Whitmer's legal maneuver followed a federal judge's decision earlier this month to retain jurisdiction over a suit brought by Enbridge Energy after the state revoked an easement allowing Line 5 to cross the Straits of
It further complicates a lengthy dispute over the 68-year-old pipeline, raising the possibility of simultaneous federal and state court cases alongside political negotiations involving
“No oil company should be able to dictate to Michiganders what happens in our sovereign lands and waters," said
Line 5 moves 23 million gallons (87 million liters) daily of crude oil and natural gas liquids between
A 4-mile (6.4-kilometer) section is divided into two pipes running along the bottom of the Straits of
Whitmer revoked the 1953 easement for that segment last year, agreeing with Indigenous tribes, environmentalists and tourist businesses that it risks a devastating spill. State Attorney General
Nessel initially sued in state court for a Line 5 shutdown in 2019, arguing its continued operation violates the public trust and the Michigan Environmental Protection Act. The judge,
Whitmer's office said her easement withdrawal remains in effect. But her team hopes that dropping the lawsuit to enforce it will enable Nessel's separate 2019 case to move forward, even as the
Whitmer said the strategy was intended to “help us stay focused on getting the Line 5 dual oil pipelines out of the water as quickly as possible."
Environmental and tribal groups supported Whitmer's move, saying state courts should determine Line 5's fate.
“We’ve had enough of this Canadian corporation and the Canadian government itself tying up Michigan’s efforts to protect our
The legal battle is separate from
Tribes in the area oppose Line 5 and the tunnel project, saying both violate their treaty-granted fishing rights.
“I hope the governor’s move is a retrenchment and not a retreat,” said
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