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Federal Judge Blocks Michigan From Enforcing Line 5 Easement Revocation

The decision invokes federal preemption under the Pipeline Safety Act, prompting Michigan to consider an appeal.

Overview

  • U.S. District Judge Robert Jonker on Dec. 17 granted summary judgment to Enbridge, barring Michigan from enforcing Gov. Gretchen Whitmer’s 2020 order to revoke the Straits of Mackinac easement.
  • The ruling holds that interstate pipeline safety is exclusively a federal responsibility under the Pipeline Safety Act and that a shutdown would conflict with U.S.–Canada foreign policy and trade positions.
  • Enbridge welcomed the decision, saying it avoids significant energy disruptions and noting that PHMSA has not ordered Line 5 closed.
  • Michigan Attorney General Dana Nessel’s office said it is reviewing the opinion and weighing an appeal to the Sixth Circuit.
  • Other disputes continue, including a separate state easement case, challenges to permits for a proposed tunnel, and litigation tied to a Wisconsin reroute across tribal lands.