A federal appeals court is asking if it should hold off on considering a dispute over the Line 5 oil pipeline while a similar challenge plays out in state court.
In a letter seeking additional briefing from the parties in the case, the 6th U.S. Circuit Court of Appeals asked whether the court’s abstention “is appropriate.”
The 6th Circuit cited a 1971 Supreme Court case, Younger v. Harris, which held that a federal court should only intervene in proceedings already in state court when the defendant in the lawsuit will face irreparable harm.
The letter, filed Monday, came a week before the 6th Circuit will hold a hearing on the dispute between Line 5 developer Enbridge and Michigan Democratic Gov. Gretchen Whitmer.