Judge Sides With Enbridge In Michigan S Latest Bid To Stop Line 5 Pipeline

Enbridge Inc. Calgary-based ENB-T has emerged victorious once again with a narrow victory in a Michigan court after a judge ruled that the company’s long-running dispute with the state over the Line 5 transboundary pipeline belongs in federal court. Judge Janet Neff wrote in her ruling Thursday that the “exceptional circumstances of this case,” Michigan’s conduct and the court’s “need to complete and effective administration of justice” required the litigation to remain in federal court. The ruling is a blow to Michigan Gov. Gretchen Whitmer’s bid to shut down the pipeline, but it echoes a similar decision Judge Neff made in November regarding case jurisdiction. She agreed with Enbridge at the time that her dispute with Ms. Whitmer’s administration involved “substantial federal issues” and thus belonged in federal court. He wrote Thursday that it would be “absurd” for the court to “undermine its earlier decision” and perpetuate a battle between state and federal court. He added that Michigan appeared to be trying “to gain an unfair advantage through the improper use of the judicial machinery.” Closing the Line 5 pipeline would have ‘negative consequences’ on both sides of the Canada-US border, chambers of commerce say The controversy began in November 2020 when, in fulfillment of a campaign pledge, Ms. Whitmer revoked an easement permit granted in 1953 that allowed Line 5 to traverse the environmentally sensitive Straits of Mackinac. At the time, he called the pipeline a “ticking time bomb” and gave Enbridge until May 12, 2021, to comply. But Enbridge argued that only the federal government can judge the safety of a pipeline and that the case belonged in federal court because Line 5 is a major bilateral issue with ramifications for both countries. Michigan countered that the company had violated a rule that transfers cases from one court to another must be made within 30 days of the initial filing, but Judge Neff once again rejected that argument. Enbridge welcomed the decision on Thursday. “This properly keeps the Michigan attorney general’s lawsuit in federal court and underscores that the state’s efforts to shut down this critical energy infrastructure raise important federal issues of interstate commerce, exclusive federal jurisdiction over pipeline safety, and serious consequences for energy security and foreign affairs if the state and the US government were to defy an international treaty with Canada that has been in place since 1977,” the company said in an e-mail. In October, the Canadian government invoked the 1977 treaty with the United States to trigger formal government-to-government negotiations over the fate of the pipeline, following a breakdown in mediation negotiations between Enbridge and Michigan. The move escalated a dispute in which US President Joe Biden’s administration has been reluctant to intervene and was the first time the Pipeline Treaty was invoked. Line 5 carries up to 540,000 barrels per day from Alberta and Saskatchewan through two Great Lakes states and re-enters Canada at Sarnia, Ont. It supplies more than 65 percent of Quebec’s crude oil needs and about 50 percent of the oil Ontario refineries use to make gasoline and other fuels. Proponents, including Canada’s federal government, call Line 5 a vital and necessary source of energy for Ontario, Quebec and several Midwestern states. However, environmental activists fear that a ship anchor strike or technical failure could cause a disaster in one of the region’s most important watersheds. Enbridge said Thursday that he expects an immediate resolution of the case in federal court. With a report by The Canadian Press Your time is valuable. Have the Top Business Headlines newsletter conveniently delivered to your inbox morning or night. Sign up today.

title: “Judge Sides With Enbridge In Michigan S Latest Bid To Stop Line 5 Pipeline Klmat” ShowToc: true date: “2022-12-03” author: “Christopher Vahle”

