Supreme Court Keeps Line 5 Case in State Court

The U.S. Supreme Court ruled unanimously on Wednesday that a Michigan lawsuit seeking to shut down a section of Enbridge's Line 5 pipeline beneath a Great Lakes waterway must remain in state court, rejecting the energy company's bid to transfer the case to federal jurisdiction. In an opinion written by Justice Sonia Sotomayor, the court held that Enbridge missed a strict 30-day deadline under federal law to seek removal, and courts cannot extend that period through equitable tolling.

The decision stems from a 2019 lawsuit filed by Michigan Attorney General Dana Nessel in state court. Nessel sought to void a 1953 easement allowing Enbridge to operate a 4.5-mile underwater segment of the pipeline under the Straits of Mackinac, the channel connecting Lake Michigan and Lake Huron. The pipeline, operational since 1953, transports crude oil and natural gas liquids from Superior, Wisconsin, to Sarnia, Ontario. Nessel argued the operation violates state law and poses an unacceptable risk to the Great Lakes ecosystem.

In June 2020, an Ingham County judge granted a restraining order to shut down the segment, though Enbridge continued operations after implementing additional safety...