Supreme Court weighs jurisdiction in Michigan pipeline lawsuit

In the United States, the U.S. Supreme Court has taken on the case involving Michigan Attorney General Dana Nessel's initiative to shut down a section of the Line 5 pipeline beneath the Straits of Mackinac. Nessel filed her lawsuit in state court back in June 2019, seeking to void the easement issued to Enbridge Energy Company for operating the 4.5-mile section of the pipeline, a crucial conduit for transporting crude oil and natural gas liquids between Wisconsin and Ontario since 1953. The rising concerns surrounding the pipeline stem from fears of potential catastrophic spills following revelations by Enbridge engineers in 2017 about existing gaps in protective coatings on the pipeline, which had been known since 2014. A significant incident that heightened these concerns occurred in 2018 when the section sustained damage from a boat anchor. In June 2020, Ingham County Judge James Jamo granted Nessel a restraining order to shut down the pipeline temporarily; however, Enbridge continued operations under certain safety precautions. As the lawsuit progressed, Enbridge noted its jurisdictional challenges and moved the case to federal court in 2021, claiming implications for U.S. and Canadian trade. The legal back-and-forth led to the 6th U.S. Circuit Court of Appeals returning the case to state court in June 2024, ruling that Enbridge had missed the 30-day deadline for jurisdictional changes. The Supreme Court's decision to review the case reflects the ongoing tension between state legal authority and federal jurisdiction, a vital issue for both environmental protection advocates and energy interests in the region. Enbridge has argued that exceptions to the deadline may apply, while supporters of the state lawsuit contend that it should remain in Michigan courts, citing the public trust doctrine. The Michigan Department of Natural Resources, under Governor Gretchen Whitmer, revoked the easement for Line 5 in 2020, prompting Enbridge to file a separate federal lawsuit against that decision. Furthermore, the energy company is pursuing permits to safely encase the section of the pipeline under the Straits in a protective tunnel. Although the Michigan Public Service Commission granted some permits in 2023, further approvals are still pending from federal and state environmental agencies, underscoring complexities tied to this multifaceted legal and environmental issue.