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Supreme Court Unanimously Keeps Michigan’s Line 5 Fight in State Court

The decision cements state-court control of Michigan's bid to void the Straits easement.

Overview

  • The Supreme Court, which ruled unanimously Wednesday, said Enbridge waited too long to shift Michigan’s Line 5 lawsuit to federal court.
  • The ruling keeps the case with a state judge as Michigan seeks to void the easement and shut the 4–4.5 mile Straits of Mackinac segment after coating gaps and a 2018 anchor strike raised spill fears.
  • The justices left in place a 6th Circuit finding that Enbridge missed the 30-day deadline for removing a state case to federal court.
  • Enbridge had argued for federal jurisdiction by pointing to a 1977 U.S.–Canada treaty that shields cross-border pipeline transit from state interference.
  • Separately, Enbridge is pursuing a tunnel to encase the straits section, with utility permits granted in 2023 while U.S. Army Corps and Michigan environmental reviews remain pending.