Supreme Court to Decide Jurisdiction for Michigan Pipeline Lawsuit
The U.S. Supreme Court announced on Monday its decision to evaluate whether a lawsuit initiated by Michigan Attorney General Dana Nessel should be handled in state court. The lawsuit aims to shut down a segment of an aging pipeline running beneath the Straits of Mackinac, a critical channel connecting Lake Michigan and Lake Huron.
In June 2019, Nessel filed the lawsuit in state court, seeking to nullify the easement permitting Enbridge Energy to operate a 4.5-mile (approximately 6.4-kilometer) stretch of the pipeline. A restraining order was granted by Ingham County Judge James Jamo in 2020, temporarily halting operations. However, Enbridge resumed activity after complying with safety measures.
Subsequently, in 2021, Enbridge transferred the case to federal court, citing its impact on U.S.-Canada trade. Nevertheless, the 6th U.S. Circuit Court of Appeals returned the case to Judge Jamo in June 2024, ruling that Enbridge had exceeded the 30-day limit to change the lawsuit’s jurisdiction. More details can be found here.
The Supreme Court has yet to clarify why it chose to review the case. Enbridge expressed optimism over the Court’s decision, pointing out that exceptions to the 30-day deadline exist.
Nessel’s spokesperson, Kimberly Bush, emphasized the lawsuit’s rightful place in Michigan courts. Her legal team argues that the case is grounded in the public trust doctrine, asserting that the state’s natural resources should benefit the public.
Line 5, the pipeline in question, has been operational since 1953, transporting crude oil and natural gas liquids between Superior, Wisconsin, and Sarnia, Ontario. Concerns heightened in 2017 when Enbridge engineers disclosed knowledge of protective coating gaps since 2014. The fears intensified after an anchor incident in 2018 further endangered the pipeline.
In 2020, Michigan’s Department of Natural Resources, under Governor Gretchen Whitmer, rescinded the easement for Line 5. Enbridge has initiated a separate federal lawsuit challenging this revocation.
Enbridge is currently pursuing permits to encase the pipeline section beneath the straits in a protective tunnel. While the Michigan Public Service Commission approved the necessary permits in 2023, approval is still needed from the U.S. Army Corps of Engineers and the Michigan Department of Environment, Great Lakes, and Energy. More information is available here.
The pipeline is also embroiled in a legal battle in Wisconsin. A federal judge in Madison last summer mandated Enbridge to decommission part of Line 5 traversing the Bad River Band of Lake Superior’s reservation within three years. Enbridge is appealing this shutdown order at the 7th U.S. Circuit Court of Appeals and has proposed an alternative route around the reservation. Further details can be explored here.
