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Dana Nessel’s Lawsuit Against Enbridge Moved to State Court
Background of the Lawsuit
Michigan Attorney General Dana Nessel filed a lawsuit in June 2019 seeking to shut down a 6.4-kilometer section of Line 5, an Enbridge petroleum pipeline that runs beneath the Straits of Mackinac, linking Lake Michigan and Lake Huron. Concerns over the pipeline’s safety have increased following revelations of gaps in its protective coating and damage caused by a boat anchor.
Legal Battle Between State and Federal Jurisdictions
After winning a restraining order in state court, Nessel’s lawsuit was moved to federal court by Enbridge, citing implications on trade between the U.S. and Canada. However, a federal appellate panel ruled in favor of Nessel, sending the case back to state court as Enbridge missed the deadline for jurisdiction change.
Enbridge’s Response and Future Plans
Enbridge has argued that Line 5 is regulated under federal law and a 1977 crude oil treaty between the U.S. and Canada. The company is also working on securing permits to encase the pipeline section in a protective tunnel to enhance safety. The legal dispute surrounding Line 5 extends to Wisconsin, where a federal judge has ordered Enbridge to shut down a section of the pipeline running across a Native American reservation.
