Newly published reports indicate that Jane Fonda’s climate PAC contributed $5,000 each to Chief Justice Megan Cavanagh and Justice Noah Hood of the Michigan Supreme Court approximately six weeks prior to their involvement in a ruling against Enbridge’s Line 5 pipeline project.

The July 31 decision sent the pipeline’s tunnel permit back for further review but did not order the existing pipeline shut down. Both justices are seeking full terms in November elections. Campaign finance filings reveal the contributions, which were part of the Jane Fonda Climate PAC’s campaign to oppose fossil fuel projects through endorsements of the justices.

The reports note that neither the climate PAC nor the justices responded to requests for comment before publication. Critically, the findings do not establish that either contribution influenced the voting decision. In a seven-member court, Cavanagh and Hood were two of six justices who supported the majority ruling. The Michigan Supreme Court vacated the Michigan Public Service Commission’s approval of the pipeline project and returned it to the commission for reconsideration.

The court identified problems with how regulators applied environmental protection laws. Specifically, the decision found that regulators needed to consider whether the tunnel would extend Line 5’s operating life and cause additional environmental harm. It also noted inconsistencies in the comparison of alternatives and inadequate consideration of public-trust resources. Justice Brian Zahra concurred on the need for further findings regarding public-trust issues but disputed the majority’s broader reasoning, arguing that the review improperly expanded beyond the replacement project to Line 5 as a whole.

The ruling represents a setback for the proposed tunnel’s state approval process, requiring additional proceedings. The decision itself does not address campaign contributions. The Michigan Public Service Commission originally approved the siting permit in December 2023 under conditions and other required approvals. Its reasoning highlights why the dispute extends beyond a single pipeline segment.

Line 5 runs approximately 645 miles from Wisconsin through Michigan to Ontario, carrying light crude oil and natural gas liquids including propane. The Straits of Mackinac crossing currently consists of two existing pipelines that would be replaced by one concrete-lined tunnel. Regulators had previously stated that the tunnel would significantly reduce the risk of anchor strikes and provide secondary containment in the event of a leak. They also concluded that replacing pipeline transportation with trucks, rail, or other alternatives could increase costs and environmental risks.

The Supreme Court’s order now requires the commission to conduct a different and fuller analysis before the application can proceed. The next regulatory step is the commission’s reconsideration under the court’s instructions.