Whitmer attorneys dispute Enbridge argument that Michigan lacks authority to revoke Line 5 easement

Michigan Gov. Gretchen Whitmer's attorneys filed new arguments with the 6th Circuit Court of Appeals disputing a federal ruling that found her move to terminate Enbridge's Line 5 easement unenforceable. The state argues the Pipeline Safety Act and a 1977 U.S.-Canada treaty don't give Enbridge the right to operate without valid consent, pointing to a separate 7th Circuit ruling that found Enbridge trespassing on Bad River Band land after its easement expired.

Enbridge counters that Whitmer's property-law framing is just a workaround for a preempted safety argument, and that any dispute must go through the 1977 treaty's resolution process, which Canada has already invoked. Company spokesperson Ryan Duffy noted federal regulators have taken no action against Line 5's safety record.

Whitmer, who campaigned in 2018 on removing Line 5 from the Great Lakes, has drawn criticism from former allies after her administration approved permits for a replacement tunnel project. Tribal leaders and environmental advocates rallied in Lansing this week to press the fight forward.

The full dispatch is available from the source below.