On Wednesday, the U.S. Supreme Court sided with Michigan, allowing a state lawsuit to proceed against Enbridge Energy regarding an aging pipeline beneath the Great Lakes. The unanimous ruling, written by Justice Sonia Sotomayor, stated the case belongs in state court since Enbridge waited too long to transfer it to federal court.
The lawsuit, initiated by Michigan Attorney General Dana Nessel in June 2019, seeks to invalidate an easement for a 4.5-mile section of the pipeline under the Strait of Mackinac. Although a judge ordered the pipeline shut down in 2020, operations continued under safety conditions.
Enbridge had claimed the case pertained to U.S.-Canada trade, leading to the federal court move, but the Sixth Circuit Court sent it back to state court due to missed deadlines. Since 2017, concerns about potential ruptures and spills have increased, worsened by documented gaps in the pipeline’s protective coating.
The Michigan Department of Natural Resources revoked the pipeline’s easement in 2020, but a federal ruling blocked this action, stating federal regulators hold safety responsibility. Nessel emphasized her case’s validity, citing the Supreme Court’s decision.
Enbridge seeks to construct a protective tunnel for the pipeline, with related state permits granted, but faced legal challenges from environmental groups and Michigan tribes. The ongoing disputes reflect broader issues regarding the pipeline’s safety and environmental impact.
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