ELR Citation: 54 ELR 20088
No(s). 23-1671 (6th Cir. Jun 17, 2024)

The Sixth Circuit reversed a district court ruling in a lawsuit concerning the Line 5 Pipeline that runs underwater across the Straits of Mackinac between Michigan’s Lower and Upper Peninsulas. Michigan's attorney general (AG) initially sued the pipeline owner in state court, seeking to enjoin continued operation of the pipeline based on alleged violations of the public trust doctrine, common-law public nuisance, and Michigan Environmental Protection Act. The owner removed the suit to federal court, invoking federal question jurisdiction. The AG moved to remand for lack of subject matter jurisdiction and untimely removal. The district court denied the motion, holding it had federal question jurisdiction under Grable because resolution of the claims necessarily required interpretation of federal law, namely the Submerged Lands Act, the Pipeline Safety Act, and a 1977 treaty. The appellate court found the pipeline owner failed to timely remove the suit, and that there were no equitable exceptions to the deadline. It reversed the district court ruling and remanded the suit to state court.