Supreme Court to decide whether shutting down Michigan pipeline is a state or federal fight

The U.S. Supreme Court will review a Michigan lawsuit regarding a pipeline beneath the Great Lakes channel. — Image credit: Getty Images

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The U.S. Supreme Court will review Michigan Attorney General Dana Nessel’s lawsuit against Enbridge regarding a pipeline beneath the Great Lakes channel, as it may impact state versus federal jurisdiction over the case. Nessel’s lawsuit aims to void the easement for Enbridge’s 4.5-mile pipeline under the Straits of Mackinac, which has raised pollution concerns since 2017.

The Michigan Department of Natural Resources revoked the easement in 2020, while Enbridge faces ongoing legal challenges regarding the pipeline from both Michigan and Wisconsin courts.

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Key points from the Left

The U.S. Supreme Court will review Michigan Attorney General Dana Nessel's lawsuit against Enbridge regarding a pipeline beneath the Great Lakes channel, as it may impact state versus federal jurisdiction over the case.
Nessel's lawsuit aims to void the easement for Enbridge's 4.5-mile pipeline under the Straits of Mackinac, which has raised pollution concerns since 2017.
The Michigan Department of Natural Resources revoked the easement in 2020, while Enbridge faces ongoing legal challenges regarding the pipeline from both Michigan and Wisconsin courts.

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Key points from the Center

The U.S. Supreme Court announced on June 30, 2025, it will review a lawsuit by Michigan Attorney General Dana Nessel seeking to shut down the 4.5-mile Line 5 pipeline under the Straits of Mackinac.
The legal conflict began after Governor Gretchen Whitmer canceled the state's 1953 easement for Line 5 in 2020, prompting Enbridge to transfer the lawsuit into the federal judicial system the following year, contending that the issue has implications for trade between the U.S. And Canada.
Enbridge is pursuing legal action in federal court to dispute the cancellation of the easement and is applying for permits to enclose the pipeline segment beneath the straits within a protective tunnel amid ongoing safety concerns that escalated after damage occurred in 2018.
In June 2024, a group of three judges from the Sixth Circuit Court of Appeals ruled that the case should return to state court because Enbridge failed to meet the 30-day timeframe required to transfer the lawsuit to federal jurisdiction, although company representatives emphasized that there are exceptions to this deadline.
The Supreme Court's review will focus on whether the case belongs in federal or state court, with Nessel's office stating the lawsuit belongs in Michigan court and the decision not addressing the pipeline's future.

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Key points from the Right

The U.S. Supreme Court will hear a case regarding Enbridge Energy's Line 5, brought in 2019 by Michigan Attorney General Dana Nessel.
Nessel's lawsuit aims to shut down Line 5 operations near the Straits of Mackinac, where the pipeline currently lies on the bottom.
Line 5 moves over 500,000 barrels of oil and natural gas liquids daily and spans from Superior, Wisconsin, to Sarnia, Ontario.
Enbridge Energy had been denied the chance to move the case to federal court before the Supreme Court took it up.

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