Enbridge continues to reap millions of dollars in profit each day from dangerous, aging pipelines, risking an oil spill that threatens jobs, drinking water, and a way of life
Editor’s Note: The following is a media release issued by FLOW on November 16, 2021; please contact Executive Director Liz Kirkwood at (570) 872-4956 or Liz@FLOWforWater.org or Senior Legal Advisor Jim Olson at (231) 499-8831 or Jim@FLOWforWater.org.
Judge Neff’s decision today addresses only the narrow, procedural issue of whether a state or federal court should decide if the State of Michigan lawfully ordered the shutdown of the Line 5 oil pipelines in the Straits of Mackinac. Although the federal court’s decision to exercise jurisdiction over this matter is disappointing, it does not resolve the validity of the State’s action to protect the public’s legally revered interests in the Great Lakes. Canadian energy transport giant Enbridge continues to defy the order to shut down Line 5.
The decision is legally deficient for multiple reasons, most notably because it failed to consider express provisions of federal law that affirm Michigan’s sovereign right to apply and enforce its own laws to protect its waters and environment. The court also did not properly consider the State’s sovereign interests as required when making a jurisdictional determination.
“The court overlooked the sovereign public interests of Michigan, an omission that seriously threatens not only Michigan’s sovereignty over its navigable water, but every state in the nation,” said FLOW Founder and Senior Legal Advisor Jim Olson.
The decision also threatens the sovereign interests of states by setting an extremely low bar for removing state-court lawsuits to federal court. This could result in the weaponization of federal jurisdiction by foreign corporations seeking to litigate disputes involving state law in federal court.
“Fortunately,” said Liz Kirkwood, Executive Director of FLOW, “until decided by a court, Governor Whitmer’s revocation of Line 5 stands firm. FLOW stands in solidarity with the State of Michigan as Attorney General Nessel defends the public waters of the Great Lakes in this nationally significant litigation.”
Background from FLOW:
Key Context on Federal Lawsuit:
- Nov. 25, 2020 — Enbridge’s Federal Lawsuit Attacks State Authority to Protect the Great Lakes from Line 5 – FLOW
Recent Line 5 Analysis:
- Nov. 3, 2021 — Line 5’s Clock is Ticking Ever Louder in the Great Lakes — FLOW
- October 5, 2021 — Why Do Canadians Seem to Care So Little about Protecting the Great Lakes from Line 5? — FLOW
State’s Line 5 Shutdown Deadline:
- May 12, 2021 — Defying Today’s State Deadline to Shut Down Line 5, Enbridge Is Risking the Great Lakes and Privatizing the Public Trust – FLOW
Reality Check:
- June 23, 2021 — Remember When Line 5 Shut Down a Year Ago, and None of Enbridge’s Doomsaying Came True? – FLOW
- June 2, 2021 — Fact Check: When Line 5 Shuts Down, Detroit Jets Will Still Fly and Union Refinery Jobs Will Still Exist – FLOW
Gov. Whitmer’s Line 5 Shutdown Order & Reaction:
- Nov. 25, 2020 — Enbridge’s Federal Lawsuit Attacks State Authority to Protect the Great Lakes from Line 5 – FLOW
- Nov. 13, 2020 — FLOW Praises Gov. Whitmer for Upholding Public Trust Law on Line 5 by Revoking and Terminating Easement – FLOW
For more information, see FLOW’s Line 5 fact sheets and blogs:
- FLOW’s Program on Line 5 in the Straits of Mackinac
- FLOW’s Line 5 Fact Sheets:
FLOW’s Blog Coverage: Line 5 blogs providing news & analysis.
