Enbridge Energy, L.P. v. Whitmer
ELR Citation: 55 ELR 20166 No(s). 1:20-cv-1141 (W.D. Mich. Dec 17, 2025) (Jonker, J.)
A district court granted a pipeline company's motion for summary judgment in a challenge to its use of a four-mile strip under the Straits of Mackinac as part of its 645-mile crude oil pipeline. Michigan officials sought to stop the company from using the strip due to safety issues by revoking a 1953 easement issued by the state to the company's predecessor. The company argued federal law preempted revoking the easement, which would effectively shut down the entire pipeline. The court agreed, finding Congress expressly preempted state regulation of interstate pipeline safety through the Pipeline Safety Act and that two sovereign nations—the United States and Canada—agreed that Michigan's attempt interfered with their explicit federal foreign policy positions and trade relations. It granted the company's motion for summary judgment on its preemption claims and enjoined Michigan officials from enforcing their shutdown order.