The U.S. Supreme Court ruled unanimously Wednesday that Enbridge missed its window to move Michigan’s Line 5 case to federal court, handing Attorney General Dana Nessel a procedural win that keeps her shutdown lawsuit in state court.
The decision, written by Justice Sonia Sotomayor in a 14-page opinion, found that Enbridge waited 887 days after receiving Nessel’s initial complaint before requesting removal to federal court. The company’s 30-day deadline had long passed. That’s not a close call.
The ruling doesn’t shut down the 645-mile pipeline itself. It doesn’t even resolve the underlying question of whether Line 5 should keep operating. What it does is hand Nessel the courtroom she wanted, setting the stage for a state-level fight over a pipeline that carries up to 23 million gallons of crude oil and natural gas liquids through the Straits of Mackinac every single day.
What Line 5 Actually Does
The pipeline runs from northwestern Wisconsin into Sarnia, Ontario, cutting through Michigan’s Upper Peninsula along the way. The most contested stretch is a four-mile segment of dual pipelines running through the Straits of Mackinac, where Lake Huron and Lake Michigan meet. Nessel has called it a “ticking time bomb” for the Great Lakes, and tribal nations have fought its continued operation for years.
Bay Mills Indian Community President Whitney Gravelle welcomed Wednesday’s ruling directly. “Today’s decision honors the truth that the Straits of Mackinac are not a bargaining chip and reaffirms what Tribal Nations have always known. We have the right and the responsibility to protect the Great Lakes,” Gravelle said in a statement. “The Supreme Court saw through Enbridge’s delay tactics and upheld the rule of law. This is a victory for our waters, our treaty rights, and the next seven generations who depend on the Great Lakes for life itself.”
Enbridge isn’t reading it the same way. Spokesperson Ryan Duffy said in an emailed statement that the underlying safety picture hasn’t changed. “Setting aside the procedural decision, the fact remains that the safety of Line 5 is regulated exclusively by the Pipeline and Hazardous Materials Safety Administration,” Duffy said, adding that the agency hasn’t identified any safety issues that would warrant shutdown.
The Whitmer Easement Fight Complicates Everything
Wednesday’s ruling lands in the middle of a separate and still-unresolved legal fight. Nessel’s case is currently stayed, waiting on the outcome of a challenge Enbridge filed against Gov. Gretchen Whitmer and the director of the Michigan Department of Natural Resources after they revoked the company’s easement to operate Line 5 in the Straits.
The Michigan Advance reported that the United States District Court for the Western District of Michigan ruled in December that the easement revocation was unenforceable. The court found that the Pipeline Safety Act of 1992 preempts states from placing safety regulations on interstate pipelines. Whitmer has appealed that ruling.
That appeal is the key thing to watch right now. If the appeals court sides with Enbridge and upholds the Western District’s December ruling, the state’s ability to force any action on Line 5 narrows considerably, regardless of what happens in Nessel’s case. If Whitmer wins on appeal, the easement revocation stands and Enbridge’s authorization to operate through the Straits could be pulled.
What This Means for the Great Lakes
The stakes for Michigan are not abstract. The Straits of Mackinac sit at the heart of the Great Lakes watershed, which holds roughly 20% of the world’s surface fresh water. A spill at that four-mile stretch would threaten drinking water for millions of people across Michigan and the broader region.
Enbridge argues its pipeline is safe and federally regulated to a standard that makes state intervention unnecessary. Tribal nations and environmental groups say the company has spent years running out the clock rather than addressing the risk. Wednesday’s Supreme Court ruling, unanimous across all nine justices, suggests at least one delay tactic has run its course.
Nessel’s case now waits in state court while the Whitmer appeal works through the federal system. Both proceedings carry significant consequences for what happens to Line 5 in the Straits, and Michigan communities on both peninsulas will be watching the appeals court’s next move closely.
