(Source: MIRS.news, Published 08/16/2024) A federal appellate court declined to hear Enbridge Energy’s petition for an en banc hearing challenging a ruling that the Attorney General’s lawsuit to shutter Line 5 be returned to the state court. 

The order says the original three-judge panel concluded the issues raised were “fully considered” and the “no judge” on the full court “requested a vote on the suggestion for a rehearing en banc.” 

“Our lawsuit to shut down Line 5 belongs in state court, as the federal court of appeals ruled in June, and affirmed today,” Attorney General Dana Nessel said. “It is a critical responsibility of the state to protect our Great Lakes from the threat of pollution.  

“Our state claims, brought under our state law, will continue to be heard in a state court, and I am grateful we are one step closer to resolving this case on behalf of the state of Michigan,” she added. 

The case, Nessel v. Enbridge, returns to Ingham County Circuit Court Judge James Jamo. 

In March, Nessel’s team told the appellate court the Canadian oil company failed to comply with the statutory deadlines to remove the case from the circuit court to federal court as they did so after the state judge ordered a temporary closure in June 2020 due to damage to a leg of the pipeline.  

In June, a three-judge panel held the AG’s lawsuit belongs in state court because the oil company filed the initial documents to move the case to federal court too late.