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Enbridge Line 5 pipeline shutdown fight

Enbridge Line 5 pipeline shutdown fight

Rule Changes
By Newzino Staff |

Michigan's seven-year battle to close a 73-year-old Great Lakes oil pipeline now turns on which courtroom decides its fate

Today: Supreme Court rules Nessel case stays in federal court

Overview

Two 20-inch oil pipelines have been pumping crude under the Straits of Mackinac since 1953. Michigan has spent seven years trying to shut them down. On April 22, 2026, the Supreme Court ruled that the company defending the pipelines—Canadian operator Enbridge—gets to fight that battle in federal court, not the state courthouse Michigan picked.

Why it matters

Line 5 carries 540,000 barrels a day of crude and propane through the Great Lakes. Whether states or federal courts decide its fate sets the template for every interstate pipeline fight to come.

Key Indicators

73
Years pipeline has operated
Line 5 began carrying oil and natural gas liquids under the Straits of Mackinac in 1953.
540K
Barrels per day capacity
Daily volume of light crude, synthetic crude, and natural gas liquids moving through the line.
4.5 mi
Underwater crossing
Length of the dual pipeline span resting on the lakebed between Lake Michigan and Lake Huron.
887
Days Enbridge waited to remove case
Time between service of Michigan's complaint and Enbridge's transfer to federal court—well past the 30-day statutory deadline.
1.1M
Gallons spilled since 1967
Documented Line 5 leaks across its 645-mile length, per Enbridge filings reviewed by federal regulators.
$500M+
Estimated tunnel project cost
Price tag for the proposed concrete tunnel that would encase the Straits crossing—originally projected for 2024 completion.

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Debate Arena

Two rounds, two personas, one winner. You set the crossfire.

People Involved

Dana Nessel
Dana Nessel
Lead plaintiff seeking pipeline shutdown
 Gretchen Whitmer
Gretchen Whitmer
Executive driver of shutdown effort
 Gregory E. Abel
Gregory E. Abel
Defending pipeline operations across multiple jurisdictions

Organizations Involved

Enbridge Inc.
Enbridge Inc.
Energy infrastructure company
Pipeline owner and defendant in Michigan suits

Calgary-headquartered pipeline operator that owns Line 5 and the broader Mainline system carrying western Canadian crude to U.S. and eastern Canadian refineries.
Bay Mills Indian Community
Bay Mills Indian Community
Federally recognized tribe
Treaty-rights intervenor opposing pipeline and tunnel

Anishinaabe tribal nation in Michigan's Upper Peninsula that holds 1836 treaty fishing rights in the Straits of Mackinac.
Bad River Band of Lake Superior Chippewa
Bad River Band of Lake Superior Chippewa
Federally recognized tribe
Won federal order requiring Wisconsin segment relocation

Wisconsin tribe whose reservation Line 5 crosses without valid easements after 2013 expirations.
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Sixth Circuit
Federal appellate court
Reversed by Supreme Court on April 22, 2026

Federal appeals court covering Michigan, Ohio, Kentucky, and Tennessee that ruled in 2024 that the 30-day removal deadline cannot be excused.

Timeline

  1. Supreme Court rules Nessel case stays in federal court

    Legal

    Justices reverse the Sixth Circuit, holding that district courts may excuse the 30-day removal deadline in narrow circumstances. Michigan's shutdown suit will be heard in federal court.

  2. Supreme Court denies Whitmer's sovereign immunity appeal

    Legal

    Justices decline to hear Michigan's claim that the governor cannot be sued in federal court over the easement revocation, leaving Enbridge's federal suit against her intact.

  3. Supreme Court hears oral arguments

    Legal

    Justices question both sides on whether equitable tolling applies to the federal removal statute. Argument leaves outcome unclear to most observers.

  4. Sixth Circuit sends Nessel case back to state court

    Legal

    Federal appeals court rules the 30-day removal deadline is not subject to equitable exceptions, ordering the case returned to Michigan state court.

  5. Bad River Band wins Wisconsin trespass ruling

    Legal

    Federal judge orders Enbridge to pay $5.15 million in damages and reroute Line 5 off Wisconsin tribal land by June 2026, creating an independent shutdown clock.

  6. Enbridge removes Nessel's case to federal court

    Legal

    887 days after being served, Enbridge moves the state-court shutdown suit to federal district court, citing changed circumstances. The deadline under federal law was 30 days.

  7. Enbridge sues Michigan in federal court

    Legal

    Company files in U.S. District Court for the Western District of Michigan, arguing federal pipeline safety law preempts the state easement revocation.

  8. Whitmer revokes 1953 easement

    Executive Action

    Governor orders Line 5 shut by May 2021, citing what she calls incurable easement violations and unacceptable spill risk to the Great Lakes.

  9. Nessel files state-court suit to shut down Line 5

    Legal

    Michigan attorney general sues Enbridge in Ingham County Circuit Court, citing public trust doctrine and easement violations as grounds for shutdown.

  10. Whitmer and Nessel take office

    Political

    Both Democrats took office having campaigned on shutting Line 5, immediately reopening questions about the tunnel deal and the underlying easement.

  11. Snyder administration approves Straits tunnel deal

    Agreement

    Outgoing Republican Governor Rick Snyder signs an agreement with Enbridge to build a concrete tunnel beneath the Straits to encase the pipeline, projected at $500 million with a 2024 completion date.

  12. Line 5 enters service under Michigan easement

    Construction

    Enbridge's predecessor company completes the 645-mile pipeline, including twin 20-inch pipes resting on the Straits of Mackinac lakebed. The state easement requires specific safety conditions on coating, supports, and curvature.

