ELR Citation: 56 ELR 20059
No(s). 24-783 (U.S. Apr 22, 2026)

The U.S. Supreme Court unanimously held that an energy company's removal to federal court of a lawsuit concerning its 645-mile oil pipeline running from northwestern Wisconsin through Michigan and into Canada was untimely. The state of Michigan had filed suit in state court, seeking to halt the company's operation of the pipeline by having a 1953 easement declared void and continuing operations declared unlawful. After litigating for months in state court, the company removed the suit to federal court. Michigan moved to remand, arguing removal was untimely under 28 U.S.C. §1446(b)(1)'s 30-day deadline. A district court denied the motion, holding that equitable principles justified excusing the untimely removal. The Sixth Circuit reversed, holding that although the deadline was nonjurisdictional, several features of the provision and overall removal scheme rebutted any presumption of equitable tolling. The high court held that because §1446(b)(1)'s text, structure, and context are inconsistent with equitable tolling, the company's removal was untimely and remand to state court was required. Sotomayor, J., delivered the opinion for a unanimous Court.