This week saw the Governor’s May 12th deadline for the shutdown of Line 5 come and go, as supporters and opponents of the line both rallied. That date was set by the Governor and the Department of Natural Resources 180 days after a November Notice of Revocation and Termination of the 1953 easement for Line 5 in the Straits of Mackinac. The state alleged that Enbridge has incurably violated the terms of the easement by operating the pipeline in an unsafe manner.

On the other hand, Enbridge asserts that the pipeline currently meets all requirements of the easement, that the company has the right to address any issues brought forward by the State, and that issues of pipeline safety as well as international pipeline commerce rightly belong in federal – not state – courts. The parties are currently involved in ongoing litigation and are meeting with a federally-appointed mediator.

With positive news this week of COVID vaccination progress and effectiveness, Governor Whitmer announced both the end of the current remote work requirement as well as the lifting of indoor mask requirements for vaccinated persons, but there remain questions and concerns about the relationship to MIOSHA’s rules.

Earlier in the week, Governor Whitmer confirmed that the state had surpassed a 55% rate of residents age 16+ with at least one dose. Pursuant to the Governor’s “Vacc to Normal” plan, that triggered a rollback of the current requirement that employees work remotely if feasible, effective Monday May 24th. The remote work requirement had been a major sticking point for employers seeking to flexibly return workers to in-person settings.