The U.S. Supreme Court has ruled in favor of Michigan, determining that the state’s legal battle to halt operations of a segment of an old pipeline under a Great Lakes waterway will proceed in state court. Justice Sonia Sotomayor, speaking for a unanimous court, stated that Enbridge, a Calgary-headquartered energy firm, delayed too long in attempting to transfer the case to federal jurisdiction.
This case is part of a complex legal conflict surrounding a pipeline that has transported crude oil and natural gas liquids between Superior, Wisconsin, and Sarnia, Ontario, since 1953. Michigan Attorney General Dana Nessel initiated the lawsuit in state court in June 2019, aiming to annul the easement permitting Enbridge to run a 6.4-kilometer portion of the pipeline beneath the Straits of Mackinac, connecting Lake Michigan and Lake Huron.
Nessel, a member of the Democratic Party, obtained a court order halting pipeline operations from Judge James Jamo in Ingham County in June 2020. Despite this, Enbridge was allowed to continue operations after fulfilling safety criteria. In 2021, Enbridge attempted to transfer the case to federal court, arguing its impact on U.S. and Canadian trade. However, a panel of three judges from the 6th U.S. Circuit Court of Appeals returned the case to Judge Jamo in June 2024, citing Enbridge’s failure to meet a 30-day deadline for changing jurisdictions.
The disputed pipeline, known as Line 5, has raised concerns about a potential rupture under the straits causing a significant spill. Worries escalated in 2017 when Enbridge engineers disclosed knowledge of gaps in the protective coating of the section since 2014. A boat anchor incident in 2018 further heightened spill fears.
In a separate move, the Michigan Department of Natural Resources under Governor Gretchen Whitmer, also a Democrat, revoked the Line 5 easement for the straits in 2020. Enbridge has initiated a federal lawsuit contesting the revocation.
Enbridge is currently pursuing permits to encase the pipeline section under the straits within a protective tunnel. While the Michigan Public Service Commission issued relevant permits in 2023, Enbridge still requires approval from the U.S. Army Corps of Engineers and the Michigan Department of Environment, Great Lakes, and Energy.
The pipeline is also entangled in a legal conflict in Wisconsin, where a federal judge in Madison directed Enbridge to shut down part of Line 5 passing through the Bad River Band of Lake Superior’s reservation within three years. Enbridge has suggested rerouting the pipeline around the reservation and has appealed the shutdown order to the 7th U.S. Circuit Court of Appeals.
