Enbridge Demands Michigan’s Pipeline Lawsuit To Move To Federal Court

In November 2020, Michigan Gov. Gretchen Whitmer gave an order to Enbridge of closing it 68-year-old line and it has been a big conflict since then.

An Enbridge Energy lawsuit seeking the shutdown of an oil pipeline that runs beneath a channel connecting two of the Great Lakes was moved to federal court on Wednesday.

A lawsuit filed in state court by Attorney General Dana Nessel in 2019 should be heard by U.S. District Judge Janet Neff, who last month retained jurisdiction over a separate case brought by the Canadian company to keep oil flowing through its Line 5 pipeline.

“We are hopeful that the attorney general will agree that it makes sense for her case and the Enbridge case to be decided by the federal court rather than risk duplicative litigation and inconsistent results,” spokesperson Ryan Duffy said.

Nessel, on the other hand, argued that the “outrageous manoeuvre” violates a federal rule that requires cases to be transferred within 30 days of the initial filing.

“We will address this flagrant attempt to undermine that process in court and remain fervently committed to our belief that the fate of Michigan’s greatest natural resources should be determined in a Michigan court,” Nessel said.

Multi-year political, legal battle over Line 5

In a multi-year legal and political battle over Line 5, Enbridge’s latest gambit was the latest twist. Line 5 carries 87 million litres per day of crude oil and natural gas liquids from Superior to Sarnia, Ontario.

It runs through northern Wisconsin and the Upper Peninsula of Michigan and is part of an Enbridge network that transports Canadian crude to refineries in both countries.

In the Straits of Mackinac, where the Great Lakes Michigan and Huron meet, a 6.4-kilometer section is divided into two pipes for navigation. Enbridge says the pipelines have never leaked and are in good working order, but environmentalists and indigenous communities worry about the possibility of a spill that would pollute hundreds of kilometres of water and shorelines.

A 1953 state easement allowing the 68-year-old Enbridge line to be placed in the straits was revoked by Michigan Gov. Gretchen Whitmer in November 2020. Despite the Democratic governor’s May 12 deadline, the Calgary-based company filed a federal lawsuit anyway.

In order to enforce Whitmer’s order, Nessel filed a lawsuit in state court, and he requested that Neff do the same. Last month, however, the judge decided the case should be heard in federal court because it raises issues “currently under consideration at the highest levels of this country’s government.”

In addition, Canada has invocaked a 1977 treaty with the United States that governs oil shipments between the two countries, according to Neff.

As a result of this response, Whitmer and Nessel have dropped their 2020 lawsuit and refocused their attention on the 2019 case that was filed in Ingham County, Michigan. State and federal environmental laws are said to be violated by the presence of Line 5.

A status hearing has been set for January 7 before Judge James Jamo.

According to a statement from Enbridge, the two cases are related and should be heard by the same judge. Within 30 days of receiving “solid and unambiguous information” that such an action could be taken, a lawsuit defendant may be allowed by federal law to move a case from state court to federal court.

Neff’s ruling Nov. 16 “provided the solid information relied on here, and the case has now been removed for further proceedings before the federal district court,” the company said.

Enbridge’s interpretation of the rules was challenged by Nessel.

“Our residents deserve more than a company who seeks to profit from our natural resources while at the same time attempting to evade legal review of their actions by our state’s courts,” she said.

Original source material for this article taken from here