State AG strikes down Enbridge tunnel

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Michigan’s attorney general says a 2018 law that established a panel to oversee construction of an oil pipeline tunnel beneath the Straits of Mackinac is unconstitutional. Democrat Dana Nessel says in her first legal opinion that the title of the bill approved by lawmakers did not accurately describe its contents as required by the Michigan Constitution. In her opinion, Nessel says any court determination that Act 359 is unconstitutional would likely apply that decision retroactively, and conclude that the Mackinac Straits Corridor Authority, its Board, and any action taken by the Board are void from their inception. The Republican-controlled Legislature passed the measure during a lame-duck session in December. Then-Governor Rick Snyder signed it and appointed members of the new Mackinac Straits Corridor Authority. Governor Whitmer had asked the Attorney General’s opinion on the constitutionality of the act.