Michigan Supreme Court

In Re Application of Enbridge Energy to Replace and Relocate Line 5

July 31, 2026

Summary

The Michigan Supreme Court held that MEPA decisions by agencies must be reviewed de novo, that the statute requires consideration of factual and proximate environmental impacts, a consistent alternatives analysis, and public‑trust resources, and that the PSC erred on each of those grounds. The Court reversed the Court of Appeals, vacated the PSC’s approval of Enbridge’s Replacement Project, and remanded for further proceedings.