COALITION SUPPORTS LITIGATION TO KEEP ENERGY FLOWING

On February 1, a coalition of energy product transporters and manufacturers joined to support litigation to keep open a major pipeline serving Michigan, surrounding states and Canada. Coalition partners represent residential propane suppliers, propane and crude oil pipeline operators, and gasoline, diesel, jet fuel and industrial raw materials manufacturers. The coalition filed an amicus brief in federal district court in support of litigation to block the State of Michigan’s attempt to shut down the Line 5 pipeline.

“Attempts by Michigan’s Governor to shut down the Line 5 pipeline not only will lead to major energy shortages in the region and severe economic consequences for Michigan, neighboring states and Canada, but it is unlawful and a violation of federal law,” said Andy Black, President and CEO of the Association of Oil Pipe Lines.

“Line 5’s continued operation is crucial to reliably heating homes in Michigan and surrounding states. The environmental benefits and relative affordability of propane—recognized by the EPA as a clean, alternative fuel—perfectly positions it to accelerate decarbonization and ensure equitable access to clean energy,” said Stephen Kaminski, President and CEO of the National Propane Gas Association.

“Energy infrastructure like Line 5 continues to provide much needed propane and other fuels to Americans across the country during long winters, along with millions of private investment and tax dollars and thousands of jobs. API is proud to join a broad coalition of energy organizations in support of Line 5, highlighting the numerous benefits it provides daily to the Midwest region and urging its continued safe and environmentally responsible operation,” said API Vice President of Midstream Policy Robin Rorick.

Federal law under the Pipeline Safety Act at 49 USC 60100 governs the safety regulation of interstate pipelines through the U.S. Pipeline and Hazardous Materials Safety Administration. A state, including the State of Michigan, cannot unilaterally override federal law and its federal regulatory safety programs. However, the State of Michigan attempted to do just that through a state order to shut down the Line 5 pipeline. The pipeline operator was forced to request a federal court order declaring the State action unlawful and permitting the continued operation of the pipeline. The amicus brief reiterates federal law through the Pipeline Safety Act expressly preempts the State of Michigan’s attempts to shut down an interstate pipeline because Congress granted the federal government exclusive authority to regulate interstate pipeline safety.

In addition to violating federal law, the State of Michigan’s attempts to shut down Line 5 would deprive the entire region of much needed energy to stay warm, make products and fuel transportation. Energy pipelines play a fundamental and irreplaceable role in satisfying American energy and other needs. The vast volumes they transport cannot be easily or feasibly moved by other transportation modes. It would take a line of tanker trucks, about 750 per day, loading up and moving out every two minutes, 24 hours a day, 7 days a week, to move the volume of even one modest-sized pipeline. The railroad-equivalent of that same modest-sized pipeline would be a train of 225 28,000-gallon tank rail cars every day.