A federal judge ruled against Michigan’s request to remand its lawsuit against the Line 5 pipeline back to a state court, delivering a win for Canadian operator Enbridge Energy.
U.S. District Judge Janet Neff on Tuesday ruled the case was properly within federal court jurisdiction, rejecting Michigan’s arguments that because its suit was brought on the basis of state laws that it belongs in state court and that the matters of federal law Enbridge raised in getting the case moved to federal court were insubstantial.
“The federal issues are far from ‘trivial’ but raise vitally important questions that implicate the federal regulatory scheme for pipeline safety and international affairs,” Neff said.
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Michigan last November issued a notice revoking an easement for Enbridge’s pipeline, which carries crude oil product from Canada through its borders, and sought injunctive relief from a state court to pause its operations during the intermittent 180-day period until the notice went into effect.
Enbridge successfully removed the case to federal court, arguing that the move violated the Constitution’s supremacy and interstate commerce clauses, as well as a treaty between Canada and the United States governing pipeline operations, and praised the decision.
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“This is both a federal and international law issue, and the federal court will now handle the case,” said company spokesman Ryan Duffy. “Line 5 is vital, critical infrastructure which is operating safely and is in compliance with all applicable laws.”
The office of Gov. Gretchen Whitmer, a Democrat, said it remains committed “to getting the Line 5 dual pipelines out of the water as quickly as possible,” according to the Detroit News.
The Army Corps of Engineers is undertaking an environmental impact review of a replacement segment of the pipeline.