Enbridge Inc. Calgary-based ENB-T has emerged victorious once again with a narrow victory in a Michigan court after a judge ruled that the company’s long-running dispute with the state over the Line 5 transboundary pipeline belongs in federal court. Judge Janet Neff wrote in her ruling Thursday that the “exceptional circumstances of this case,” Michigan’s conduct and the court’s “need to complete and effective administration of justice” required the litigation to remain in federal court. The ruling is a blow to Michigan Gov. Gretchen Whitmer’s bid to shut down the pipeline, but it echoes a similar decision Judge Neff made in November regarding case jurisdiction. She agreed with Enbridge at the time that her dispute with Ms. Whitmer’s administration involved “substantial federal issues” and thus belonged in federal court. He wrote Thursday that it would be “absurd” for the court to “undermine its earlier decision” and perpetuate a battle between state and federal court. He added that Michigan appeared to be trying “to gain an unfair advantage through the improper use of the judicial machinery.” Closing the Line 5 pipeline would have ‘negative consequences’ on both sides of the Canada-US border, chambers of commerce say The controversy began in November 2020 when, in fulfillment of a campaign pledge, Ms. Whitmer revoked an easement permit granted in 1953 that allowed Line 5 to traverse the environmentally sensitive Straits of Mackinac. At the time, he called the pipeline a “ticking time bomb” and gave Enbridge until May 12, 2021, to comply. But Enbridge argued that only the federal government can judge the safety of a pipeline and that the case belonged in federal court because Line 5 is a major bilateral issue with ramifications for both countries. Michigan countered that the company had violated a rule that transfers cases from one court to another must be made within 30 days of the initial filing, but Judge Neff once again rejected that argument. Enbridge welcomed the decision on Thursday. “This properly keeps the Michigan attorney general’s lawsuit in federal court and underscores that the state’s efforts to shut down this critical energy infrastructure raise important federal issues of interstate commerce, exclusive federal jurisdiction over pipeline safety, and serious consequences for energy security and foreign affairs if the state and the US government were to defy an international treaty with Canada that has been in place since 1977,” the company said in an e-mail. In October, the Canadian government invoked the 1977 treaty with the United States to trigger formal government-to-government negotiations over the fate of the pipeline, following a breakdown in mediation negotiations between Enbridge and Michigan. The move escalated a dispute in which US President Joe Biden’s administration has been reluctant to intervene and was the first time the Pipeline Treaty was invoked. Line 5 carries up to 540,000 barrels per day from Alberta and Saskatchewan through two Great Lakes states and re-enters Canada at Sarnia, Ont. It supplies more than 65 percent of Quebec’s crude oil needs and about 50 percent of the oil Ontario refineries use to make gasoline and other fuels. Proponents, including Canada’s federal government, call Line 5 a vital and necessary source of energy for Ontario, Quebec and several Midwestern states. However, environmental activists fear that a ship anchor strike or technical failure could cause a disaster in one of the region’s most important watersheds. Enbridge said Thursday that he expects an immediate resolution of the case in federal court. With a report by The Canadian Press Your time is valuable. Have the Top Business Headlines newsletter conveniently delivered to your inbox morning or night. Sign up today.

title: “Judge Sides With Enbridge In Michigan S Latest Bid To Stop Line 5 Pipeline Klmat” ShowToc: true date: “2022-11-03” author: “William Tavares”

