditions of permits. In short, the record shows that Enbridge does want it wants, with no accountability and no real consequences (paltry fines hardly count). This is why they spend millions of dollars on public relations, print and radio ads, and professional spinmeisters: they work hard to try and burnish their reputation because the truth is so ugly.

So in honor of what later this week will go down as Enbridge’s most shamelessly flagrant disregard for the law yet, here is a Greatest Hits list of just 10 of their many violations of contracts, regulations, and laws ranging from private agreements with individuals to federal statutes:

1. The time Enbridge broke promises to landowners. Instances of this are, in truth, far too numerous to mention. But during the the Line 6B “replacement” project, Enbridge routinely broke verbal promises they made to landowners and violated their “Line List” agreements (the closest thing we could get to legally binding contracts regarding construction behavior). Here’s a representative example that was covered by Michigan Radio back in 2014, near the end of construction. Lots of other examples are available here at the blog as well. I myself have plenty of first-hand experience with this kind of violation.

2. The time Enbridge ignored the Brandon Township Woodlands Ordinance. All during the “replacement” project, Enbridge attempted to barrel their way across the state, ignoring and evading local ordinances. But at least one township had the courage to stand up to them. Here’s that story.

3. The time Enbridge ignored Michigan state law. That disregard for municipal authority was actually also a violation of state law, specifically the Michigan law that requires pipeline companies to seek “local consent” for their construction projects. Enbridge fought tooth and nail against this provision of state law.

4. The time Enbridge violated 11 provisions of a state water permit. About that same time, Enbridge was caught violating the terms of a permit issued by the Michigan DEQ. And chances are they’d have gotten away with it were it not for the vigilance of a local activist.

5. The time Enbridge started remediation work on the Kalamazoo River without local approval– and then lied to the US EPA about it. This is an especially tawdry story from Comstock Township, which involves both disregard for local ordinances and straight-up mendacity.

6. The time PHMSA hit Enbridge with 24 different violations of the federal code. Following an investigation into the causes of the 2010 Kalamazoo River spill, the Pipeline and Hazardous Materials Safety Administration found that Enbridge had violated two dozen provisions of federal pipeline safety regulations.

7. The time Enbridge violated the federal Clean Water Act. In addition to the above citation from PHMSA, Enbridge eventually reached a settlement with the Department of Justice for violations of the Clean Water Act. The settlement included $177 million in fines.

8. The time Enbridge violated the terms of its settlement with the Department of Justice. You would think that reaching an agreement with the DoJ would be a pretty big deal, a big enough deal that it would cause a company to remain on the straight and narrow. But that’s not how Enbridge rolls. They wasted little time violating the terms of the consent decree– resulting in still more fines.

9. The other time Enbridge violated the terms of its settlement with the Department of Justice. You might also think that having violated the terms of the settlement with the DoJ, Enbridge would strive to do better and not violate the settlement again. But remember, we’re talking about a company that, according to available evidence, is literally incapable of following the rules. More violations. More fines.

10. The time Enbridge spent more than a half century violating the terms of its easement with the state of Michigan. All of which brings us to Line 5. As the Governor’s order makes devastatingly, disturbingly clear, Enbridge has shown a shocking disregard for the due care clauses of its Line 5 easement for more than 50 years. For a succinct, compelling summary of those violations, check out this video. Finally, at long last, someone has the temerity to hold Enbridge accountable. In response, Enbridge has taken to whining and fear mongering and enlisting all of their powerful friends in the petrochemical industry and the Canadian government. But as this list makes clear, an action like this is long overdue. If you or me or anyone else engaged in this kind of pattern of lawbreaking, we’d almost certainly be locked up in jail.

So there it is, 10 of Enbridge’s Greatest Hits of lawlessness. On Wednesday, May 12, with all the arrogance that comes from immense power and resources, they’ll turn it up to 11.

Governor Whitmer announced today that she won’t have it. And even more good news is that a whole bunch of really amazing people, people I admire immensely, will be gathering around the state this week to join the Governor in saying “no more!” Here’s more information regarding the where and the what.

 

 

 

Webinar: What Will it Take to Shut Down Line 5 for Good?

Webinar: What Will it Take to Shut Down Line 5 for Good?

Tomorrow, I’m pleased to join a panel discussion on Line 5 as part of the Michigan League of Conservation Voters’ People, Planet, Public Health Webinar series. Here are details including a link to register.

In 2010, nearly a million gallons of oil was spilled into the Kalamazoo River, costing more than a billion dollars and taking years to clean up. Who caused that spill? Enbridge Energy.

This Canadian company continues to threaten Michigan waterways with their outdated, 68-year-old Line 5 pipeline in the Straits of Mackinac. Thanks to Governor Whitmer, this pipeline is set to be shut down on May 12. But we know Enbridge won’t go down without a fight. Join us, Michigan LCV, and a panel of experts to discuss what it will take to shut down this ticking time bomb for good.

Register for the “Line 5: Shutting Down the Ticking Time Bomb” webinar here.

Who: Michigan LCV, Jeff Insko, Professor of English at Oakland University, Whitney Gravelle, President, Bay Mills Indian Community, Riyaz Kanji, Tribal Litigator at Kanji & Katzen and Michigan LCV Board Member

When: Tuesday, May 4, 5 p.m.

Where: via Zoom and Facebook Live. Register here.

Sign up for Michigan LCV’s People, Planet, Public Health webinar: “Line 5: Shutting Down the Ticking Time Bomb”

Thank you for your support!