Chamber Commends AG for Inviting Comments on Law Allowing Replacement of Line 5 with an Underground Tunnel

February 8, 2019

In a document submitted to the Michigan Attorney General, the Michigan Chamber of Commerce outlined support for Public Act 359 of 2018, which provides for the creation and operation of a utility tunnel in the Straits of Mackinac, as well as the creation of the Mackinac Straits Corridor Authority. In January 2019, Governor Whitmer sought an opinion from the Attorney General on six questions relating to the Act.   

“We commend Attorney General Dana Nessel for inviting comments on the constitutionality of Public Act 359,” said Michigan Chamber President & CEO Rich Studley. “After extensive legal research, we concluded PA 359 is clearly constitutional and this critical energy infrastructure project should be allowed to move forward.”

“Under Michigan law, statutes are presumed to be constitutional and every reasonable presumption should be viewed in favor of validity,” noted Jim Holcomb, Executive Vice President and General Counsel for the Michigan Chamber. “Therefore, we believe the Attorney General should find that PA 359 is constitutional and that the Corridor Authority and its Board of Directors may take actions to implement the statute consistent with their duties and powers under it.

“The agreements between the Corridor Authority and Enbridge and the special safeguards agreed to by Enbridge with the State, should not be undermined or set aside,” added Holcomb.