Scenarios

1

Federal court rules pipeline-safety law preempts Michigan shutdown

Discussed by: U.S. Chamber of Commerce, Washington Legal Foundation, energy-law analysts at Bloomberg Law

With the case now firmly in federal court, Enbridge presses the same argument that has worked in earlier rulings: the federal Pipeline Safety Act gives the Department of Transportation exclusive authority over interstate pipeline operation, leaving no room for state shutdown orders. A federal judge sided with Enbridge on this theory in late 2025 in a related ruling. If that reasoning holds for both Nessel's case and the Whitmer easement-revocation case, Michigan loses its primary legal lever and Line 5 keeps operating indefinitely under federal oversight.

2

Tunnel project completes, lakebed pipelines retired

Discussed by: Enbridge, Michigan Public Service Commission, building trades unions

Enbridge's proposed concrete tunnel beneath the Straits clears its remaining state and federal permits and breaks ground in 2027, with the new pipeline operational by 2030. The original twin pipes on the lakebed are decommissioned. This outcome ends the most acute spill-risk arguments while preserving the line itself, and may give Michigan political cover to drop active litigation. Bay Mills and other tribes have signaled they would still oppose the tunnel on treaty grounds.

3

Wisconsin reroute deadline forces shutdown of full line

Discussed by: Bad River Band, Earthjustice, Midwest Environmental Advocates

The June 2026 deadline from Judge Conley's 2023 ruling arrives before Enbridge has built the 41-mile reroute around the Bad River reservation. If the Army Corps permit is blocked or further delayed by tribal litigation, the Wisconsin segment shuts down—and because Line 5 is a single throughput, that shuts down the Michigan crossing too, regardless of how Michigan's own cases turn out.

4

Negotiated settlement with phased shutdown

Discussed by: Bridge Michigan, regional energy analysts, former state officials

After years of parallel litigation that neither side is decisively winning, Michigan and Enbridge reach a negotiated framework: continued operation for a defined period (typically 5-10 years) tied to specific tunnel construction milestones, with hard shutdown dates if benchmarks slip. Tribal nations would need to be at the table for any settlement to hold up against treaty challenges.

Historical Context

Dakota Access Pipeline and Standing Rock (2016-2017)

April 2016 - February 2017

What Happened

The Standing Rock Sioux Tribe and thousands of allied activists camped at the Cannonball River in North Dakota to block construction of the 1,172-mile Dakota Access Pipeline beneath Lake Oahe, the tribe's water source. The Obama administration paused the federal easement in December 2016; the Trump administration reversed course weeks later and the pipeline began operating in June 2017.

Outcome

Short Term

Pipeline went into service over tribal objections after federal authority shifted between administrations. Standing Rock's legal challenges continued in federal court for years afterward.

Long Term

Established the modern template for tribal-rights pipeline opposition and showed how federal preemption can override both state and tribal objections. Also demonstrated how project economics can survive years of delay if a federal forum is willing to keep the line open.

Why It's Relevant Today

Like Line 5, Dakota Access turned on whether federal jurisdiction would override local and tribal sovereignty claims. Both fights show that for interstate pipelines, the choice of courtroom often determines the outcome before the merits are even argued.

Keystone XL pipeline cancellation (2008-2021)

September 2008 - June 2021

What Happened

TC Energy's proposed 1,179-mile pipeline to carry Alberta tar sands crude to Nebraska faced 12 years of permitting fights, federal lawsuits, and tribal opposition. President Obama denied the cross-border presidential permit in 2015; President Trump reissued it in 2017; President Biden revoked it on his first day in office in 2021. TC Energy abandoned the project five months later.

Outcome

Short Term

The project died after $9 billion in committed investment, with TC Energy writing off the loss.

Long Term

Showed that even fully-permitted interstate pipelines can be killed by sustained political pressure if a key federal authority swings against the project. But Keystone XL was a new pipeline still seeking approval—Line 5 already exists and operates, which is a much harder thing to undo.

Why It's Relevant Today

Keystone XL is the cautionary tale for Enbridge: federal authority can flip a project off as easily as on. But it also shows why Enbridge fights so hard for federal jurisdiction—the alternative, scattered state and tribal vetoes, is harder to manage politically than a single federal decision.

Kalamazoo River oil spill (2010)

July 2010

What Happened

Enbridge's Line 6B pipeline ruptured near Marshall, Michigan, releasing more than 1 million gallons of diluted bitumen crude into Talmadge Creek and the Kalamazoo River. Operators in the control room initially misread alarms and restarted the line twice during the spill. Cleanup took five years and cost over $1.2 billion.

Outcome

Short Term

Largest inland oil spill in U.S. history at the time. The National Transportation Safety Board issued a scathing report criticizing Enbridge's culture as one of 'pervasive organizational failures.'

Long Term

Became the foundational evidence cited in every subsequent challenge to Enbridge pipelines, including Line 5. Drove federal pipeline safety reforms but also entrenched the company's status as the case study for catastrophic pipeline failure.

Why It's Relevant Today

Every Line 5 shutdown argument draws on Kalamazoo as proof that Enbridge's spill-response capability cannot match the speed of a Straits of Mackinac rupture. The 2010 event is why Michigan officials treat the underwater crossing as a question of when, not if.

Sources

(11)
+5
Supreme Court of the United States Detroit News SCOTUSblog Bridge Michigan Wikipedia Office of Governor Gretchen Whitmer Justia Native American Rights Fund Wisconsin Public Radio SCOTUSblog Detroit News