The U.S. Supreme Court has supported Michigan’s stance in a decision on Wednesday, affirming that the state’s legal action to close a segment of an old pipeline beneath a Great Lakes channel will remain in state court. Justice Sonia Sotomayor, speaking for a united court, stated that Enbridge, a company based in Calgary, missed the window to request a transfer of the case to federal court.
The dispute revolves around a pipeline that has been transporting crude oil and natural gas liquids between Superior, Wisconsin, and Sarnia, Ontario, since 1953. Michigan Attorney General Dana Nessel initiated legal action in state court in June 2019 to invalidate the easement permitting Enbridge to operate a 6.4-kilometre stretch of pipeline under the Straits of Mackinac, connecting Lake Michigan and Lake Huron.
Despite a restraining order issued by Ingham County Judge James Jamo in June 2020 to halt pipeline operations, Enbridge was allowed to continue after fulfilling safety requirements. In 2021, Enbridge moved the lawsuit to federal court, contending that it impacts U.S. and Canadian trade. However, a three-judge panel from the 6th U.S. Circuit Court of Appeals returned the case to Jamo in June 2024, citing Enbridge’s failure to meet a 30-day deadline for changing jurisdictions.
The pipeline in question, known as Line 5, has raised concerns about the possibility of a catastrophic spill due to its aging infrastructure. Michigan Governor Gretchen Whitmer’s administration revoked the Line 5 easement in 2020, prompting Enbridge to challenge the decision in a separate federal lawsuit.
Enbridge is currently pursuing permits to encase the pipeline section beneath the straits in a protective tunnel. While the Michigan Public Service Commission granted relevant permits in 2023, Enbridge still awaits approval from the U.S. Army Corps of Engineers and the Michigan Department of Environment, Great Lakes, and Energy.
The pipeline has also sparked legal battles in Wisconsin, where a federal judge in Madison instructed Enbridge to shut down a portion of Line 5 running across the Bad River Band of Lake Superior’s reservation within three years. Enbridge has proposed rerouting the pipeline around the reservation and has contested the shutdown order at the 7th U.S. Circuit Court of Appeals.