Enbridge Energy and the State of Michigan will each seek to dismiss the others' lawsuit over Governor Gretchen Whitmer’s decision to revoke the 1953 easement agreement allowing the operation of the Line 5 dual pipeline in the Straits of Mackinac.
On Wednesday, U.S. District Judge Janet Neff held a pre-motion conference, which court staff said was not open to the public, where both sides discussed their separate lawsuits against the other. Today, Neff issued an order outlining deadlines for court filings.
The state has until March 17 to file its motion seeking to remand its lawsuit against the Canadian company to the Ingham County Circuit Court.
Both sides told the court that they will file briefs seeking to dismiss the other's lawsuit based on failure to state claim, which essentially means a failure to present sufficient presumed facts indicating a violation of law occurred. The state also will argue sovereign immunity, which means the government can't be sued without its consent.