A week after asking if they should back out of a fight over Michigan’s Line 5 pipeline, a panel of federal judges seemed likely to maintain their jurisdiction in the case.
During oral arguments Tuesday, three judges of the U.S. Circuit Court of Appeals considered whether Michigan could duck Enbridge’s lawsuit over a 2020 state order that revoked an easement for Line 5 to travel beneath the Straits of Mackinac, which separate Michigan’s upper and lower peninsulas.
The court had asked parties to file briefs on whether Michigan could claim sovereign immunity to avoid the legal challenge and whether the case is too similar to claims moving through state court.
Judge Raymond Kethledge seemed the least convinced that the 6th Circuit should step out of the fight, noting that the case before the court involves Michigan Gov. Gretchen Whitmer, while the other lawsuit involves state Attorney General Dana Nessel. Both are Democrats.
