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Enbridge, Michigan back in court to renew battle over Line 5

January 19, 2022   Don Horne

Enbridge Inc. and the state of Michigan are renewing their legal hostilities over the future of the controversial Line 5 pipeline — and their latest court battle looks an awful lot like the last one.

Attorney General Dana Nessel and Gov. Gretchen Whitmer were dealt a setback last November when District Court Judge Janet Neff granted Enbridge’s request that the case be removed to federal court, a decision that prompted Michigan to abandon that particular challenge.

Instead, the state is focusing its efforts on a separate but similar circuit court action filed in 2019 that spent last year in a state of suspended animation, and which Enbridge is once again arguing should be heard by a federal judge because it comprises an important foreign policy question.

Too late, Nessel argues in her latest tract of court documents, filed Friday with the very same judge who heard the original arguments.

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“The present action was pending in state court for nearly two and a half years before (Enbridge) removed it to this court,” she says. Federal law makes it clear that cases can only be removed to federal jurisdiction within 30 days of a complaint being filed, the documents note.

“It is more than two years too late, and federal courts do not condone this type of gamesmanship and abuse of the removal statutes.”

By Nessel’s logic, Enbridge knew perfectly well it could have petitioned to have the case removed when it was originally filed but opted not to do so until now — a “remarkably dilatory” act based on an argument that “defies the facts, the law and basic common sense.”

Enbridge has yet to file a response to Nessel’s latest brief. However, the company has repeatedly indicated it has no plans to shut down Line 5 voluntarily and will continue to fight in court to keep it running.

(Global News/Canadian Press)


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