Michigan Attorney General Dana Nessel’s lawsuit seeking to shut down part of a petroleum pipeline that runs beneath the Straits of Mackinac belongs in state court, a federal appellate panel ruled Monday.
The pipeline’s operator, Enbridge Inc., moved the case from state court to federal court more than two years past the deadline for changing jurisdictions. A three-judge panel from the 6th U.S. Circuit Court of Appeals found Enbridge clearly missed the deadline and ordered the case remanded to state court.
Enbridge spokesperson Ryan Duffy didn’t immediately respond to an email seeking comment.
Nessel filed the lawsuit in June 2019 seeking to void a 1953 easement that enables Enbridge to operate a 4.5-mile (6.4-kilometer) section of Line 5 beneath the straits, which link Lake Michigan and Lake Huron.
Concerns over the section rupturing and causing a catastrophic spill have been growing since 2017, when Enbridge engineers revealed they had known about gaps in the section’s protective coating since 2014. A boat anchor damaged the section in 2018, intensifying fears of a spill.
Nessel won a restraining order from a state judge in June 2020, although Enbridge was allowed to restart operations after complying with safety requirements. The energy company moved the lawsuit into federal court in December 2021.
Nessel argued to the 6th U.S. Circuit panel that the lawsuit belongs in state court. During oral arguments before the panel in Cincinnati in March, her attorneys insisted the case invokes the public trust doctrine, a legal concept in state law in which natural resources belong to the public, as well as the Michigan Environmental Protection Act.
Enbridge attorneys countered the case should stay in federal court because it affects trade between the U.S. and Canada. Line 5 moves petroleum products from northwestern Wisconsin through Michigan into Ontario.
The judges — Richard Griffin, Amul Thapor and John Nalbandian — did not address the merits of the case.
Enbridge filed a separate federal lawsuit in 2020 arguing that the state’s attempt to shut down the pipeline interferes with the federal regulation of pipeline safety and could encourage copycat actions that would impede interstate and international petroleum trading. That case is pending.
Enbridge also has been working to secure permits to encase the section of pipeline beneath the straits in a protective tunnel.
The pipeline is at the center of a legal dispute in Wisconsin as well. A federal judge in Madison last summer gave Enbridge three years to shut down part of Line 5 that runs across the Bad River Band of Lake Superior’s reservation. The company has proposed rerouting the pipeline around the reservation and has appealed the shutdown order to the 7th U.S. Circuit Court of Appeals. That case is pending.
HOUGHTON COUNTY, Mich., (WPBN/WGTU) — A Michigan State Police trooper who helped save a woman’s life during a medical emergency in August reunited with her this week, months after she survived sudden cardiac arrest at a Hancock-area campground.
Trooper Lucas Lahnala, assigned to the MSP Calumet Post, met Thursday, November 13, with Rosie Danley, the camper he helped revive in August after she collapsed without warning.
MSP said Rosie was camping with family when she went into sudden cardiac arrest and became unresponsive. Lahnala was on duty nearby and rushed to the scene, where he found Rosie’s son already attempting to help her. The trooper immediately began CPR and connected her to an AED. After several minutes of life-saving efforts, EMS arrived, took over care, and transported her to the hospital.
Although medics were able to regain her pulse, early signs pointed to a grim prognosis. But Rosie not only survived, she has since made a full recovery and is back to work as a nurse.
“I’m really happy I was able to be involved and help,” Lahnala said. “As troopers, we respond to emergencies every day, but moments like this remind us why we do what we do. Seeing Rosie healthy and smiling means everything.”
Rosie expressed her deep gratitude to everyone involved. “On behalf of myself, my husband, four kids and thirteen grandkids, I would like to thank Tpr. Lahnala for being one of my heroes,” she said. “He was a Godsend in my life on Aug. 5. God had a plan, and he is part of my miracle story.”
MSP Calumet Post Commander F/Lt. Jason Wickstrom praised Lahnala’s actions, calling them an example of the life-saving work law enforcement performs every day.
“It’s very rewarding when we can share a story that has such a positive outcome and meet the people we have helped,” he said.
The department extended its thanks to Rosie’s son, EMS crews, medical staff, and MSP dispatchers who assisted. MSP also wished Rosie and her family continued health moving forward.
Seven Michigan high school marching bands are competing this weekend at the Bands of America grand nationals competition.
The competition is held each year in Indianapolis, Ind., at Lucas Oil Stadium, home of the Indianapolis Colts.
More than 100 high school marching bands will compete Thursday and Friday in the preliminary round of competition, then the top 32 bands will move on to the semifinal round on Saturday.
Only the top 12 bands will get the chance to perform their competition shows one last time Saturday night in the finals. Members of all 12 bands that make finals will receive medals for their accomplishments. The prize for the best band in the nation is a coveted eagle-shaped trophy.
On Thursday, three Michigan bands were scheduled to take the field throughout the day, including Huron Valley’s band at 9:45 a.m., Mt. Pleasant at 4:45 p.m. and Tri County at 8:30 p.m.
Friday, four more Michigan bands will perform in preliminary competition. Those ensembles are back-to-back state champions Walled Lake at 1:15 p.m., Rockford at 3 p.m., state champion Jenison at 4:30 p.m. and Plymouth-Canton at 6 p.m.
Additionally, the Michigan State University Spartan Marching Band will be performing in exhibition at the competition at 8:45 p.m. Friday night. The Spartan Marching Band will be performing a show of popular Broadway hits.
The Michigan high school bands will be competing against marching bands from states including Texas, Indiana, Oklahoma, Kentucky, Ohio, and, for only the second time ever, Alaska.
Marching bands will be judged on their music, their marching, their visual storytelling and more. Each band has been working since the early summer to perfect their 8-12 minute show, often featuring choreography, complex themes, props, costume changes and more.
To watch a livestream of the Bands of America Grand Nationals competition, visit the event website here. It is a paid livestream, with costs depending on which day and round of competition. To watch Thursday or Friday prelims, it is $20 per day. It costs $27 to watch semifinals on Saturday and another $32 to watch finals. To watch all rounds of competition, viewers can buy a $68 package.
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Washtenaw County residents protest Michigan Medicine’s overhaul on gender-affirming care
ANN ARBOR, MI — JJ McKillop, leader of the LGBTQ+ teenage group True Hope, was willing to bear about 45-degree temperatures Wednesday in Ann Arbor to protest her alma mater.
McKillop, a parent of a transgender child and 1994 graduate of the University of Michigan, said she is “ashamed” by Michigan Medicine’s August decision to end gender-affirming care for minors.
If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy.
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