In a sweeping unanimous decision, the U.S. Supreme Court has sided decisively with Michigan in its high-stakes legal fight against Calgary-based Enbridge Energy, ruling that the state's lawsuit to shut down a controversial Great Lakes pipeline must remain in state court.
Justice Sonia Sotomayor, writing for the entire court, determined that Enbridge missed a critical 30-day deadline to move the case to federal court—a procedural misstep that may prove fatal to the company's legal strategy.
The decision centres on Line 5, a 73-year-old pipeline that has transported crude oil and natural gas liquids from Superior, Wisconsin, to Sarnia, Ontario, since 1953. The flashpoint: a 6.4-kilometre section running beneath the Straits of Mackinac, the narrow waterway connecting Lake Michigan and Lake Huron.
Years of Escalating Tensions
Michigan Attorney General Dana Nessel launched the lawsuit in June 2019, seeking to revoke the easement that allows Enbridge to operate the underwater pipeline. Her concerns are rooted in mounting evidence of deterioration: engineers revealed in 2017 that protective coating gaps had existed since at least 2014. A boat anchor strike in 2018 intensified fears of a catastrophic rupture.
In June 2020, an Ingham County judge issued a restraining order temporarily shutting down the pipeline—though Enbridge continued operations after implementing enhanced safety measures. That same year, Michigan Governor Gretchen Whitmer's administration revoked the straits easement entirely.
Enbridge responded by attempting to move the case to federal court in 2021, arguing the dispute involved U.S.-Canadian trade implications. A three-judge panel from the 6th U.S. Circuit Court of Appeals rejected that argument in June 2024, finding the company had missed its jurisdictional window.
What's Next for Enbridge
The Supreme Court's backing of Michigan doesn't end the pipeline saga. Enbridge continues pursuing permits to encase the underwater section in a protective tunnel—a plan approved by Michigan's Public Service Commission in 2023. The company still requires sign-off from the U.S. Army Corps of Engineers and Michigan's Department of Environment, Great Lakes and Energy.
Meanwhile, a separate federal lawsuit over the 2020 easement revocation remains in play, and Enbridge faces additional pressure in Wisconsin, where a federal judge ordered the company to shut down a section of Line 5 crossing the Bad River Band of Lake Superior's reservation within three years. Enbridge has appealed that decision.
The case underscores the growing tensions between energy infrastructure and environmental protection in North America—and the legal leverage that states now possess to challenge aging industrial operations on their doorsteps.
This article is based on reporting from CBC World. Read the original story here.