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Enbridge Energy, LP v. Nessel · ¶12

On June 27, 2019, the Michigan Attorney General fled this lawsuit in Michigan state court, seeking to halt Enbridge's operation of Line 5. She alleged that the 1953 easement is void and that Enbridge's operations violate Michigan law, given the risk of an oil spill from the pipeline. On July 12, 2019, the Attorney General served Enbridge with a complaint. Over the following months, Enbridge did not remove the case to federal court and instead briefed cross- motions for summary disposition and participated in oral argument on those motions, all in state court. Enbridge argued, among other things, that the state-law claims against it were preempted by federal law.
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