Enbridge Energy, LP v. Nessel · ¶1
Petitioners (collectively Enbridge) own and operate Line 5, a 645-mile petroleum pipeline, 4 miles of which traverse the Straits of Mackinac pursuant to a 1953 easement granted to Enbridge's predecessor by the State of Michigan. On June 27, 2019, the Michigan Attorney General fled suit in Michigan state court seeking to halt Enbridge's operation of Line 5 by having the 1953 easement declared void and Enbridge's continuing operations declared unlawful. Enbridge was served with the complaint on July 12, 2019. Rather than removing the case to federal court within the 30-day deadline required by 28 U. S. C. § 1446(b)(1), Enbridge litigated in state court for months. In November 2020, more than a year after Enbridge's removal deadline had lapsed, the Michigan Governor issued a notice revoking the 1953 easement and fled a separate lawsuit in state court against Enbridge. In that suit, unlike…Read in context ›
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