New year, old issues: Enbridge, state of Michigan renew Line 5 hostilities in court | National Newswatch

WASHINGTON — Enbridge Inc. and the state of Michigan are renewing their legal hostilities over the future of the controversial Line 5 pipeline — and their latest court battle looks an awful lot like the last one.

Too late, Nessel argues in her latest tract of court documents, filed Friday with the very same judge who heard the original arguments. By Nessel's logic, Enbridge knew perfectly well it could have petitioned to have the case removed when it was originally filed but opted not to do so until now — a"remarkably dilatory" act based on an argument that"defies the facts, the law and basic common sense."

The clash first erupted in November 2020, when Whitmer abruptly revoked the 68-year-old easement that had long allowed Calgary-based Enbridge to operate the line. She cited the risk of environmental catastrophe in the Straits of Mackinac, where Line 5 crosses the Great Lakes. Enbridge and its allies, including the federal Liberal government, insist that the pipeline is too vital an energy artery to both countries for it to be suddenly shut down, and the question of its continued safe operation is one to be settled between Ottawa and the White House.

Last year, lawyers for the federal government also filed a statement in court expressing support for Enbridge's argument, known in legal parlance as an amicus brief. It was not immediately clear Tuesday whether Ottawa expects to do so again.

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