Michigan court rejects state AG’s Enbridge pipeline opinion
A Michigan Court of Claims judge rejected Atty. Gen. Dana Nessel’s opinion that an agreement Enbridge Inc. negotiated with the previous administration to rebuild its Line 5 crude oil pipeline across the Mackinac Straits was unconstitutional. Nessel immediately said she intends to appeal Judge Michael J. Kelly’s Oct. 31 summary judgment. Enbridge said in a statement that it was pleased with his finding.
“We have always anticipated that this matter would be resolved in the appellate courts, and we are more resolved than ever to continue this fight on behalf of the people of Michigan,” said Nessel, a Democrat.
Gov. Gretchen E. Whitmer, also a Democrat, asked Nessel on Jan. 2 to review the agreement Enbridge reached on Dec. 19, 2018, with the administration of outgoing governor Rick Snyder, a Republican, to construct a tunnel beneath the straits between Lakes Huron and Michigan which would accommodate utility lines as well as a rebuilt Enbridge pipeline.
Nessel said in her Mar. 28 opinion that certain provisions of 2018 Public Act 359 “including those transferring all authorities related to a utility tunnel from the Mackinac Bridge Authority to the Straits Corridor Authority and requiring the Corridor Authority to enter into an agreement for the construction of a tunnel if a proposed agreement was presented by a specific date and met listed criteria, are unconstitutional.”
Contact Nick Snow at [email protected].
Nick Snow
NICK SNOW covered oil and gas in Washington for more than 30 years. He worked in several capacities for The Oil Daily and was founding editor of Petroleum Finance Week before joining OGJ as its Washington correspondent in September 2005 and becoming its full-time Washington editor in October 2007. He retired from OGJ in January 2020.
