Today, attorneys from the Department of Attorney General presented their case before Judge James S. Jamo in the Ingham County Circuit Court. The case, Nessel v. Enbridge, seeks to shut down Line 5 in the Straits of Mackinac. Michigan Attorney General Dana Nessel announced that the department argued against the validity of the 1953 easement authorizing Line 5's location on the bottomlands of the Straits. They claim it violates both the Public Trust Doctrine and the Michigan Environmental Protection Act, constituting 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," stated Nessel. "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."
Previously, Judge Jamo agreed with Attorney General Nessel for a temporary shutdown of Line 5 after incidents involving anchors or similar objects striking it. The court ordered this temporary shutdown during summer 2020. When Enbridge attempted to move the case to federal court, Nessel successfully argued before the Sixth Circuit Court of Appeals that it should remain in Michigan state court.
Judge Jamo concluded today's hearing by taking the matter under advisement and will issue a written opinion.