Enbridge Energy, LP v. Nessel · ¶39

Assuming § 1446(b)(1) is a statute of limitations and is therefore subject to the presumption of equitable tolling, the statute's text, structure, and surrounding context provide good reason to find the presumption rebutted. Accordingly, § 1446(b)(1)'s 30-day deadline cannot be equitably tolled. The Court of Appeals therefore correctly held that Enbridge's notice of removal was untimely and that this action must be remanded to the Michigan state court. The judgment of the Court of Appeals is affirmed.

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