The Sixth Circuit Court of Appeals denied Enbridge Energy’s request for the Line 5 lawsuit Nessel v. Enbridge to receive a rehearing in federal court, returning the case to state court.
The court Enbridge had missed the 30-day deadline after Nessel filed the lawsuit in June 2019 to appeal moving the case to federal court, and that it relied on improper arguments when doing so.
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Republican gubernatorial candidates support Line 5 as it exists and champion the proposed $500 million tunnel to house the pipeline 100-feet beneath the Straits of Mackinac.
Their Democrat opponent, incumbent Gov. Gretchen Whitmer, has been attempting to shut down the pipeline as well as prevent construction of the five-mile conduit, which would be buried beneath the lakebed of the Straits.
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Both legs of Enbridge’s Line 5 have been given the legal go-ahead to resume operations across the Straits of Mackinac.
Ingham County Circuit Court Judge James Jamo approved the resumption of Line 5 activity after receiving authorization from the federal Pipeline and Hazardous Materials Safety Administration (PHMSA).