Attorney General Dana Nessel responded to a request Thursday, 3/28/19, from Governor Whitmer regarding the constitutionality of the 2018 law that established the Mackinac Straits Corridor Authority.
In Order Number 7309, AG Nessel opined that PA 359 of 2018 (SB 1179) goes beyond the scope of what was disclosed in its title in violation of Article 4, Section 24 of the Michigan Constitution, the Title Object Clause.
Governor Whitmer responded yesterday by issuing an Executive Directive (ED 2019-13) instructing departments and autonomous agencies to “not take any action authorized by, in furtherance of, or dependent upon Act 359.” ED 2019-13 also required agencies to report any actions taken that were authorized by PA 359.
The State Senate and House immediately commented on the actions. “An AG opinion is exactly that, an opinion. It’s not binding. It’s not final. And it’s certainly not without cause to challenge,” said Senate Majority Leader Mike Shirkey (R-Clarklake). “The Senate will pursue its options in order to advance the very important work and purpose of the energy tunnel. This is the fastest, safest, and most economical long-term solution for Michigan. It’s very important to our economy.”
House Speaker Lee Chatfield (R-Levering) called the tunnel plan “the right thing to do for our state, our waterways, and for our future. It’s well past time to put aside political talking points and campaign rhetoric and just do the right thing. The administration needs to protect the people of our state, secure our critical Mackinac Straits and approve the tunnel project immediately.”
“We believe this project is the best solution and encourage the Whitmer Administration to continue to work with Enbridge and the Legislature on developing and implementing the tunnel,” said Mike Johnston, MMA vice president of government affairs. “Significant work has gone into its planning, with substantial input from experts. Michigan is a manufacturing state that relies on energy in all forms to make products and employ over 600,000 people. We encourage continued discussion to move forward on this energy solution.”
For more information, contact Mike Johnston, at 517-487-8554 or firstname.lastname@example.org.