(WLUC) – The legal battle over Enbridge’s Line 5 pipeline is now before the United States Supreme Court.
Earlier this week, oral arguments were heard by the Supreme Court. Those arguments are now available.
A lawsuit was filed by state Attorney General Dana Nessel in 2019. The suit seeks to shut down Enbridge’s Line 5, which runs through the Straits of Mackinac. Almost two years later, Enbridge tried to have the case moved to federal court. But, they were past the 30-day deadline.
The lawyer representing Enbridge argued that the deadline is flexible and the case should be before a federal court because the pipeline also affects Canada.
“Yes, they brought state court claims. But what we’re talking about is an international pipeline that not only impacts the relationship between the United States and Canada but literally millions of people within and outside Michigan. This is the paradigm case that belongs in federal court,” Enbridge Attorney John Bursch said.
Those opposed to Line 5 say they think the case will end up back in state court.
“I think there’s a pretty good shot that the Justices are going to conclude Enbridge had no reason to miss the 30-day deadline and the law does not excuse them from missing the deadline, and so, therefore, the case will remain in state court,” National Wildlife Federation Attorney Andy Buchsbaum said.
Buchsbaum says there are other ways to transport oil and natural gas.
“In terms of the U.P., the Governor has already put together a task force to look at other sources of U.P. propane, and there are direct propane providers that don’t need to rely on line 5,” Buchsbaum said.
Previously, Enbridge has said Line 5 is regularly inspected and is the most efficient way to transport oil and natural gas. Enbridge is still seeking permits to build the new Line 5 tunnel first proposed in 2018.
The U.S. Army Corps of Engineers is also expected to make a permitting decision in the coming weeks. The Michigan Department of Environment, Great Lakes and Energy is also expected to decide on tunnel permits next month.
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