It’s Earth Day 2026, and we have something remarkable to share with you.
This morning, the United States Supreme Court issued its decision in Enbridge Energy v. Nessel, and Michigan won. Unanimously.
The Court ruled 9-0 that Enbridge’s attempt to drag the Michigan Attorney General’s Line 5 lawsuit into federal court was untimely and legally improper. The case must return to Michigan state court, where it belongs.
Let that sink in for a moment. Nine justices. Zero dissents.
Here’s what happened: When the Michigan Attorney General filed suit in 2019 to void the 1953 easement allowing Line 5 to cross the Straits of Mackinac, Enbridge had 30 days to remove the case to federal court. They didn’t do it. Instead, they spent years gaming the system, litigating in state court, watching and waiting, and finally attempting removal 887 days after the deadline. Nearly two and a half years late.
Today, the Supreme Court said: No. You don’t get to do that.
OWDM Advocates Julie and Bill at the US Supreme Court
Our campaign coordinator Sean McBrearty put it plainly:
“This is a clear and pivotal win generated by the movement to shut down Line 5, and the tenacious defense of our Great Lakes exhibited by Attorney General Nessel. Enbridge failed to honor the 30-day deadline to remove this case from state to federal court, and we applaud this ruling that upholds the fact that huge multinational oil companies are not above the law.”
This ruling means Michigan’s courts, accountable to Michigan’s people, will decide the fate of a 72-year-old pipeline crossing the most vulnerable stretch of the Great Lakes. That is exactly what this fight has always been about: the right of Michigan to protect its own waters.
This didn’t happen by accident.
It happened because you showed up. At rallies in the rain. At legislative hearings. Online, in letters, in conversations with neighbors who didn’t know what Line 5 was until you told them. It happened because this coalition refused to let this issue get buried in legal maneuvering.
You did this.
And the work isn’t finished. As Sean said: “Now, this case will head back to state court, where it belongs. Thanks to Michigan’s attorney general, we are closer than ever to taking down a foreign fossil fuel giant that is putting 84 percent of North America’s available, fresh surface water at risk each day that Line 5 continues operating past its expiration date.”
Enbridge has deep pockets and every intention of continuing this battle. We need to be ready.
Can you make a gift today to keep Oil & Water Don’t Mix in this fight?
MAKE AN EARTH DAY DONATION NOW
Tribal nations, environmental and health advocates, business, and others from across the political divide have been demanding the same thing for years: shut down Line 5. On this Earth Day, we are closer than ever.
Let’s finish this together.
With gratitude and determination,
Julie Geisinger
Organizing Coordinator
Oil & Water Don’t Mix
P.S. Today’s ruling was written by Justice Sotomayor and joined by every member of the Court. When the law is clear and the cause is just, it shows. Thank you for being part of this.
Oil & Water Don’t Mix
https://www.oilandwaterdontmix.org/
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