Tribes urge justices to leave Line 5 fight in state court

By Niina H. Farah | 10/22/2025 06:48 AM EDT

The Supreme Court is weighing Enbridge’s claim that a dispute over the Michigan pipeline should be decided by a federal judge.

An aboveground section of Enbridge's Line 5 is seen.

A section of Enbridge's Line 5 at the Mackinaw City, Michigan, pump station is seen Oct. 7, 2016. John Flesher/AP

Ten tribal nations are calling on the nation’s highest bench to reject Enbridge’s efforts to move litigation over its aging Line 5 oil pipeline from state to federal court.

The company is asking the Supreme Court to find that lower bench had the power to waive a 30-day deadline for requesting to move a lawsuit brought by Michigan Attorney General Dana Nessel against the pipeline. The tribal coalition, along with a network of local businesses, filed friend of the court briefs this week backing Nessel’s bid to keep the case before a state bench.

The Supreme Court should “see through Enbridge’s transparent attempt at gamesmanship,” Caroline Flynn, Supreme Court counsel at Earthjustice, representing the tribal nations, said in a statement.

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“Enbridge missed a court deadline by more than two years, without excuse,” she said, “and now they want to change the rules.”

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