By Canadian Press

Michigan judge rejects attorney general’s effort to move Line 5 case to state court

Nov 16, 2021 | 5:31 PM

WASHINGTON — A judge in Michigan has rejected the state attorney general’s effort to get the dispute over the Line 5 cross-border pipeline kicked out of federal court. 

U.S. Circuit Court Judge Janet Neff issued the long-awaited written ruling late Tuesday, agreeing with Calgary-based pipeline operator Enbridge Inc. that the dispute involves “substantial federal issues.” 

The decision resolves one of the central questions in the case — whether a federal court is the proper forum — and gives additional weight to Enbridge’s argument that the dispute is a bilateral issue for Canada and the U.S. to resolve. 

In her ruling, Neff said she’s satisfied that the Line 5 case comprises a “substantial federal question” and that hearing it won’t undermine Michigan’s right to resolve state issues. 

It also marks a significant victory for Enbridge, which sought the move to federal court in the first place, a move the state of Michigan has been contesting for the last 12 months. 

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Neff also agreed to accept two recent supplemental briefs filed by the federal government in Ottawa detailing Canada’s decision to invoke a 1977 treaty designed to ensure the uninterrupted flow of cross-border energy between the two countries. 

“Enbridge is pleased with the decision and agrees that this case belongs in federal court, as we’ve asserted all along,”  the company said in a statement. 

 “This is both a federal and international law issue and the federal court will now handle the case.” 

This report by The Canadian Press was first published Nov. 16, 2021. 

The Canadian Press