Judge sides with Enbridge Inc. in Michigan's latest effort to halt Line 5 pipeline
The international dispute over Line 5 belongs in federal court, a Michigan judge declared Thursday, dealing a critical blow to Gov. Gretchen Whitmer's bid to shut down the controversial cross-border oil and gas pipeline.
It's the second time in nine months that District Court Judge Janet Neff has ruled in favour of pipeline owner Enbridge Inc., which wanted the dispute elevated to the federal level.
The first decision last November prompted Michigan Attorney General Dana Nessel -- believing her only path to victory to be in state court -- to abandon the original case, turning instead to a separate, dormant, nearly identical circuit court case to try again.
Neff's disdain for that tactic was palpable throughout Thursday's ruling.
"The court concludes that (the) plaintiff's motion must fail, based on ...(the) plaintiff's attempt to gain an unfair advantage through the improper use of judicial machinery," Neff wrote.
"The court's decision ... is undergirded by (the) plaintiff's desire to engage in procedural fencing and forum manipulation."
The response late Thursday from Amber McCann, Nessel's director of communications, was even more fierce.
Nessel "remains steadfast in her commitment to protect Michigan's natural resources from the potentially devastating impact of environmental disaster," McCann said.
"The department strongly disagrees with the judge's mistaken characterization of both the law and the attorney general's approach to this and related cases."
The office is reviewing the decision and "considering next steps to pursue in the litigation," she added.
Whitmer is a Democrat and close ally of President Joe Biden whose political fortunes depend on the support of environmental groups in the state. She ordered the shutdown of Line 5 in November 2020.
She cited the risk of an ecological disaster in the Straits of Mackinac, the environmentally sensitive passage between Lake Michigan and Lake Huron where the pipeline runs underwater between the state's upper and lower peninsulas.
Enbridge pushed back hard against the original circuit court case, arguing that its core elements of energy security, cross-border commerce and international relations demanded that it be heard at the federal level -- a move Nessel strenuously tried to resist.
Late last year, Neff sided with Enbridge, prompting Whitmer and Nessel to abandon the complaint and try again, this time with a similar circuit court case that had been dormant since 2019.
This time, Nessel had hoped to head off Enbridge's jurisdictional argument on a technicality: that under federal law, cases can only be removed to federal jurisdiction within 30 days of a complaint being filed.
But Neff wasn't buying it, citing the precedent she herself established in 2021 when she ruled for Enbridge the first time.
"It would be an absurd result for the court to remand the present case and sanction a forum battle," Neff wrote.
"The 30-day rule in the removal statute is intended to assist in the equitable administration of justice and prevent gamesmanship over federal jurisdiction, but here, it is clear to the court that (the) plaintiff is the one engaging in gamesmanship."
The Line 5 pipeline ferries upwards of 540,000 barrels per day of crude oil and natural gas liquids across the Canada-U. S. border and the Great Lakes by way of a twin line that runs along the lake bed.
Critics want the line shut down, arguing it's only a matter of time before an anchor strike or technical failure triggers a catastrophe in one of the area's most important watersheds.
Proponents of Line 5 call it a vital and indispensable source of energy, especially propane, for several Midwestern states, including Michigan, Ohio and Pennsylvania. It is also a key source of feedstock for refineries in Canada, including those that supply jet fuel to some of Canada's busiest airports.
In a statement, Enbridge described Thursday's decision as "consistent with the court's November 2021 ruling that the state's prior suit against Line 5 belonged in federal court."
That, the company said, is the correct forum for "important federal questions" about interstate commerce, pipeline safety, energy security and foreign relations.
The statement goes on to say that shutting down Line 5 would "defy an international treaty with Canada that has been in place since 1977."
Line 5 talks between the two countries under that treaty, which deals specifically with the question of cross-border pipelines, have been ongoing since late last year.
"Enbridge looks forward to a prompt resolution of this case in federal court."
This report by The Canadian Press was first published Aug. 18, 2022.
IN DEPTH
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
Trudeau, key election players to testify at foreign interference hearings. What you need to know
The public hearings portion of the federal inquiry into foreign interference in Canadian elections and democratic institutions are picking back up this week. Here's what you need to know.
Who is supporting, opposing new online harms bill?
