Line 5 Case Heard in State Court. On January 27, substantive arguments were finally presented in Ingham County Court before Judge James Jamo. This was more than five years after Attorney General Dana Nessel filed a lawsuit to terminate Enbridge’s Line 5 easement on the bottomlands of the Straits of Mackinac. https://michiganadvance.com/2025/01/27/canadas-enbridge-argues-there-is-no-room-for-michigans-regulations-as-line-5-hearings-resume/
Sierra Club joined other organizations to submit amicus briefs in support of the attorney general’s case.
“Enbridge has deliberately caused years of delay through procedural tactics, attempting to block Michigan courts from deciding a critical issue that directly impacts its residents,” Nessel said in a statement released on January 27. “Line 5 has long been operating in the Straits on an invalid easement, posing a significant threat to the people of this state and our environment. After more than five years, I’m glad we finally had this opportunity to present our case on behalf of the People of Michigan and our Great Lakes in state court.”
The assistant attorney general presented compelling arguments in support of the case Nessel brought against Enbridge, while also countering Enbridge's request to dismiss. The attorney general based her case on the state's obligation to protect the interests of the people of Michigan, who are the owners of the bottomlands under the public trust doctrine. Dan Bock, the assistant attorney general representing the state, cited significant omissions in the 1953 easement agreement that support the argument for revoking the easement.
Enbridge argues that the state has no authority to enforce the public trust in the case of this pipeline, claiming they are preempted by federal law and a United States treaty with Canada. The massive Canadian pipeline company contends that the state can only seek relief in the form of monetary damages in the case of a leak in the dual pipelines in the Straits before they can take action. Despite multiple concerns with the pipeline, including anchor strikes and other damage, Enbridge claims there is no imminent threat of the pipeline bursting and causing potentially billions of dollars of damage.
BUTTON: Join the fight to shut down Enbridge Line 5 https://www.oilandwaterdontmix.org/take_action