The outcome is considered crucial to the case, because experts believe state courts will be more receptive to the state’s claim that Enbridge’s continued transport of oil in the Straits violates Michigan’s public trust doctrine, while federal courts are more likely to sympathize with Enbridge’s claim that federal pipeline safety regulations trump those state laws.
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Particular governments around Michigan have begun using regulations to protect against the impacts of a changing climate. Several — including Warren, Sterling Heights, Grand Rapids and Muskegon — have passed or considered “climate action plans” to guide their work to address the effects of climate change within their borders.
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That case, originally filed in state court, has ricocheted into federal court and back again Figura Nessel and Enbridge spar over which court should decide the lawsuit. Now, the Supreme Court has agreed to take up the venue fight during its next term, which starts in October.
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