In a legal saga that could redefine federal jurisdiction boundaries, the U.S. Supreme Court agreed Monday to review a pivotal Sixth Circuit decision that rebuffed Enbridge Energy LP’s effort to shift Michigan’s high-stakes Line 5 lawsuit from state to federal court. At the heart of the dispute: a ticking 30-day removal deadline and a pipeline running through one of North America’s most sensitive ecological zones.
The case, initially filed by Michigan Attorney General Dana Nessel, seeks to shut down the Line 5 pipeline, which slices beneath the Straits of Mackinac, a critical connector between Lake Michigan and Lake Huron. The Sixth Circuit ruled in June 2024 that Enbridge’s attempt to move the case to federal court came too late, citing a statutory time limit that the company allegedly blew past.
Federal Clock Versus Environmental Crisis
Nessel’s lawsuit argues that Line 5 poses an unacceptable environmental risk, threatening a catastrophic spill in the Great Lakes. Enbridge countered that the case transcends state law, touching on international treaties with Canada and federally governed pipeline safety regulations — a position it claims demands federal court attention.
But the appellate court saw things differently. It ruled that Enbridge knew the basis for federal jurisdiction as early as 2020, when it removed a parallel suit filed by Michigan Governor Gretchen Whitmer. That, the court said, made Enbridge’s 2021 removal of Nessel’s case too late — with no valid exception to the statutory 30-day deadline.
