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Ten Michigan Tribal Nations Urge Supreme Court to Keep Line 5 Case in State Court

The filing asks the justices to enforce the 30-day removal deadline at the center of Enbridge’s push for federal jurisdiction.

Overview

  • Ten Michigan Tribal Nations, represented by Earthjustice, filed an amicus brief on Oct. 21 urging the U.S. Supreme Court to leave Attorney General Dana Nessel’s Line 5 lawsuit in state court.
  • The Sixth Circuit sent the case back to state court after finding Enbridge missed the 30‑day deadline to remove, and the Supreme Court agreed in June to review whether an exception to that deadline is allowed.
  • Tribal leaders argue continued operation of Line 5 threatens treaty‑protected fisheries and Great Lakes resources, citing public‑trust duties and past pipeline harms such as the 2010 Line 6B spill.
  • Enbridge said it welcomes Supreme Court review and points to federal issues, including U.S.–Canada treaty considerations and related federal litigation, as reasons the case belongs in federal court.
  • Line 5 is a 72‑year‑old, 645‑mile pipeline moving more than 500,000 barrels of oil and natural gas liquids daily, and Enbridge proposes relocating the Straits segment into a tunnel that a June U.S. Army Corps report said would reduce leak risk despite short‑term construction impacts.