Enbridge Inc. Calgary-based ENB-T has emerged victorious once again with a narrow victory in a Michigan court after a judge ruled that the company’s long-running dispute with the state over the Line 5 transboundary pipeline belongs in federal court. Judge Janet Neff wrote in her ruling Thursday that the “exceptional circumstances of this case,” Michigan’s conduct and the court’s “need to complete and effective administration of justice” required the litigation to remain in federal court. The ruling is a blow to Michigan Gov. Gretchen Whitmer’s bid to shut down the pipeline, but it echoes a similar decision Judge Neff made in November regarding case jurisdiction. She agreed with Enbridge at the time that her dispute with Ms. Whitmer’s administration involved “substantial federal issues” and thus belonged in federal court. He wrote Thursday that it would be “absurd” for the court to “undermine its earlier decision” and perpetuate a battle between state and federal court. He added that Michigan appeared to be trying “to gain an unfair advantage through the improper use of the judicial machinery.” Closing the Line 5 pipeline would have ‘negative consequences’ on both sides of the Canada-US border, chambers of commerce say The controversy began in November 2020 when, in fulfillment of a campaign pledge, Ms. Whitmer revoked an easement permit granted in 1953 that allowed Line 5 to traverse the environmentally sensitive Straits of Mackinac. At the time, he called the pipeline a “ticking time bomb” and gave Enbridge until May 12, 2021, to comply. But Enbridge argued that only the federal government can judge the safety of a pipeline and that the case belonged in federal court because Line 5 is a major bilateral issue with ramifications for both countries. Michigan countered that the company had violated a rule that transfers cases from one court to another must be made within 30 days of the initial filing, but Judge Neff once again rejected that argument. Enbridge welcomed the decision on Thursday. “This properly keeps the Michigan attorney general’s lawsuit in federal court and underscores that the state’s efforts to shut down this critical energy infrastructure raise important federal issues of interstate commerce, exclusive federal jurisdiction over pipeline safety, and serious consequences for energy security and foreign affairs if the state and the US government were to defy an international treaty with Canada that has been in place since 1977,” the company said in an e-mail. In October, the Canadian government invoked the 1977 treaty with the United States to trigger formal government-to-government negotiations over the fate of the pipeline, following a breakdown in mediation negotiations between Enbridge and Michigan. The move escalated a dispute in which US President Joe Biden’s administration has been reluctant to intervene and was the first time the Pipeline Treaty was invoked. Line 5 carries up to 540,000 barrels per day from Alberta and Saskatchewan through two Great Lakes states and re-enters Canada at Sarnia, Ont. It supplies more than 65 percent of Quebec’s crude oil needs and about 50 percent of the oil Ontario refineries use to make gasoline and other fuels. Proponents, including Canada’s federal government, call Line 5 a vital and necessary source of energy for Ontario, Quebec and several Midwestern states. However, environmental activists fear that a ship anchor strike or technical failure could cause a disaster in one of the region’s most important watersheds. Enbridge said Thursday that he expects an immediate resolution of the case in federal court. With a report by The Canadian Press Your time is valuable. Have the Top Business Headlines newsletter conveniently delivered to your inbox morning or night. Sign up today.

title: “Judge Sides With Enbridge In Michigan S Latest Bid To Stop Line 5 Pipeline Klmat” ShowToc: true date: “2022-12-10” author: “Robert Duda”

Enbridge Inc. Calgary-based ENB-T has emerged victorious once again with a narrow victory in a Michigan court after a judge ruled that the company’s long-running dispute with the state over the Line 5 transboundary pipeline belongs in federal court. Judge Janet Neff wrote in her ruling Thursday that the “exceptional circumstances of this case,” Michigan’s conduct and the court’s “need to complete and effective administration of justice” required the litigation to remain in federal court. The ruling is a blow to Michigan Gov. Gretchen Whitmer’s bid to shut down the pipeline, but it echoes a similar decision Judge Neff made in November regarding case jurisdiction. She agreed with Enbridge at the time that her dispute with Ms. Whitmer’s administration involved “substantial federal issues” and thus belonged in federal court. He wrote Thursday that it would be “absurd” for the court to “undermine its earlier decision” and perpetuate a battle between state and federal court. He added that Michigan appeared to be trying “to gain an unfair advantage through the improper use of the judicial machinery.” Closing the Line 5 pipeline would have ‘negative consequences’ on both sides of the Canada-US border, chambers of commerce say The controversy began in November 2020 when, in fulfillment of a campaign pledge, Ms. Whitmer revoked an easement permit granted in 1953 that allowed Line 5 to traverse the environmentally sensitive Straits of Mackinac. At the time, he called the pipeline a “ticking time bomb” and gave Enbridge until May 12, 2021, to comply. But Enbridge argued that only the federal government can judge the safety of a pipeline and that the case belonged in federal court because Line 5 is a major bilateral issue with ramifications for both countries. Michigan countered that the company had violated a rule that transfers cases from one court to another must be made within 30 days of the initial filing, but Judge Neff once again rejected that argument. Enbridge welcomed the decision on Thursday. “This properly keeps the Michigan attorney general’s lawsuit in federal court and underscores that the state’s efforts to shut down this critical energy infrastructure raise important federal issues of interstate commerce, exclusive federal jurisdiction over pipeline safety, and serious consequences for energy security and foreign affairs if the state and the US government were to defy an international treaty with Canada that has been in place since 1977,” the company said in an e-mail. In October, the Canadian government invoked the 1977 treaty with the United States to trigger formal government-to-government negotiations over the fate of the pipeline, following a breakdown in mediation negotiations between Enbridge and Michigan. The move escalated a dispute in which US President Joe Biden’s administration has been reluctant to intervene and was the first time the Pipeline Treaty was invoked. Line 5 carries up to 540,000 barrels per day from Alberta and Saskatchewan through two Great Lakes states and re-enters Canada at Sarnia, Ont. It supplies more than 65 percent of Quebec’s crude oil needs and about 50 percent of the oil Ontario refineries use to make gasoline and other fuels. Proponents, including Canada’s federal government, call Line 5 a vital and necessary source of energy for Ontario, Quebec and several Midwestern states. However, environmental activists fear that a ship anchor strike or technical failure could cause a disaster in one of the region’s most important watersheds. Enbridge said Thursday that he expects an immediate resolution of the case in federal court. With a report by The Canadian Press Your time is valuable. Have the Top Business Headlines newsletter conveniently delivered to your inbox morning or night. Sign up today.

