Canada Pleads Enbridge's Case In Pipeline Dispute With Michigan In US Federal Court

TORONTO (UrduPoint News / Sputnik - 12th May, 2021) Canada pleaded energy giant Enbridge's case in its dispute with Michigan over a pipeline slated for closure in written testimony submitted in US Federal court on Tuesday.

In November, Michigan Governor Gretchen Whitmer announced that her government is moving forward with a plan to shut down Canadian energy giant Enbridge's Line 5 pipelines through the Straits of Mackinac, citing the threat of oil spills that may devastate the environment and economy.

"The public and foreign policy interests that would be harmed by a premature shutdown in this case are extraordinarily substantial. Unless and until it is determined that Michigan's shutdown order is consistent with the Parties' rights and obligations established by the United States and Canada in the 1977 Treaty, this Court should take appropriate measures to ensure that Enbridge is not compelled to shut down Line 5," the Canadian government argued in an amicus curiae filed by Gordon Giffin, former US ambassador to Canada and Ottawa's lead lawyer.

The Canadian government is arguing that the 540,000 barrels of predominantly western Canadian oil and natural gas, that flows through the pipeline daily, is essential to the operations of both Canadian provinces and certain US states, including Michigan, Ohio and Pennsylvania.

Ottawa is also pointing to the Canada-US transit pipelines agreement signed in 1977, which says that both countries vow not impede transit of hydrocarbon products from two points in Canada via the United States, or vice versa.

Enbridge previously asked Ottawa for help, including the amicus curiae, ahead of the proceedings on May 12, when the US District Court for the Western District of Michigan begins deliberation on whether it will take up the question of jurisdiction.

Ottawa has lent its support to the pipeline it deems essential to the country's energy security, with Prime Minister Justin Trudeau saying during a press briefing that his government will defend Canadian interests.

Canada is also engaged in diplomatic efforts to resolve the dispute, although, it appears to have made little headway, with Enbridge Executive Vice President and President, Vern Yu, telling the Special Committee on the Economic Relationship between Canada and the United States in March that Canadian ambassador to the US Kirsten Hillman was denied a meeting with Whitmer.

US Secretary of Energy Jennifer Granholm on Tuesday declined to weigh in on the Line 5, citing it the ongoing legal process.