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Judge rules tunnel can be built

Posted at 8:27 AM, Nov 01, 2019

LANSING, Mich. — A Michigan judge has handed a victory to a company seeking to build a tunnel that would house a Great Lakes oil pipeline.

Judge Michael Kelly of the Michigan Court of Claims ruled Thursday that the state Legislature did not violate the Michigan Constitution by voting last year to approve a deal between former Republican Gov. Rick Snyder and Enbridge Inc.

Democratic Attorney General Dana Nessel contends the law was unconstitutional because it went beyond what its title reflected.

Nessel released a statement regarding the court's decision:

"We appreciate Court of Claims Judge Michael Kelly’s quick decision as this case moves forward through the court system. We have always anticipated that this matter would be resolved in the appellate courts and we are more resolved than ever to continue this fight on behalf of the people of Michigan.
“In fact, we recently learned that Enbridge Energy Partners L.P. seriously misrepresented its financial holdings when it made its deal with the Snyder Administration. In the event of a catastrophic oil spill, the people of the state of Michigan could be left holding the bag for more than a billion dollars in unfunded liability.
“The findings are included in a 120-page report – ‘An Analysis of the Enbridge Financial Assurances Offered to the State of Michigan’ – prepared by American Risk Management Resources Network.
“The most chilling finding of the report specifically states that any ‘contribution of funds under an indemnity agreement made with a subsidiary would appear to be a purely voluntary endeavor for Enbridge, Inc.’
“We will appeal this decision. The State of Michigan will not rely on a foreign corporation to protect and preserve our state’s most precious resource, its Great Lakes.”

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