Supreme Court Maintains Jurisdiction Over Michigan Pipeline Case
The Supreme Court ruled in favor of Michigan on Wednesday, allowing the state’s lawsuit aimed at closing a segment of an aged pipeline under the Great Lakes to remain in state court. This decision marks a significant moment in the ongoing legal battle surrounding the pipeline, known as Line 5, which has been operational since 1953, transporting crude oil and natural gas liquids from Superior, Wisconsin, to Sarnia, Ontario.
Justice Sonia Sotomayor, writing for the unanimous court, clarified that Enbridge, the company operating the pipeline, delayed too long in its attempt to transfer the case to a federal court. The pipeline’s contentious segment runs beneath the Straits of Mackinac, a critical waterway connecting Lake Michigan and Lake Huron.
Michigan’s Attorney General, Dana Nessel, initiated a legal action in state court in June 2019 to terminate the easement enabling Enbridge’s operation of a 4.5-mile pipeline segment beneath the Straits. This move followed growing safety concerns following Enbridge engineers’ 2017 disclosure of gaps in the section’s protective coating, a situation aggravated by a damaging boat anchor incident in 2018.
Despite obtaining a restraining order in June 2020 from Judge James Jamo of Ingham County to halt operations, Enbridge continued the pipeline’s operation after adhering to specific safety protocols. However, Enbridge later moved the case to federal court in 2021, citing implications for U.S.-Canada trade.
The 6th U.S. Circuit Court of Appeals returned the case to Judge Jamo in June 2024, stating that Enbridge missed the 30-day window to shift the jurisdiction. Meanwhile, Michigan Governor Gretchen Whitmer’s administration revoked the easement in 2020, prompting Enbridge to challenge the decision in federal court. Although a federal judge sided with Enbridge, allowing the pipeline to remain operational, Whitmer has appealed to the 6th Circuit.
Enbridge is currently seeking permits to reinforce the pipeline section under the Straits with a protective tunnel. The Michigan Public Service Commission approved these permits in 2023, but environmental groups and local tribes have launched a lawsuit to annul the state permits, a matter now under review by the state Supreme Court.
Further complicating the situation, Enbridge requires additional authorizations from the U.S. Army Corps of Engineers and the Michigan Department of Environment, Great Lakes, and Energy. In Wisconsin, the pipeline is embroiled in a separate legal issue, as a federal judge in Madison last summer ordered Enbridge to cease operations of a section of Line 5 traversing the Bad River Band of Lake Superior’s reservation within three years. Enbridge has appealed this decision to the 7th U.S. Circuit Court of Appeals while initiating reconstruction to reroute the line outside the reservation.
Environmental groups and the Bad River Band have filed a state lawsuit to stop the rerouting, arguing that the potential environmental damage has been understated. This lawsuit remains unresolved.
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