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On February 1, 2022, the NAM filed an amicus brief in support of Enbridge Energy’s lawsuit seeking to prevent Michigan from revoking its easement and shutting down its Line 5 pipeline. Enbridge has operated the Line 5 pipeline—which originates in Wisconsin, passes through Canada, and transports light crude and natural gas liquids into Michigan since 1953. In 2020, Michigan unilaterally revoked and terminated the nearly 70-year old easement because Enbridge had purportedly violated the public trust doctrine due to the risk of an anchor strike and potential rupture. Various lawsuits followed, including the current case, Enbridge Energy Ltd. V. Whitmer, in which Enbridge is seeking summary judgment in the Western District of Michigan on its claims that Michigan’s actions (1) are preempted by the Pipeline Safety Act and (2) violate the Foreign Affairs Doctrine.

The NAM’s amicus brief emphasizes the federal government’s exclusive role in regulating pipeline safety under the Pipeline Safety Act (49 U.S.C. § 60104). We further argued that permitting Michigan to shut down an international pipeline governed by treaty would undermine the U.S. government’s exclusive authority over transboundary pipelines, unduly burden international commerce, and weaken the federal government’s ability to speak with one voice on foreign affairs. Manufacturers have a shared interest in preventing novel attempts by states to force closure of vital pipelines based on speculative risks and despite significant economic impacts.