Article courtesy of MIRS for SBAM’s Lansing Watchdog newsletter
The U.S. Supreme Court denied Michigan’s appeal challenging state sovereignty in Enbridge Energy’s lawsuit related to Line 5.
The Monday denial came without explanation.
“We are disappointed by the Supreme Court’s decision not to review this important issue of state sovereignty,” said Attorney General Press Secretary Danny Wimmer. “We will continue to fight for the people of Michigan on these vital issues concerning the Line 5 pipelines in the Straits.”
In a statement Wednesday, Enbridge said the federal appellate court’s affirmation of a 2024 decision declining immunity “made clear that Enbridge’s suit falls within the exception to sovereign immunity.”
The state said Enbridge agrees that there is no reason to review that decision.
“Line 5 is operating in accordance with federal law, interstate commerce regulations and international treaty obligations,” Enbridge spokesperson Ryan Duffy said. “These frameworks recognize the essential role Line 5 plays in meeting the energy needs of the Great Lakes region and supporting its economic vitality.”
Attorney General Dana Nessel’s office asked the court to clarify the scope of states’ immunity from lawsuits over sovereign lands.
Michigan granted the Canadian-based Enbridge an easement in 1953 to construct and operate pipelines on the Straits of Mackinac’s bottomlands, but Gov. Gretchen Whitmer revoked that easement in November 2020.
As a result, Enbridge sued Whitmer in federal court, and a U.S. Sixth Circuit Court of Appeals panel held in April 2025 that the lawsuit fell within an exception to sovereign immunity, allowing the lawsuit to proceed.
In December, U.S. District Judge Robert Jonker held that Michigan cannot shutter Line 5 because pipeline safety is the U.S. government’s responsibility and Michigan “lacks the power to interfere.”
A separate lawsuit brought by Nessel is pending before the Supreme Court, who heard arguments in February over whether her lawsuit should be heard in federal or state court.
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