The U.S. Supreme Court will hear arguments in February on a key question that could decide whether state or federal courts will determine the fate of Enbridge Energy’s controversial Line 5.
Enbridge would like to move the case from Michigan courts to the federal judiciary, where it could have a better chance of prevailing in its effort to keep moving oil and natural gas liquids via Line 5 on a path that runs through the Straits of Mackinac.
Michigan Attorney General Dana Nessel argues Line 5 poses an unacceptable environmental risk to the Great Lakes. The attorney general has argued in its legal filings that this is a state issue that should be decided in state courts.
The attorney general also argues that Enbridge is needlessly dragging out the case with its efforts to move the case after the deadline has passed. That is the central question in the case before the Supreme Court.
“Enbridge litigated the case in state court for more than two years, but removed it to federal court on December 15, 2021, after receiving an adverse ruling from the state court,” the state wrote in its brief to the Supreme Court. “Since then, the parties have been mired in litigation over the propriety of Enbridge’s notice of removal, and no progress has been made in the underlying litigation.”
Enbridge won before a federal judge in western Michigan court, but the U.S. Sixth Circuit Court of Appeals ruled in favor of the state.
Enbridge said in a statement that it is “encouraged” by the decision to hear the case, which it says covers tribal and international issues that belong before the federal judiciary. Spokesman Ryan Duffy also said there is another federal case dealing with Line 5.
“The District Court cited the important federal issues in this case, including U.S.-Canada Treaty issues, and the fact that litigation of these issues was already pending in another case in federal court,” he said.
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