Judge Michael Kelly of the Michigan Court of Claims ruled in favor of Enbridge Energy and against Michigan Attorney General Dana Nessel (D) and Gov. Gretchen Whitmer (D) who both ran campaigns against the Enbridge Line 5 dual pipelines, which run under the Straits of Mackinac that connect Lake Michigan and Lake Huron.

The construction of the pipelines led to the formation of the Mackinac Straits Corridor Authority, which came into being through legislation passed by the Michigan legislature and signed into law by former Governor Richard Snyder (R). In their suit, Attorney General Nessel and Governor Whitmer argued that the legislation that created the Mackinac Straits Corridor Authority was unconstitutional.

Kelly stated in his ruling,

As evidenced by the voluminous amounts of amicus briefing comieously submitted by a variety of entities, the instant litigation has generated strong views on whether the policy goals of PA 359 are sound. Those concerns are not the focus of the instant action and are best left to the Legislature. Indeed, a statute “is not unconstitutional merely because it appears undesirable, unfair, unjust, or inhumane nor because it appears that the statute is unwise or results in bad policy.” As such, the Court’s focus with respect to PA 359 is simply this: whether the statute passes constitutional muster. In analyzing this issue, the Court’s view is shaped by the principle that statutes are presumed to be constitutional, as well as by the notion that the Court has a “duty to construe a statute as constitutional unless its unconstitutionality is clearly apparent.

Nessel stated that her office intends to appeal the ruling to the Michigan Supreme Court.