Enbridge Energy, LP v. Nessel · ¶13
On November 13, 2020, more than a year after Enbridge's 30-day deadline to remove had lapsed, Michigan Governor Gretchen Whitmer issued a notice of revocation of the 1953 easement, calling for Line 5 to be shut down. At the same time, the Governor fled a separate lawsuit in Michigan state court against Enbridge to enforce the notice, bringing state- law claims very similar to those in the Attorney General's lawsuit. Instead of litigating the Governor's suit in state court, Enbridge timely removed that action to federal court, arguing that the Federal District Court had jurisdiction under § 1331 because the case involved a substantial federal question. See Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg., 545 U. S. 308, 314 (2005) (recognizing a limited category of state-law claims that support federal- question jurisdiction because they necessarily raise substantial…Read in context ›
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