Supreme Court hears Line 5 case with implications for treaty rights

The U.S. Supreme Court heard oral arguments Tuesday in Enbridge v. Nessel, a case that could determine whether Michigan or federal courts decide the fate of the 73-year-old Line 5 oil pipeline, according to reporting by Grist. The 645-mile pipeline runs from Superior, Wisconsin, through Michigan to the province of Ontario in Canada, and carries more than 500,000 barrels of oil and natural gas daily. All 12 federally recognized tribes in Michigan have called for it to be shut down, citing threats to treaty-protected fishing and hunting rights in the Straits of Mackinac.

The justices are considering whether a lower court properly allowed Enbridge to move the case from state to federal court more than two years after the standard 30-day deadline. Michigan Attorney General Dana Nessel sued in 2019 to shut down the pipeline. Tribal nations are not parties in the case, but advocates say the outcome could affect how courts handle disputes involving treaty rights and state authority over natural resources.