ENBRIDGE ENERGY, LP; ENBRIDGE ENERGY COMPANY, INC.; ENBRIDGE ENERGY PARTNERS, L.P. v. GRETCHEN WHITMER, the Governor of the State of Michigan in her official capacity; SCOTT BOWEN, Director of the Michigan Department of Natural Resources in his official capacity - Articles

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ENBRIDGE ENERGY, LP; ENBRIDGE ENERGY COMPANY, INC.; ENBRIDGE ENERGY PARTNERS, L.P. v. GRETCHEN WHITMER, the Governor of the State of Michigan in her official capacity; SCOTT BOWEN, Director of the Michigan Department of Natural Resources in his official capacity

Posted by: Azya Thornton on Apr 23, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Daniel P. Bock, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellants.

Attorneys 2: ARGUED: Mark C. Savignac, STEPTOE LLP, Washington, D.C., for Appellees.

Attorneys 3: ON BRIEF: Daniel P. Bock, Keith D. Underkoffler, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellants.

Attorneys 4: ON BRIEF: Mark C. Savignac, Alice E. Loughran, STEPTOE LLP, Washington, D.C., Phillip J. DeRosier, DICKINSON WRIGHT PLLC, Detroit, Michigan, for Appellees.

Attorneys 5: ON BRIEF: James M. Olson, FOR LOVE OF WATER, Traverse City, Michigan, Andy Buchsbaum, GREAT LAKES BUSINESS NETWORK, Ann Arbor, Michigan, Oliver J. Larson, RYAN V. Petty, OFFICE OF THE MINNESOTA ATTORNEY GENERAL, St. Paul, Minnesota, David R. Jury, UNITED STEELWORKERS, Pittsburgh, Pennsylvania, Jonathan D. Newman, Jacob J. Demree, SHERMAN DUNN, P.C., Washington D.C., Kaitlyn D. Shannon, BEVERIDGE & DIAMOND, P.C., Washington, D.C., for Amici Curiae.

Judge(s): MOORE, KETHLEDGE, and BLOOMEKATZ, Circuit Judges

Court Appealed: United States District Court for the Western District of Michigan at Grand Rapids

BLOOMEKATZ, Circuit Judge. Enbridge Energy owns and operates a pipeline that runs from Wisconsin, through Michigan, and into Canada. Between Michigan’s Upper and Lower Peninsulas, the pipeline crosses through the bottomlands of the Straits of Mackinac, land that belongs to the State of Michigan. Enbridge’s pipeline crosses the Straits pursuant to a 1953 easement between Enbridge and the State. In recent years, the pipeline has generated multiple lawsuits and media attention. This appeal stems from a case that began in 2020, when Michigan Governor Gretchen Whitmer informed Enbridge that the State was revoking the easement. Governor Whitmer alleged that Enbridge had violated the easement by allowing its pipeline to create an unreasonable risk of a catastrophic oil spill. In response, Enbridge filed suit in federal court against Governor Whitmer and Daniel Eichinger, the Director of the Michigan Department of Natural Resources, alleging that the Michigan officials’ actions violated federal law and requesting declaratory and injunctive relief prohibiting the defendants from interfering with the operation of the pipeline. This appeal concerns a narrow, threshold issue in this case: the defendants’ argument that Enbridge’s claims are barred by Eleventh Amendment sovereign immunity. Below, the district court rejected that argument. We do as well. We hold that Enbridge’s lawsuit falls within the Ex parte Young exception to Eleventh Amendment sovereign immunity and accordingly affirm the district court.

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