September 26th, 2023

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AG Nessel filed an appeal in the Enbridge Line 5 case currently being heard in the U.S. Court of Appeals for the Sixth Circuit, arguing that the case should be sent back to the state court where it was originally litigated. The appeal comes after Enbridge had originally agreed to argue the case at the state level, and had only disagreed with the court’s jurisdiction after the state court ruled in favor of temporarily shutting down the pipeline located in the Straits of Mackinac.

The appeal has drawn broad support from states and organizations across the country. Following the appeal, amicus briefs in support of AG Nessel’s appeal were filed by 12 states and the District of Columbia, 63 tribal and first nations, the Great Lakes Business Network, and multiple environmental organizations.

While discussing her gratitude for the broad support for her appeal, AG Nessel further described the ongoing urgency surrounding the Line 5 case, “[t]he Line 5 pipelines are a ticking time bomb that has already been struck by anchors or other objects on multiple occasions. It is unfortunate that Enbridge has been able to delay this lawsuit for three years with procedural gamesmanship, but I am hopeful that the Sixth Circuit will send this case back to state court where it belongs, and where it can be promptly decided.”