March 21st, 2024

The Line 5 case, Nessel v. Enbridge should be fought in state courts, according to arguments from the Department of Attorney General given to the Sixth Circuit Court of Appeals in Cincinnati, Ohio. The case was originally filed and litigated in state courts for over a year but is now being litigated in federal courts, where Enbridge may have legal advantages.

AG Nessel argued that the case belongs in state courts because it relates to the people of the State’s interest in protecting Michigan’s Great Lakes from pollution from the aging Line 5 pipeline, which runs underneath the Great Lakes and transports millions of gallons of oil per day. If Line 5 is not shut down, this poses the danger of a massive oil spill in the Great Lakes which would damage Michigan’s economy and environment. 

Michigan LCV is giving this action a score of 2 out of 4 for AG Nessel’s continued advocacy and perseverance in the Nessel v. Enbridge case. The federal trial court of appeals agreed with AG Nessel that Enbridge’s removal of the case from state courts to federal court was late and improper. This could set her up for success in returning the case to state courts, ideally resulting in a win to shut down Line 5.

Previous intervention: AG NESSEL FILES A BRIEF TO APPEAL LINE 5 CASE RETURN TO STATE COURTS – WEIGHT 1

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