LANSING, Mich. (Michigan News Source) — Before deciding the fate of Line 5, the U.S. Supreme Court is deciding something more technical and potentially just as important: which courtroom gets the case.
Nearly seven years after Michigan Attorney General Dana Nessel sued to shut down Enbridge’s Line 5 pipeline beneath the Straits of Mackinac, the dispute returned to court Feb. 24. This time, judges considered whether Enbridge failed to act within the required 30-day window to transfer the matter from state court to federal court.
Enbridge waited more than two years to attempt the transfer, arguing federal issues—including a U.S.-Canada treaty—justify flexibility. Michigan says the deadline is clear and can’t be stretched after the fact.
The distinction matters. Federal courts have previously ruled in Enbridge’s favor in related cases, while Nessel’s lawsuit relies on state public trust law—terrain generally more favorable to Michigan.
Line 5, in operation for more than 70 years, carries about 540,000 barrels of oil and natural gas liquids daily through the Great Lakes. Supporters warn closure could disrupt fuel supplies; opponents cite spill risks.
The justices are expected to rule by June, deciding not whether Line 5 stays open, but where that battle will be fought.