Supreme Court decides Enbridge and Fluor
Last Tuesday, the Supreme Court decided two cases that TLB has been following: Enbridge Energy, LP v. Nessel and Hencely v. Fluor Corp. Enbridge Enbridge is a dispute about whether Michigan can effectively shut down a pipeline under the Straits of Mackinac, but the particular question before the Court was purely procedural: does equitable tolling…
Continue ReadingArgument Preview: Enbridge Energy, LP v. Nessel
The Supreme Court will hear oral argument this morning in Enbridge Energy, LP v. Nessel, a case involving Michigan’s effort to end an easement across the Straits of Mackinac for an oil and natural gas pipeline between the Midwest and Canada. As Bill has covered previously for TLB, this is one in a series of…
Continue ReadingDOJ Takes Broad View of Foreign Affairs Preemption in Pipeline Case
The Trump Administration has made so many broad assertions of executive power this year that it can be hard to keep track. One such assertion that has not made headlines is found in a statement of interest filed on September 12, 2025, in Enbridge Energy v. Whitmer. At issue is Michigan Governor Gretchen Whitmer’s 2020…
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