The U.S. Supreme Court heard arguments on Tuesday about whether state or federal court will have the final say on the future of the controversial Line 5 pipeline, which carries crude oil and natural gas liquids across the Straits of Mackinac in Michigan.
The case dates to a 2019 lawsuit by Michigan Attorney General Dana Nessel, who moved to shut down the pipeline by revoking the easement that allows it to cross the Straits, citing risks to the Great Lakes. (Over its 73-year lifetime, Line 5 has spilled over a million gallons of oil along its inland route.) A shutdown is supported by all 12 federally recognized tribes in Michigan, though they are not involved in the suit. Many tribal nations say the pipeline threatens their waters, treaty rights, and ways of life.
On Tuesday, the justices asked tough questions of both the attorney general’s team as well as lawyers representing the Canadian pipeline company, Enbridge Energy, on the opposing side. Though the question before the Supreme Court is a procedural one — whether courts can excuse Enbridge from missing the de... Read more
