Michigan Attorney General Dana Nessel notched a win in her fight against Line 5 owner Enbridge today. The Sixth Circuit Court of Appeals ruled that the case belongs in state court, likely benefitting Nessel in future proceedings.
Nessel sought to shut down Line 5 shortly after taking office in 2019, arguing the oil-transporting pipeline was operating in violation of the state Environmental Protection Act. In 2020, Gov. Gretchen Whitmer revoked the easement originally granted to Enbridge in the 1950s.
The dispute focused on the timing of a request by Enbridge to move the case to federal court. That notice is supposed to be sent within 30 says of the original complaint, but the company waited over 800 days until a similar lawsuit from Whitmer was resolved.
A three-judge panel ruled Monday that Enbridge’s request came far too late for the case to be considered in federal court, sending the case back to Michigan’s 30th Circuit Court.
That court previously handed down a ruling temporarily shuttering Line 5 in 2020. The dispute is still far from over, but could see some movement in the coming months.