LANSING, Mich. (WJMN) – Michigan Attorney General Dana Nessel is trying to bring her lawsuit against Enbridge from a federal court back to state court. Nessel requested a decision from the Sixth Circuit Court of Appeals on Thursday. According to a release from the Attorney General’s office, the cause was in a state court for over a year before Enbridge removed the case to federal court. 

Nessel filed a petition for a writ of mandamus, also known as a petition asking that a specific action be taken, on February 17, 2023 in the Sixth Circuit Court of Appeals. The Attorney General argued that the, “district court made clear legal errors and abused its discretion.”

On February 21, the federal trial court granted the Attorney General’s motion to certify the denial. That allowed her to approach the federal court of appeals.

In a release from the Attorney General’s office, the appeal argued that, “the federal trial court’s decision to keep the case contains multiple legal rulings about which there is substantial ground for difference of opinion. In particular, the Attorney General argued that the federal court’s decision effectively snatched the case away from the state court after substantial litigation had taken place in the state court, and while the parties were awaiting a final decision from the state court. The Attorney General believes that the federal trial court clearly erred when it refused to send the case back to state court.”

Originally filed in 2019, the Attorney General is attempting to Decommission Line 5.

“This pipeline poses a grave threat to Michigan and to our Great Lakes,” said Nessel. “Enbridge initially agreed that this case belonged in state court and waited two years to move it to federal court. I am grateful that the district court has now recognized that an appeal is appropriate, and I look forward to raising these important issues in the Sixth Circuit.” 

Enbridge has 10 days to file an answer to the petition. The federal court of appeals will then decide whether to take the case. No timeline has been set for the court’s decision.