WASHINGTON — Enbridge Inc. and the state of Michigan are renewing their legal hostilities over the future of the controversial Line 5 pipeline — and their latest court battle looks an awful lot like the last one.
Attorney General Dana Nessel and Gov. Gretchen Whitmer were dealt a setback last November when District Court Judge Janet Neff granted Enbridge’s request that the case be removed to federal court, a decision that prompted Michigan to abandon that particular challenge.
Instead, the state is focusing its efforts on a separate but similar circuit court action filed in 2019 that spent last year in a state of suspended animation, and which Enbridge is once again arguing should be heard by a federal judge because it comprises an important foreign policy question.
Too late, Nessel argues in her latest tract of court documents, filed Friday with the very same judge who heard the original arguments.
“The present action was pending in state court for nearly two and a half years before (Enbridge) removed it to this court,” she says. Federal law makes it clear that cases can only be removed to federal jurisdiction within 30 days of a complaint being filed, the documents note.
“It is more than two years too late, and federal courts do not condone this type of gamesmanship and abuse of the removal statutes.”
By Nessel’s logic, Enbridge knew perfectly well it could have petitioned to have the case removed when it was originally filed but opted not to do so until now — a “remarkably dilatory” act based on an argument that “defies the facts, the law and basic common sense.”
Enbridge has yet to file a response to Nessel’s latest brief. However, the company has repeatedly indicated it has no plans to shut down Line 5 voluntarily and will continue to fight in court to keep it running.
The overarching question — whether a dispute over the lawful operation of an international, cross-border pipeline should be heard by a federal judge or at the state court level — is a carbon copy of the battle the two sides fought in front of Neff for the better part of last year.
The clash first erupted in November 2020, when Whitmer abruptly revoked the 68-year-old easement that had long allowed Calgary-based Enbridge to operate the line. She cited the risk of environmental catastrophe in the Straits of Mackinac, where Line 5 crosses the Great Lakes.
The pipeline ferries upwards of 540,000 barrels per day of crude oil and natural gas liquids across the Canada-U.S. border and the Great Lakes by way of a twin line that runs along the lake bed beneath the straits linking Lake Michigan and Lake Huron.
Proponents call Line 5 a vital and indispensable source of energy, especially propane, for several Midwestern states, including Michigan and Ohio. It is also a key source of feedstock for critical refineries on the northern side of the border, including those that supply jet fuel to some of Canada’s busiest airports.
Enbridge and its allies, including the federal Liberal government, insist that the pipeline is too vital an energy artery to both countries for it to be suddenly shut down, and the question of its continued safe operation is one to be settled between Ottawa and the White House.
Central to that argument is a 1977 bilateral treaty that was conceived to avoid disruptions to the cross-border flow of energy, one that proved to be a key element in Enbridge’s strategy to convince Neff that the controversy should be adjucated by a federal judge.
Canada said late last year that planning was “well underway” for bilateral treaty talks between Canada and the United States in the dispute over the pipeline, although the timeline for formal negotiations has never been publicly disclosed.
Last year, lawyers for the federal government also filed a statement in court expressing support for Enbridge’s argument, known in legal parlance as an amicus brief. It was not immediately clear Tuesday whether Ottawa expects to do so again.
The White House has acknowledged that the U.S. Army Corps of Engineers is conducting an environmental assessment on Enbridge’s plans to encase the underwater portion of the twin pipeline in a deep, fortified underground tunnel. But they have so far resisted pressure to get involved in the dispute itself.
Critics want the line shut down, arguing it’s only a matter of time before an anchor strike or technical failure triggers a catastrophic environmental disaster in one of the area’s most important watersheds. Michigan has every right to take whatever steps are necessary to protect it, the National Wildlife Federation said in a statement.
“This motion is critical because if successful, it will allow the state courts to consider for the first time whether the risks of a rupture of Line 5 in the Great Lakes justify the continued operation of the pipeline,” said federation attorney Andy Buchsbaum.
“If Enbridge’s gamesmanship is successful, it would allow Enbridge to circumvent Michigan’s ability to protect the Great Lakes and to tie the case up in federal court by months, if not years, leaving the Great Lakes in great danger.”
This report by The Canadian Press was first published Jan. 18,2022.
James McCarten, The Canadian Press
Telus Corp. marks opening of Telus Sky in downtown Calgary
CALGARY — Telus Corp. marked the opening of its new 60-storey Calgary headquarters on Wednesday.
The new $400-million skyscraper, Telus Sky, has been in development for nine years and is now the third-tallest building in downtown Calgary. It features 750,000 square feet of office and retail space as well as 326 rental homes.
The building’s eye-catching design, by architects Bjarke Ingels Group (BIG) and Dialog, along with developer partner Westbank and Allied, starts with a rectangular floorplate and then gradually twists as it rises.
Integrated into the facade of Telus Sky is Canada’s largest public art display. “Northern Lights” by Canadian author and artist, Douglas Coupland, creates a light show across the building’s exterior.
Telus Sky will be home to more than 1,600 Telus employees. It joins TELUS Garden in Vancouver, TELUS Harbour Toronto, TELUS House Ottawa, and Place TELUS Québec as one of the company’s LEED (Leadership in Energy and Environmental Design) Platinum-certified buildings.
Among the building’s environmental features is a storm water management system that recycles rainwater for use in washroom toilets, reducing the building’s municipal water demand by 70 per cent.
This report by The Canadian Press was first published July 6, 2022.
Companies in this story: (TSX:T)
Amanda Stephenson, The Canadian Press
First set of tickets for Pope’s mass in Edmonton booked within minutes
EDMONTON — Thousands of tickets for the Pope’s open-air mass at Edmonton’s Commonwealth Stadium were all booked about 15 minutes after they were made available to the public for free.
The July 26 mass with Pope Francis is part of his six-day Canadian tour, which also includes stops in Quebec City and Iqaluit.
Neil McCarthy, a spokesperson for the papal visit, says organizers were hopeful the first block of 16,000 tickets would be booked immediately because the impact of the event cannot be underestimated.
A total of 65,000 people can attend the mass at the football stadium.
McCarthy says if people haven’t been able to book a seat, they can do so on two other days later this month, when the remaining blocks of free tickets will be made available.
Organizers divided the booking process for the mass over three days, because they say it is easier to manage and want to prioritize some Indigenous people who want to attend.
“We’ve got seating allocations for Indigenous participation, whether it’s residential school survivors, elders, knowledge keepers or those who are supporting them,” McCarthy said Wednesday.
“Today was a very, very positive start to the day. People really want to be with him.”
The Pope is to arrive in Edmonton on July 24. The next day, he is to meet survivors and visit the site of the former Ermineskin Residential School in Maskwacis, about 80 km south of Edmonton.
He is scheduled to arrive in Quebec City on July 27 and stop in Iqaluit on July 29.
The Pope’s visit comes after he apologized in April to Indigenous delegates at the Vatican for the Roman Catholic Church’s role in Canada’s residential schools and the intergenerational trauma it caused.
This report by The Canadian Press was first published July 6, 2022.
The Canadian Press
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