Three states supporting Michigan AG Line 5 lawsuit response

Enbridge April 22_39684

LANSING, Mich. (WLNS) – Three states are showing support for the Michigan Attorney General’s argument against Line 5.

Minnesota, Wisconsin and California filed an amicus brief supporting Michigan Attorney General Dana Nessel who filed a response in her lawsuit against Enbridge.

The amicus brief focused specifically on Enbridge’s argument that federal law preempted the states’ from protecting their bottomlands and navigable waters.

Nessel argues that the state has the authority to protect the public’s rights in public trust waters.

It is rare to have the amicus support of other state attorneys general in a state case but the attorneys general for two of our fellow Great Lakes states and the state with one of the longest coastlines in the country clearly recognize the severity and the magnitude of this issue and the important role states play in protecting the public trust

Michigan Attorney General Dana Nessel

In a case filed against Enbridge in Ingham County Circuit Court, the attorney general is seeking an order to decommission Line 5. Among Nessel’s arguments in that case is that Line 5 violates the public trust doctrine.

Minnesota, Wisconsin and California highlight the importance of the public trust doctrine in the brief.

Under a schedule entered by the court, the Attorney General and Enbridge filed motions for summary disposition in late September and both parties filed their responses to those motions yesterday.

The Attorney General and Enbridge will have opportunity to file reply briefs on December 10th.

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