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Supreme Court to Weigh Enbridge’s Venue Challenge in Michigan Line 5 Dispute

The ruling will shape control over Michigan’s state-court suit aimed at voiding the pipeline’s easement beneath the Straits of Mackinac.

FILE - The corporate name stands out on tanks shown June 29, 2018 at at the Superior terminal of Enbridge Energy in Superior, Wis. (AP Photo/Jim Mone, File)
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A file photo shows work in 2020 to replace the Enbridge Line 5 pipeline crossing under the St. Clair River near Sarnia, Ont.

Overview

  • The Supreme Court agreed to hear Enbridge’s appeal in its next term, assessing whether Michigan’s suit over the Straits easement belongs in state court
  • Michigan AG Dana Nessel filed the state-court action in June 2019 seeking to void the pipeline’s Straits easement
  • A three-judge panel of the 6th Circuit returned the case to state court in June 2024, citing Enbridge’s missed 30-day removal deadline
  • Enbridge continues to operate Line 5 under 2020 safety restrictions and awaits an Army Corps decision this fall on permits for a Straits protective tunnel
  • Enbridge is appealing a federal judge’s order to shut down the segment crossing the Bad River Band reservation in Wisconsin