Aug 25, 2026 · 15 min
Michigan court reopens fight over Great Lakes pipeline
The ancient Roman doctrine guiding modern environmental fights
The Line 5 dispute tests whether an ancient public trust principle can shape modern decisions about water, access, and environmental risk.
- 1Enbridge Line 5 faces renewed scrutiny after Michigan’s Supreme Court required broader environmental review of its proposed tunnel.
- 2The public trust doctrine treats shared resources such as water and air as obligations governments must protect for public use.
- 3Its renewed appeal reflects frustration with conventional permitting and growing concern over public access to natural resources.
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Oday Salim connects the Line 5 case to Michigan’s obligations to protect the Great Lakes for fishing, recreation, navigation, and public use.
The brief
Enbridge Line 5 carries oil and natural gas liquids beneath the Great Lakes, making its proposed tunnel a flashpoint for environmental, tribal, labor, and industry interests.
Reporter Vivian Wong explains that federal approval has not settled the dispute: Michigan’s Supreme Court vacated a state permit and ordered broader environmental review.
Environmental law scholar Oday Salim traces the public trust doctrine from Greek and Roman ideas to a rule requiring governments to protect shared resources for public use.
Applied to Line 5, the doctrine raises questions about Michigan’s duties toward the Great Lakes lakebed, water, shoreline, fishing, recreation, and navigation.
Salim says the doctrine is gaining force because people distrust conventional permitting and feel an especially strong stake in protecting water and public access.
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Enbridge
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