Attorneys for the Department of Attorney General gave oral arguments Monday before Judge James S. Jamo of the Ingham County Circuit Court in Nessel v. Enbridge, seeking to shut down Line 5 in the Straits of Mackinac.
Michigan Attorney General Dana Nessel argued that the 1953 easement that authorized the location of Line 5 on the bottomlands of the Straits of Mackinac has been invalid since its inception because it violates the Public Trust Doctrine, and that the presence of the pipelines in the Straits violates the Michigan Environmental Protection Act and constitutes a public nuisance.
“Enbridge has deliberately caused years of delay through procedural tactics, attempting to block Michigan courts from deciding a critical issue that directly impacts its residents,” Nessel said. “Line 5 has long been operating in the Straits on an invalid easement, posing a significant threat to the people of this state and our environment. After more than five years, I’m glad we finally had this opportunity to present our case on behalf of the People of Michigan and our Great Lakes in state court.”
Judge Jamo previously agreed with Attorney General Nessel that Line 5 needed to be temporarily shut down after being struck by anchors or similar objects, and the court ordered a temporary shut down in the summer of 2020. After Enbridge sought to remove the case to federal court, the Attorney General successfully argued before the Sixth Circuit Court of Appeals that the case belongs in Michigan state court.
At the conclusion of the hearing, Judge Jamo took the matter under advisement and indicated that the Court will issue a written opinion.
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