Today, June 27th marked the deadline that Attorney General Dana Nessel gave the Governor to reach a deal with Enbridge on Line 5 before she took her own legal action. The sides were unable to come to an agreeable timeline for the project’s completion, as Gov. Whitmer held firm to seeing the pipeline out of the water in two years, a non-starter for Enbridge. The decommissioning of Line 5 without a replacement would severally impact Michigan’s homes and businesses.
As promised, today the AG took legal action. Attorney General Dana Nessel filed a motion to dismiss Enbridge’s lawsuit filed in the Court of Claims on June 6 that sought to enforce agreements with the previous administration to build the tunnel and continue the operation of the existing pipeline during construction. In addition, she filed a lawsuit in Ingham County Circuit Court alleging that Enbridge’s continued operation of the Straits Pipelines under the easement granted by the State in 1953 violates the public trust doctrine, is a common law public nuisance, and violates the Michigan Environmental Protection Act because it is likely to cause pollution impairment and destruction of water and other natural resources.
To coincide with the legal actions, Nessel released a video statement that can be found here.
We will keep you updated as this continues to develop.
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