2025 WL 2684414
Only the Westlaw citation is currently available.
Supreme Court of Michigan.

In re APPLICATION OF ENBRIDGE ENERGY TO REPLACE AND RELOCATE LINE 5.
LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, BAY MILLS INDIAN COMMUNITY, GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS, NOTTAWASEPPI HURON BAND OF THE POTAWATOMI, and ENVIRONMENTAL LAW & POLICY CENTER and MICHIGAN CLIMATE ACTION NETWORK, Appellants,
v.
MPSC, MACKINAC STRAITS CORRIDOR AUTHORITY, MICHIGAN PROPANE GAS ASSOCIATION, NATIONAL PROPANE GAS ASSOCIATION, and MICHIGAN LABORERS’ DISTRICT COUNCIL, Appellees,
and
ENBRIDGE ENERGY LIMITED PARTNERSHIP, Petitioner-Appellee.

SC: 168335, SC: 168336, SC: 168337, SC: 168338, SC: 168339
|
September 19, 2025

COA: 369156, 369159, 369161, 369162, 369165 PSC: 00-020763

Brian K. Zahra Richard H. Bernstein Elizabeth M. Welch Kyra H. Bolden Kimberly A. Thomas Noah P. Hood, Justices

Order

Megan K. Cavanagh, Chief Justice

On order of the Court, the application for leave to appeal the February 19, 2025 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address whether the Court of Appeals erred by: (1) applying a deferential standard of review rather than determining de novo whether the proposed conduct will pollute, impair, or destroy the air, water, or state’s other natural resources or the public trust in these resources under MCL 324.1705(2) of the Michigan Environmental Protection Act (MEPA), MCL 324.1701 et seq., in accordance with West Mich Environmental Action Council, Inc v Natural Resources Comm, 405 Mich 741, 752-755 (1979); and (2) affirming the Michigan Public Service Commission’s limitation on the scope of the evidence to be reviewed regarding its determinations under MCL 324.1705(2) of MEPA and its decision to exclude evidence of the history and risk of oil spills along the entire length of Line 5 in those determinations. The total time allowed for oral argument shall be 40 minutes: 20 minutes for the appellants, to be divided at their discretion, and 20 minutes for the appellees, to be divided at their discretion. MCR 7.314(B)(1).

The State Bar of Michigan Environmental Law Section and Real Property Law Section are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case who are not exempt from the motion requirement under MCR 7.312(H) may move the Court for permission to file briefs amicus curiae.

We direct the Clerk to schedule the oral argument in this case for the same future session of the Court when it will hear oral argument in In re Application of Enbridge Energy: For Love of Water v MPSC (Docket No. 168346).

All Citations
--- N.W.3d ----, 2025 WL 2684414 (Mem)