Justice Department Files Statement of Interest in Enbridge Case

Note: View statement of interest here.

The Justice Department's Environment and Natural Resources Division (ENRD) and Civil Division last week filed a statement of interest in a case in U.S. District Court for the Western District of Michigan between Enbridge Energy and the State of Michigan.

"The federal government already comprehensively regulates pipeline safety, but Michigan is trying to usurp the Department of Transportation's statutory authority," said Acting Assistant Attorney General Adam Gustafson of ENRD. "President Trump has made clear that the United States will not tolerate state overreach that interferes with American energy dominance."

In 2020, Michigan issued a notice terminating Enbridge's easement for its Line 5 pipeline that traversed underground through the Straits of Mackinac between Lake Michigan and Lake Huron. Michigan issued the notice - which in effect is a safety standard - so it could shut down an international pipeline that provides significant energy to the United States.

The United States' statement notes that the federal Pipeline Safety Act charges the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) with setting nationwide safety standards for interstate pipelines and related infrastructure. By imposing its own safety standards on an interstate (and international) pipeline, Michigan improperly encroached on PHMSA's exclusive authority under the Pipeline Safety Act.

Additionally, the pipeline is subject to a treaty between the United States and Canada. The statement highlights that shutting down this international pipeline interferes with the United States' exclusive authority in foreign affairs.

Chief of Staff and Senior General Counsel John Adams of ENRD filed the motion.