Now that Prime Minister Justin Trudeau's sweeping online harms legislation is before Parliament, allowing key stakeholders, major platforms, and Canadians with direct personal experience with abuse to dig in and see what's being proposed, reaction is streaming in. CTVNews.ca has rounded up reaction, and here's how Bill C-63 is going over.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
TREND LINE What Nanos' tracking tells us about Canadians' mood, party preference heading into 2024
Heading into a new year, Canadians aren't feeling overly optimistic about the direction the country is heading, with the number of voters indicating negative views about the federal government's performance at the highest in a decade, national tracking from Nanos Research shows.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
'They needed people inside Air Canada:' Police announce arrests in Pearson gold heist
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
House admonishes ArriveCan contractor in rare parliamentary show of power
MPs enacted an extraordinary, rarely used parliamentary power on Wednesday, summonsing an ArriveCan contractor to appear before the House of Commons where he was admonished publicly and forced to provide answers to the questions MPs said he'd previously evaded.
Leafs star Auston Matthews finishes season with 69 goals
Auston Matthews won't be joining the NHL's 70-goal club this season.
Trump lawyers say Stormy Daniels refused subpoena outside a Brooklyn bar, papers left 'at her feet'
Donald Trump's legal team says it tried serving Stormy Daniels a subpoena as she arrived for an event at a bar in Brooklyn last month, but the porn actor, who is expected to be a witness at the former president's criminal trial, refused to take it and walked away.
Why drivers in Eastern Canada could see big gas price spikes, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
'A living nightmare': Winnipeg woman sentenced following campaign of harassment against man after online date
A Winnipeg woman was sentenced to house arrest after a single date with a man she met online culminated in her harassing him for years, and spurred false allegations which resulted in the innocent man being arrested three times.
Woman who pressured boyfriend to kill his ex in 2000s granted absences from prison
A woman who pressured her boyfriend into killing his teenage ex more than a decade ago will be allowed to leave prison for weeks at a time.
Customers disappointed after email listing $60K Tim Hortons prize sent in error
Several Tim Horton’s customers are feeling great disappointment after being told by the company that an email stating they won a boat worth nearly $60,000 was sent in error.
Toronto Raptors player Jontay Porter banned from NBA
Toronto Raptors player Jontay Porter has been handed a lifetime ban from The National Basketball Association (NBA) following an investigation which found he disclosed confidential information to sports bettors, the league says.
Local Spotlight
Marmot in the city: New resident of North Vancouver's Lower Lonsdale a 'rock star rodent'
When Les Robertson was walking home from the gym in North Vancouver's Lower Lonsdale neighbourhood three weeks ago, he did a double take. Standing near a burrow it had dug in a vacant lot near East 1st Street and St. Georges Avenue was a yellow-bellied marmot.
Relocated seal returns to Greater Victoria after 'astonishing' 204-kilometre trek
A moulting seal who was relocated after drawing daily crowds of onlookers in Greater Victoria has made a surprise return, after what officials described as an 'astonishing' six-day journey.
Ottawa barber shop steps away from Parliament Hill marks 100 years in business
Just steps from Parliament Hill is a barber shop that for the last 100 years has catered to everyone from prime ministers to tourists.
'It was a special game': Edmonton pinball player celebrates high score and shout out from game designer
A high score on a Foo Fighters pinball machine has Edmonton player Dave Formenti on a high.
'How much time do we have?': 'Contamination' in Prairie groundwater identified
A compound used to treat sour gas that's been linked to fertility issues in cattle has been found throughout groundwater in the Prairies, according to a new study.
'Why not do it together?': Lifelong friends take part in 'brosectomy' in Vancouver
While many people choose to keep their medical appointments private, four longtime friends decided to undergo vasectomies as a group in B.C.'s Lower Mainland.
Grain-gobbling bears spark 'no stopping' zone in Banff National Park
A popular highway in Alberta's Banff National Park now has a 'no stopping zone' to help protect two bears.
Deer family appears to accept B.C. man as one of their own
B.C. resident Robert Conrad spent thousands of hours on Crown land developing an unusual bond with deer.
Doorbell video shows family of black bears scared off by dog in Sudbury, Ont.
A Sudbury woman said her husband was bringing the recycling out to the curb Wednesday night when he had to make a 'mad dash' inside after seeing a bear.