Supreme Court slaps down energy company suit

By Andrew Rice
The Center Square

The U.S. Supreme Court, in a unanimous decision, declined to overturn a lawsuit brought against an energy company related to its oil and gas pipeline.

The case, Enbridge Energy v. Nessel, focuses on a lawsuit brought by Michigan Attorney General Dana Nessel. She filed the lawsuit to shut down the company’s oil pipeline that ran through parts of Michigan.

The energy company was then given 30 days to remove the case to federal court, which it failed to do.

Justices on the court unanimously ruled that the case must remain in state court. Justice Sonia Sotomayor said the energy company is not subject to special privileges that would remove the case out of state court since it applied after the deadline.

“Although such mandatory language alone is not sufficient to rebut the presumption of equitable tolling, it is consistent with treating the deadline as mandatory and not subject to equitable tolling,” Sotomayor wrote in the court’s unanimous decision.

The National Federation of Indepdent Businesses slammed the court’s ruling. Beth Milito, vice president of NFIB’s small business legal center, said the court’s ruling would prevent businesses from appealing state-led legal pursuits.

“Congress never intended for plaintiffs to use procedural gamesmanship and lawsuit manipulation to avoid federal jurisdiction,” Milito said.

Sotomayor said the laws governing removal to federal court rightfully apply to issues at hand.

“The statute’s text, structure, and surrounding context provide good reason to find the presumption rebutted,” Sotomayor wrote. “Enbridge’s notice of removal was untimely and that this action must be remanded to the Michigan state court.”