Advocacy News – Oct 15, 2026
What’s happening: A recent Michigan Supreme Court order involving Enbridge’s Line 5 pipeline project is already having implications beyond energy infrastructure – and raising added concerns about permitting certainty for Michigan businesses.
- In light of its unprecedented decision, the state’s highest court recently directed the Michigan Court of Appeals (MCOA) to reconsider a separate case involving environmental permits for large livestock operations, known as concentrated animal feeding operations (CAFOs), after the MCOA had previously declined to do so.
Why it matters: The Line 5 ruling could have far-reaching implications for how Michigan regulators evaluate environmental permits – potentially adding uncertainty, delays and costs for businesses planning new investments or expansions.
While the full ripple impact remains to be seen, broader environmental review requirements and additional legal challenges could complicate permitting for manufacturing facilities, infrastructure improvements and other business investments.
The backdrop: In its 6-1 Line 5 decision, the Michigan Supreme Court found that state regulators took too narrow a view of potential environmental impacts when reviewing permits for the pipeline tunnel project.
- Under the Michigan Environmental Protection Act (MEPA), the Court said regulators must consider the total environmental impact beyond a project’s immediate construction footprint, including broader consequences tied to the permitted activity.
- The order also calls for courts to independently review whether agencies have met their obligations under MEPA, rather than simply deferring to agency determinations.
The Chamber’s take: This latest development underscores that the earlier Line 5 ruling has implications that will likely extend well beyond a single pipeline project.
Michigan needs environmental protections and a permitting process that is clear, consistent and predictable. Greater regulatory uncertainty risks longer project timelines, higher costs and delayed investment – at a time when Michigan needs to strengthen its competitiveness.
What’s next: The Michigan Chamber will closely track how courts and regulators apply this new standard, advocate for reasonable and predictable permitting requirements and seek feedback from members on potential impacts to their businesses.
Have questions or concerns? Contact Mike Alaimo, VP of legislative and external affairs, or Randy Gross, general counsel.