The legal conflict between Enbridge Energy and the state of Michigan over the Line 5 pipeline continues as the U.S. Supreme Court has decided not to intervene in a ruling that enables Enbridge to pursue litigation against Michigan. This decision stems from Michigan’s ongoing attempts to shut down the pipeline, citing environmental risks at the Straits of Mackinac, where the pipeline lies.
Michigan has long expressed concerns about the safety of Line 5, which consists of two pipelines laid across the bottom of the Straits of Mackinac, a critical juncture linking Lake Michigan and Lake Huron. Despite Michigan’s efforts to halt the operation, Enbridge has taken legal action, arguing in federal court. The state’s position, based on sovereign immunity, was dismissed by lower courts.
In response to the Supreme Court’s choice not to reevaluate the case, Danny Wimmer, representing Michigan Attorney General Dana Nessel, stated, “We are disappointed by the Supreme Court’s decision not to review this important issue of state sovereignty. We will continue to fight for the people of Michigan on these vital issues concerning the Line 5 pipelines in the Straits.”
The appellate court’s ruling permits Enbridge to challenge Michigan’s attempts to prevent the company’s proposed project to encase the pipeline within a tunnel beneath the straits. While Enbridge maintains the pipeline’s safety, they assert that the tunnel would further enhance safety measures for transporting crude oil and natural gas through the region.
Enbridge spokesperson Ryan Duffy emphasized the pipeline’s compliance with multiple regulatory frameworks in a communication to Michigan Public Radio, noting, “Line 5 is operating in accordance with federal law, interstate commerce regulations, and international treaty obligations. These frameworks recognize the essential role Line 5 plays in meeting the energy needs of the Great Lakes region and supporting its economic vitality.”
The legal proceedings are far from resolved, with ongoing debates over the jurisdiction—whether the case should be heard in state or federal courts—continuing to unfold. This was highlighted during hearings in February regarding a separate jurisdictional issue.
Editor’s note: Enbridge is among Michigan Public’s corporate sponsors.
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