Up North Progressive

The Attorneys General of California, Minnesota, and Wisconsin filed an amicus brief supporting Michigan Attorney General Dana Nessel’s suit that the State of Michigan has the authority to protect the waters of the Great Lakes as a public right. The brief was to support Nessel’s response to filing a lawsuit against Enbridge. The response addresses Enbridge’s motion for summary disposition.

In September, 2019, both Attorney General Nessel and Enbridge filed motions for summary disposition. Both parties filed their responses on November 12, 2019 in Ingham County Circuit Court. Nessel appreciated the support of the Attorneys General for filing their brief supporting the will of the people of Michigan in decommissioning Enbridge Line 5.

“It is rare to have the amicus support of other state attorneys general in a state case but the attorneys general for two of our fellow Great Lakes states and the state with one of the longest coastlines in the country clearly recognize the severity and the magnitude of this issue and the important role states play in protecting the public trust. We are grateful that the Minnesota, Wisconsin, and California Attorneys General have joined forces with us to put the protection of our freshwater lakes over corporate profit.”

California, Minnesota, and Wisconsin highlighted the public trust doctrine from their perspective. Minnesota and Wisconsin are also Great Lakes states. California has the longest coastline in the United States. Wisconsin’s shoreline would also be impacted by an oil spill from Enbridge Line 5.

While the Attorney General battles Enbridge at the state level, the energy company earlier in the year went to Michigan’s counties asking the County Boards of Commissioners to vote on variations of a resolution supporting a tunnel Enbridge wants built in the Straits of Mackinac to house the two pipelines currently resting at the bottom. Enbridge went so far as to sponsor the 2019 Michigan Association of Counties conference in order to interact with commissioners and get support for 2018 PA 359, the lame-duck law passed through last December in a last-ditch effort to circumvent the will of the people of the state. The law requires a new Mackinac Straits Corridor Authority to authorize building of the tunnel. Attorney General Nessel’s response explains that law has no bearing on her lawsuit.

The next date in the ongoing lawsuits is December 10, 2019. Both Enbridge and the Attorney General’s office will file briefs and await Judge James Jamo of the Circuit Court’s decision on how the lawsuits will proceed. Thanks to the Attorneys general of California, Minnesota, and Wisconsin for supporting the will of the people of Michigan.