A circuit court judge in Lansing has denied a request from Canadian pipeline operator Enbridge to put a hold on a state court case against the company.
Enbridge argues that a related case is pending before the U.S. Supreme Court, and the state court should not go forward with its proceedings until a federal decision is handed down.
The Michigan state court case was filed six years ago and has been delayed by several Enbridge legal motions.
Now, Circuit Court Judge James Jamo has denied Enbridge’s request to stay the case. In his order, he wrote that the state case could go forward alongside the federal case.
The state attorney general argues Enbridge's Line 5 is not safe and should be shut down.
In an email, the Attorney General’s office said, “We are pleased the Court agreed with the Attorney General’s argument that there were insufficient grounds upon which to stay the state case before the 30th Circuit Court—especially because, as the Court correctly held, ‘the public interests … weigh heavily in favor of proceeding.’”
In an Enbridge email responding to the judge's decision, the company said that the attorney general seeks to shutdown Line 5 based on perceived safety concerns, but it’s up to a federal agency, the Pipeline and Hazardous Materials Safety Administration, to determine whether the pipeline is safe.
Enbridge added, “there are serious ramifications for energy security and foreign affairs if the Attorney General were to continue to pursue her lawsuit against Line 5.”
Currently, roughly four miles of the 72-year-old Line 5 pipeline sits on the lakebed of the Straits of Mackinac which connects Lake Michigan and Lake Huron.
Editor's note: Enbridge is among Michigan Public’s corporate sponsors.
