LANSING — On her first working day in office, Gov. Gretchen Whitmer acted Wednesday to potentially block the Enbridge Line 5 tunnel backed by former Gov. Rick Snyder.

Whitmer announced Wednesday she has turned to newly elected Attorney General Dana Nessel for a legal opinion on six questions related to whether legislation rushed through the Legislature to authorize the proposed Line 5 tunnel under the Straits of Mackinac complies with the state constitution.

Nessel said she welcomed the request and cautioned Enbridge against relying on recently passed legislation to move forward with its plans for a $350 million to $500 million tunnel, while her ruling is pending.

Enbridge, a Canadian energy company that operates the pipeline carrying oil and gas products through the environmentally sensitive straits, "believes that the time is right to build for the future," said spokesman Ryan Duffy. The tunnel "would make a safe pipeline even safer and reflects Enbridge’s steadfast commitment to protecting the Great Lakes while safely meeting Michigan’s energy needs," he said.

Whitmer and Nessel, both Democrats, are on record opposing the proposed pipeline. Both said during their campaigns that they want Line 5 shut down as soon as possible to prevent a potentially environmentally catastrophic rupture and spill.

Republican Snyder, during his last month in office, rushed to finalize tunnel agreements with Enbridge and pushed enabling legislation through the Republican-controlled Legislature during the recent lame-duck session.

Snyder said the tunnel is the best way to safely replace the existing pipeline while ensuring oil and propane supplies the pipeline carries are not interrupted. The newly created Straits Tunnel Authority gave a green light to the tunnel project on Dec. 19.

Whitmer said in a news release she "pledged to take action on the Line 5 pipeline on day one as governor, and I am holding true to that campaign promise.”

Though strongly opposed by environmentalists, the tunnel project has support from trade unions — another Democratic constituency — whose members would benefit from the construction work. A call seeking reaction from the Michigan Building and Construction Trades Council was not immediately returned.

Resolving "legal uncertainty regarding (Public Act) 359, the Mackinac Straits Corridor Authority and action taken by the authority is necessary to assure that we can take all action necessary to protect the Great Lakes, protect our drinking water and protect Michigan jobs,” Whitmer said.

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Nessel said there are "serious and significant concerns" regarding the tunnel legislation, and that it was "passed without the care and caution one would expect for an issue that will have a monumental impact on our state."

She said Whitmer was correct to raise the questions and "my office is prepared to tackle her request for an opinion immediately."



Nessel, who said the request is a top priority but did not say when an opinion would be issued, added: "In no way should any entity rely on this Act to move forward unless and until these matters have been resolved.”

Michigan attorney general opinions generally have the force of law with respect to state agencies, unless or until they are overruled by a judge.

Duffy, the Enbridge spokesman, would not answer directly when asked whether the company would proceed with its tunnel plans while awaiting Nessel's legal opinion.

"Enbridge looks forward to working with Governor Whitmer and Attorney General Nessel to ensure critical infrastructure ... continues to safely and reliably meet the energy needs of the people of Michigan," Duffy said in an email. "We believe there is an opportunity to work on these important issues together. "

Whitmer said in the letter to Nessel, dated Tuesday, that governors have a "solemn obligation" to consider the constitutionality of actions.

She asked Nessel to answer the following legal questions:

Does Senate Bill 1197, which became Public Act 359, violate a constitutional provision that requires the object of a law to be stated in its title? The bill was originally drafted to have the Mackinac Bridge Authority take charge of the tunnel, but was later amended to create a new straits tunnel authority to handle the job.

Do the proposed six-year terms for the members of the new authority violate a constitutional provision that generally restricts term lengths for members of new authorities to four years?

Does SB 1197 amend other laws by reference, rather than by having the Legislature amend those specific laws, as the state constitution requires?

Is SB 1197 a local act that would require a super-majority for the Legislature to pass?

Does the proposed Straits Corridor Authority possess any powers not explicitly granted to it in the bill the Legislature passed?

If the creation of the authority was unconstitutional, were its actions in approving the tunnel unlawful and void?

Snyder has said encasing a new Line 5 pipeline in a tunnel is the best way of replacing the aging pipeline while guaranteeing energy security for Michigan, including propane the line delivers to Michigan's Upper Peninsula.

Opponents say Line 5 mostly delivers Canadian oil to Canadian markets and Michigan will remain at significant risk for a spill during the estimated seven to 10 years construction will take.

Enbridge would pay the cost of the tunnel.

Snyder officials have said the six-year terms for the straits authority members are constitutional because the authority was created under the Mackinac Bridge Authority, which predates the 1963 constitution and whose members also have six-year terms.

They also rejected criticism that they rushed to finalize the legislation and deals before Whitmer took office, arguing they had been working on a Line 5 tunnel solution for years.

Lisa Wozniak, executive director of the Michigan League of Conservation Voters, said she applauds Whitmer's action to block "a backroom deal brokered by former Gov. Snyder and Enbridge Energy to keep oil flowing through our Great Lakes despite the well-documented risks and widespread opposition from Michigan residents, businesses and experts."

Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on Twitter @paulegan4.