MI AG Dana Nessel ends challenge to constitutionality of Line 5 tunnel law

On Thursday, June 11, 2020, the Michigan Court of Appeals ruled that the law creating the Mackinac Straits Corridor Authority to oversee the planned utility tunnel under the Mackinac Straits was constitutional.

Attorney General Dana Nessel had argued that the law, Public 359 of 2018, was unconstitutional because the title of law doesn't match the body of the law. In October of 2019, the Michigan Court of Claims ruled against the AG’s argument and on June 11th, the Michigan Court of Appeals upheld that decision. In the court’s opinion, Judge Thomas Cameron writes "We conclude that the title of 2018 PA 359 does not address objects so diverse that they have no necessary connection,"

The Attorney General's office had through Thursday, July 30 to file a notice of appeal to take the case to the Michigan Supreme Court. No appeal was filed, and instead attorney general spokesman Ryan Jarvi said Wednesday that the AG's office will focus its efforts on other litigation related to the pipeline. 

 

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