Michigan AG Filed Lawsuit to Shut Down Enbridge Line 5 Pipeline

NOVEMBER 13, 2020

On November 13, 2020, Michigan Attorney General Dana Nessel filed a lawsuit in state court on behalf of the state’s governor and Department of Natural Resources to shut down Enbridge’s Line 5 pipeline, which passes beneath the Straits of Mackinac and poses a serious spill risk to the Great Lakes region. The lawsuit sought to revoke and terminate the easement granted by the state to Enbridge that allows the pipeline to cross beneath the Straits, based on the company’s “persistent and incurable violations of the Easement’s terms and conditions.” The complaint emphasized that the pipeline must be shut down because “continued operation of the exposed Straits Pipelines in the open water, where recent events demonstrate they are vulnerable to impacts by anchors and other external objects, creates an unreasonable risk of grave environmental and economic harm that violates its due-care obligation under the Easement.”

After Enbridge filed to move Michigan Attorney General Dana Nessel’s state-court lawsuit against Enbridge’s Line 5 pipeline to federal court, AG Nessel responded with a December 15, 2021 statement explaining that Enbridge had failed to complete this filing within the required 30-day window. AG Nessel filed a motion to remand the case to state court with briefing that began in February 2022. In August 2022, the district court denied the motion to remand, which AG Nessel responded to with a motion asking the court to certify the decision for interlocutory appeal.

While that matter was pending, AG Nessel filed a February 17, 2023 petition for a writ of mandamus in the Sixth Circuit asking the court to send the case back the state court. On February 22, 2023, the district court granted AG Nessel’s request to certify its August 2022 ruling, allowing AG Nessel to file a motion asking the Sixth Circuit to review whether the case should be sent back to state court. On July 21, 2023, the Sixth Circuit granted AG Nessel’s request to review the lower court’s decision, giving AG Nessel the opportunity to argue before the Sixth Circuit for why the case should be moved back to state court. In September 2023, AG Nessel filed her brief on appeal in the Sixth Circuit. In March 2024, AG Nessel’s office gave oral arguments before the Sixth Circuit arguing that the case should be heard in state court.