West Virginia Attorney General JB McCuskey is leading a coalition of 18 states in an amicus brief filed in Enbridge Energy v. Gretchen Whitmer, to keep a critical gas pipeline open.
The Enbridge Line 5 pipeline starts and ends in Canada and carries more than 20 million gallons of light crude oil and natural gas liquids every day, fueling energy needs throughout the country. However, Michigan is attempting to shut down the Line at an underwater crossing at the Straits of Mackinac. If Michigan were to succeed, it would drastically reduce the nation’s energy supply and drive prices even higher.
The coalition is asking the US Court of Appeals for the Sixth Circuit to affirm a district court ruling that rejected Michigan’s attempt to close off the Line. The coalition argues that the federal Pipeline Safety Act gives the federal government authority over the issue, not individual states. The amicus brief also points out that Michigan’s actions violate an international treaty with Canada concerning pipelines.
"Michigan cannot unilaterally shut down a pipeline that fuels homes, businesses, and industries far beyond its own borders. Congress placed pipeline safety squarely in federal hands for exactly this reason — so that one state cannot hold the nation's energy supply hostage," Attorney General McCuskey said.
Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Montana, Missouri, Nebraska, North Dakota, Oklahoma, Pennsylvania, South Carolina, and Utah joined West Virginia in the brief.
A copy of the brief is available here.
###