Traverse City, Mich. — In a victory for the State of Michigan and its allies opposing the continued operation of the Enbridge Line 5 pipeline through the Straits of Mackinac, the Supreme Court of the United States has issued a unanimous decision that Nessel v. Enbridge will be heard in state rather than federal court. At issue was Enbridge’s attempt to move the lawsuit to federal court after it missed the 30-day deadline to do so by more than two years (in fact, Enbridge waited 887 days).
In June 2024, the federal Sixth Circuit Court of Appeals issued a decision to send Michigan Attorney General Dana Nessel’s 2019 lawsuit back to state court where it started. The Sixth Circuit held that Enbridge’s removal of the lawsuit to federal court was untimely and unjustified. Enbridge then appealed that decision to the US Supreme Court, which heard oral arguments in the case (Enbridge Energy, LP v. Nessel) on February 24.
In the opinion authored by Justice Sonia Sotomayor for the unanimous court, Sotomayor wrote that “Enbridge’s counterarguments are not persuasive.”
Flow Water Advocates has supported AG Nessel throughout the nearly-seven year procedural odyssey, including in its 2023 amicus brief urging the Sixth Circuit to remand the lawsuit back to state court.
“We are confident that once there is a trial on the merits in the proper state court venue, Attorney General Dana Nessel will successfully argue that the State of Michigan has the legal authority and duty to protect the Great Lakes from a potential catastrophic Line 5 pipeline oil spill,” said Liz Kirkwood, executive director of Flow Water Advocates. “Today’s unanimous decision from the US Supreme Court brings an end to Enbridge’s years-long delay campaign to move the case to a venue it perceives to be friendlier to the company’s ultimate goal of keeping oil profitably flowing through the heart of the Great Lakes — the large majority of which is bound for Canadian markets.”
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Flow Water Advocates is an independent 501(c)(3) nonprofit organization based in Traverse City, Michigan. Our mission is to ensure the waters of the Great Lakes Basin are healthy, public, and protected for all. With a staff of legal and policy experts, strategic communicators, and community builders, Flow is a trusted resource for Great Lakes advocates. We help communities, businesses, agencies, and governments make informed policy decisions and protect public trust rights to water. Learn more at FlowWaterAdvocates.org.
