The Supreme Court has rejected Michigan Gov. Gretchen Whitmer’s final effort to toss out Enbridge Energy’s federal lawsuit challenging her 2020 order revoking Line 5’s easement to cross beneath the Straits of Mackinac.
On Monday, the high court issued an order rejecting Whitmer’s petition claiming the state was constitutionally shielded from being forced into federal court by the energy company.
The decision comes after two lower courts found that the 11th Amendment, which limits when states could be sued in federal court, did not protect Michigan in this case.
“We are disappointed by the Supreme Court’s decision not to review this important issue of state sovereignty,” said Danny Wimmer, press secretary for Michigan Attorney General Dana Nessel (D), in a statement Monday.
