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Federal appellate panel sends Michigan pipeline challenge to state court

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Federal appellate panel sends Michigan pipeline challenge to state court


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.

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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.

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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.



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Before-and-after images show severity of Black Lake flooding

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Before-and-after images show severity of Black Lake flooding


Before-and-after images of homes on Black Lake near Onaway provide perspectives on how the community was affected by April flooding.

Snowmelt and rain have stressed dams and caused lakes to flood in northern Michigan.

The Cheboygan County Sheriff’s Office shared on social media photos and videos that the agency captured of Cheboygan County floods on Friday, April 17 from both the ground and air.

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Deputies “observed a level of destruction that simply cannot be understood from ground level,” the sheriff’s office said in the post.

Google Maps images taken from two locations on Black Lake in 2024, compared with the Friday images, show how the floodwater has changed the landscape.

On North Black River Road and Taylor Road, the water has overflowed to North Black River Road.

In the 400 block of South Black River Road, water has also flooded homes and lakeside property.

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“Black Lake, Black River, Cheboygan River, Burt Lake, Mullet Lake, the Sturgeon River − and nearly every waterway in the county have overflowed beyond their banks, swallowing docks, roads, yards, and in far too many cases, homes,” the sheriff’s office post said. “What should be familiar shorelines are now unrecognizable expanses of water.”

“Our hearts are with every family affected by this flooding,” Cheboygan County Sheriff Todd Ross said in the post. “We know many of you are facing significant damage to your homes and property, and the emotional toll that comes with it. Please know you are not alone. We are working around the clock with our partners to ensure safety, provide support, and begin the process of recovery. Stay strong, stay connected, and don’t hesitate to reach out for help, we will get through this together.”

Nearby, the UAW Black Lake Conference Center shared images on social media of floodwater threatening its Old Lodge.

The conference center is located at 2000 Maxon Road in Waverly Township.

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The Cheboygan County Road Commission and the Cheboygan County Office of Emergency Management closed the bridge at Five Mile Point Road on Saturday, April 18 due to significant road washout in the area of South Black River Road and Red Bridge Road.

The sheriff’s office had encouraged residents in parts of the area to evacuate earlier in the week and said Saturday it had completed evacuation efforts on the west side of the lake.



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Driver swerves to avoid oncoming traffic, dies after crashing into tree in Texas Twp

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Driver swerves to avoid oncoming traffic, dies after crashing into tree in Texas Twp


A 20-year-old Kalamazoo man is dead after crashing his vehicle into a tree Friday evening in Texas Township, according to Michigan State Police (MSP).

It happened on South 3rd Street and West PQ Avenue around 6:50 p.m., troopers said.

While he was driving in a no-passing zone, the Kalamazoo man swerved off the road to avoid an oncoming vehicle and subsequently crashed into the tree, according to MSP.

The 20-year-old died at the scene. A passenger was hurt, but police said their injuries were non-life threatening.

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Troopers do not believe alcohol or drugs were a factor, and the two were reportedly wearing seatbelts.

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This incident remains under investigation by MSP.



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Michigan man pleads guilty to using fake Social Security cards in $550K fraud scheme

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Michigan man pleads guilty to using fake Social Security cards in 0K fraud scheme



A Southfield man has pleaded guilty to illegally possessing driver’s licenses, Social Security cards and equipment to create fake documents, federal prosecutors said. 

Jerome Antwan Andrews, 41, pleaded guilty Thursday to possessing the driver’s license information and Social Security numbers of more than 250 people in a scheme that caused more than $550,000 in fraud losses, U.S. Attorney Jerome Gorgon Jr. said. 

As part of his plea agreement, prosecutors say Andrews admitted to having an embosser, a laminator, a card cutter and an ID card printer and admitted that his business model was aimed at creating and selling fake Social Security cards and driver’s licenses in the names of real people.

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“Jerome Antwan Andrews and his criminal associates stole more than $1.5 million by submitting hundreds of fraudulent claims to a pandemic program intended to help unemployed American workers. Today’s conviction of Andrews represents yet another attack in our war against fraud. It sends a stern warning that my office will relentlessly investigate those bad actors greedily lining their pockets with U.S. taxpayer funds,” said Anthony P. D’Esposito, Inspector General for the U.S. Department of Labor, Office of Inspector General.

Andrews faces up to 15 years in prison and a $250,000 fine or twice the pecuniary gain or loss, according to prosecutors. He will be sentenced at a later date. 

Homeland Security Investigations and the U.S. Department of Labor investigated Andrews’ case. 



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