MMA is pleased with the Court of Claims’ ruling last week validating the 2018 law which created the Mackinac Straits Corridor Authority and approved an agreement with Enbridge for construction of a tunnel under the Straits of Mackinac for the Line 5 oil pipeline.
Judge Stephen Borrello said that, while the six-year terms for authority board members exceeds the four-year terms outlined in Constitution, that does not invalidate the entire law. He went on to state that any questions of unconstitutionality exist in board decisions made during the fifth and sixth years, not in decisions made during the board’s first four years.
Attorney General Nessel had been asked by Governor Whitmer to provide an opinion on the law’s legality. Her opinion remains pending. MMA will continue to update members if and when the opinion is offered.