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Three states file amicus brief in Michigan’s lawsuit to decommission Line 5 pipeline

Caobhin

Three states have filed an amicus  brief on behalf of Michigan in its suit to have the Line 5 pipeline beneath the straits of Mackinac decommissioned.

Earlier this year Enbridge Energy filed a motion for summary disposition of the case, arguing that federal authority preempts state authority when it comes to land, like that under the straits, which is part of the public trust.

Now, the three states have filed an amicus brief arguing the state has the right under Public Trust doctrine to protect its natural resources.

Kelly Rossman-McKinney is with the AG’s office.

“We intend to fight for our responsibility and authority to protect the natural resources that are so essential to the quality of life in Michigan,” she said.

Rossman-McKinney said it’s unusual for states to show support in a case like this.

“The reason they filed that amicus brief is that they recognize the severity and magnitude of the overarching issue that is at play here.”

Rossman-McKinney would not say whether the support of other states indicates the case could be headed for the U.S. Supreme Court. But, she said, it’s clear there is a national interest in the case.

A spokesperson for Enbridge said Line 5 has been safely operating across the Straits for more than 65 years.

“There is no change in the operating condition of the pipeline or change in law to support the Attorney General’s position,” the spokesperson said.

You can read the full statement below:

Line 5 has been safely operating across the Straits for more than 65 years in accordance with the 1953 Easement.

There is no change in the operating condition of the pipeline or change in law to support the Attorney General’s position. 

That said we also know most Michigan residents recognize the tunnel as the best solution for making a safe pipeline safer and we are committed to build it.

Our focus is on the work currently going on in the Straits of Mackinac. We are moving forward with our rock and soil sampling, which is part of our $40 million investment in pre-construction work on the tunnel. We believe this allows us to stay on schedule and ensures the earliest possible date for completing the project.