Enbridge agrees to replace a portion of the line and the State is evaluating additional remedies.

The Enbridge Line 5 pipeline under the Straits of Mackinac has engendered a great deal of controversy. For example, this blog post details earlier efforts to close the line due to the fear that it could rupture due to its age, causing a tremendous impact upon the Great Lakes.

This article details an agreement reached between Enbridge and Governor Snyder. Enbridge was likely spurred to act by reports that it was aware of missing protective enamel coatings since 2014 but did not disclose those issues until this October, which feeds into the criticisms leveled against the company.

Under the new agreement, Enbridge will be closing and replacing a section of pipe under the St. Clair River. Additionally, there will be closures during extreme weather and new safety technology evaluated. Enbridge must also evaluate alternatives for replacing the pipeline, including “a new pipeline within a tunnel under the straits, a new pipeline underneath the lake bed or creating a trench with a ‘containment structure.’”  However, as ET Rover demonstrated, even new construction can come with risks.

These type of stories are relevant to my condemnation practice because to the extent that publicity about the dangers of pipelines increase, the future willingness of people to live in their vicinity will decrease. This must be factored when valuing pipeline easements.