Full Breakdown
Michigan Tribal Nations Challenge Enbridge's Line 5 Pipeline in Supreme Court
10/23/2025, 2:10:18 AM
Legal Background and Core Conflict
Ten Native American tribal nations in Michigan have filed an amicus brief with the U.S. Supreme Court, urging the court to reject Canadian oil company Enbridge's attempt to move a lawsuit regarding the aging Line 5 oil and gas pipeline from state to federal court. The case originated from a 2019 lawsuit filed by Michigan Attorney General Dana Nessel, which seeks to shut down the dual pipelines that traverse the Straits of Mackinac, a region considered sacred by the Anishinaabe people.
The tribes argue that the continued operation of Line 5 poses significant risks to their treaty-protected rights and the Great Lakes ecosystem. The Straits of Mackinac are vital for fishing and cultural practices, and the tribes assert that Enbridge's procedural maneuvers are an attempt to evade accountability for the potential environmental hazards posed by the aging infrastructure.
Timeline of Events
- June 27, 2019: Michigan Attorney General Dana Nessel files a lawsuit against Enbridge, citing public trust violations and seeking to halt operations of Line 5.
- December 15, 2021: Enbridge attempts to move the case to federal court, arguing that federal laws supersede state jurisdiction.
- 2022: The U.S. District Court for the Western District of Michigan initially allows Enbridge's move, citing exceptional circumstances.
- 2023: The U.S. Court of Appeals for the Sixth Circuit reverses the district court's decision, ruling that Enbridge missed the 30-day deadline for such a move.
- June 2024: The U.S. Supreme Court agrees to review the case to determine the applicability of the 30-day deadline.
Criticism of Enbridge's Tactics
The tribes, represented by Earthjustice attorney Caroline Flynn, have criticized Enbridge's actions as "underhanded procedural tactics." Flynn emphasized that Enbridge's request to shift the case to federal court came more than two years after the legal deadline, arguing that such maneuvers undermine the judicial process. The tribes contend that the merits of the case could have been resolved much earlier had it not been for Enbridge's delays.
Whitney Gravelle, President of the Bay Mills Indian Community, stated, “The continued operation of Line 5 puts my Tribal Nation in grave danger,” highlighting the existential threat posed by a potential oil spill in the Straits.
Enbridge's Position
Enbridge maintains that the Line 5 pipeline is crucial for regional energy transmission and has operated safely for over 70 years. The company is currently proposing a project to construct a tunnel beneath the Straits of Mackinac to house a new pipeline, which they argue will enhance safety and reliability. Enbridge spokesperson Ryan Duffy expressed support for the Supreme Court's review, noting that the Sixth Circuit's decision conflicts with rulings from other federal courts that have allowed exceptions to the 30-day deadline.
Implications and Next Steps
The Supreme Court's decision will have significant implications for the ongoing legal battle over Line 5 and could set a precedent regarding jurisdictional authority in similar cases. The tribes argue that a ruling in their favor would uphold Michigan's public trust obligations and protect the Great Lakes ecosystem from potential disasters associated with aging pipelines. The Supreme Court's review is expected to take place during its term, which runs from October 2025 through mid-2026.