title: “Judge Sides With Enbridge In Michigan S Latest Bid To Stop Line 5 Pipeline Klmat” ShowToc: true date: “2022-10-30” author: “Charlie Kelly”

Enbridge Inc. Calgary-based ENB-T has emerged victorious once again with a narrow victory in a Michigan court after a judge ruled that the company’s long-running dispute with the state over the Line 5 transboundary pipeline belongs in federal court. Judge Janet Neff wrote in her ruling Thursday that the “exceptional circumstances of this case,” Michigan’s conduct and the court’s “need to complete and effective administration of justice” required the litigation to remain in federal court. The ruling is a blow to Michigan Gov. Gretchen Whitmer’s bid to shut down the pipeline, but it echoes a similar decision Judge Neff made in November regarding case jurisdiction. She agreed with Enbridge at the time that her dispute with Ms. Whitmer’s administration involved “substantial federal issues” and thus belonged in federal court. He wrote Thursday that it would be “absurd” for the court to “undermine its earlier decision” and perpetuate a battle between state and federal court. He added that Michigan appeared to be trying “to gain an unfair advantage through the improper use of the judicial machinery.” Closing the Line 5 pipeline would have ‘negative consequences’ on both sides of the Canada-US border, chambers of commerce say The controversy began in November 2020 when, in fulfillment of a campaign pledge, Ms. Whitmer revoked an easement permit granted in 1953 that allowed Line 5 to traverse the environmentally sensitive Straits of Mackinac. At the time, he called the pipeline a “ticking time bomb” and gave Enbridge until May 12, 2021, to comply. But Enbridge argued that only the federal government can judge the safety of a pipeline and that the case belonged in federal court because Line 5 is a major bilateral issue with ramifications for both countries. Michigan countered that the company had violated a rule that transfers cases from one court to another must be made within 30 days of the initial filing, but Judge Neff once again rejected that argument. Enbridge welcomed the decision on Thursday. “This properly keeps the Michigan attorney general’s lawsuit in federal court and underscores that the state’s efforts to shut down this critical energy infrastructure raise important federal issues of interstate commerce, exclusive federal jurisdiction over pipeline safety, and serious consequences for energy security and foreign affairs if the state and the US government were to defy an international treaty with Canada that has been in place since 1977,” the company said in an e-mail. In October, the Canadian government invoked the 1977 treaty with the United States to trigger formal government-to-government negotiations over the fate of the pipeline, following a breakdown in mediation negotiations between Enbridge and Michigan. The move escalated a dispute in which US President Joe Biden’s administration has been reluctant to intervene and was the first time the Pipeline Treaty was invoked. Line 5 carries up to 540,000 barrels per day from Alberta and Saskatchewan through two Great Lakes states and re-enters Canada at Sarnia, Ont. It supplies more than 65 percent of Quebec’s crude oil needs and about 50 percent of the oil Ontario refineries use to make gasoline and other fuels. Proponents, including Canada’s federal government, call Line 5 a vital and necessary source of energy for Ontario, Quebec and several Midwestern states. However, environmental activists fear that a ship anchor strike or technical failure could cause a disaster in one of the region’s most important watersheds. Enbridge said Thursday that he expects an immediate resolution of the case in federal court. With a report by The Canadian Press Your time is valuable. Have the Top Business Headlines newsletter conveniently delivered to your inbox morning or night. Sign up today.