Michigan attorneys argued before a federal appellate panel to transfer a lawsuit regarding the shutdown of an aging oil pipeline beneath the Straits of Mackinac from federal to state court. The lawsuit against Enbridge Inc.'s Line 5 pipeline is based on state environmental protection laws, including the public trust doctrine and the Michigan Environmental Protection Act. The state claims ownership of the straits' bottom, asserting that federal jurisdiction does not apply to the case.
Enbridge Inc. contends that the case should remain in federal court due to its impact on international trade between the U.S. and Canada. The company missed the deadline to shift the case to federal court, prompting questions from the appellate judges about the delay.
Line 5, constructed in 1953, transports 23 million gallons of crude oil and natural gas liquids daily between Superior, Wisconsin, and Sarnia, Ontario. Concerns about the pipeline's integrity have grown since 2017, following revelations of gaps in its protective coating and damage caused by a boat anchor in 2018.
Michigan Attorney General Dana Nessel filed a lawsuit in state court in 2019 to void an easement allowing Enbridge to operate a section of the pipeline in the Straits of Mackinac. Enbridge moved the case to federal court in 2021, leading to ongoing legal battles.
Enbridge argues that the pipeline is in good condition and proposes encasing the pipes in a protective tunnel. Michigan's approval of a $500 million tunnel project has faced opposition, with a final decision expected in 2026.
Separately, a federal judge ordered Enbridge to shut down part of Line 5 crossing the Bad River Band of Lake Superior Chippewa reservation. The company has proposed rerouting the pipeline to resolve the dispute.
Opponents of the pipeline rallied in Cincinnati, urging for Line 5's shutdown. Michigan officials and Enbridge continue to clash over the jurisdiction and interests involved in the case.
