Tuesday, July 8, 2025

The State of Michigan’s court case against Enbridge and its Line 5 Project will be taken up by SCOTUS of ‘Who’s Jurisdiction?’.

Happy Tuesday!  We hope you have been able to keep dry today in spite of all the rain in the area!  

We blogged on Enbridge’s Line 5 and its Great Lakes Tunnel project back in December 2023, when they received the first of many approvals on its way to increasing their capacity.  Then, back in April 2024 Enbridge announced whom they were hiring to build their tunnel once they have received all their permits.  The $500 million project includes a tunnel which runs under the lakebed of the Straits of Mackinac where the waterway connects Lake Michigan to Lake Huron and its approval is hitting many hurdles.  The Mackinac Straights Corridor Authority (MSCA) approved Enbridge’s request for proposal (RPF) for the tunnel earlier in 2024.  Back in February 2025, they received a ruling from the Michigan Appeals Court noting their permit from the Michigan Public Service Commission was ruled valid and all protocols were followed.  Then, in April 2025, the U.S. Army Corps of Engineers – Detroit Office said they would fast track the Environmental Impact Statement (EIS) and permits. Check out our previous Blogs for more details.  Well, Enbridge is in the news again for a hiccup or an obstacle for its project in question! 

Did anyone see The Houston Chronicle’s Business Section on July 1, 2025, they reprinted an article from the Associated Press titled, “High Court will decide if dispute is a state fight”?   In the article, it speaks on how the at the end of June the U.S. Supreme Court has decided to step in and decide, if Enbridge’s Line 5 Project belongs in state or federal court.  In 2021, Enbridge tried to move its case filed by the State of Michigan to federal court and the three-judge panel from the 6th U.S. Circuit Court of Appeals ruled its 30-day Request to Change Jurisdiction was filed too late, nonetheless now the option appears on the table again.  Enbridge argued back then it should be in federal court because of its ties to U.S and Canadian trade as well as there have been exceptions to filing a Request to Change Jurisdiction beyond the 30 days.  Well, we should hear something soon.  We wish them luck pursuing their permits and EIS.  If you would like to read more of Associated Press’ article, please click the link: https://apnews.com/article/enbridge-mackinac-review-pipeline-supreme-court-8e654f98bb21de617a02a31e26a26c5.

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We hope you have a wonderful evening!   

**Disclaimer: You may be charged a fee to read the Associated Press’ article. **