Â鶹´«Ã½

Business

    • Ottawa files court brief supporting Enbridge Inc. in Line 5 dispute with Michigan

    Share
    WASHINGTON -

    The federal government is once again urging a Michigan judge to keep Line 5 operating while it works with the United States on negotiating an end to the impasse over the controversial cross-border pipeline.

    Gordon Giffin, the former U.S. ambassador to Canada who is serving as Ottawa's counsel of record, filed a fresh amicus brief this week spelling out the stakes for both countries if the pipeline, owned and operated by Calgary-based Enbridge Inc., is shut down.

    The newest brief is significantly more compact than the version Canada filed in an identical case last year, but reiterates the original argument, with one significant difference: the first brief was filed in May, before the two countries sat down in hopes of ending the standoff.

    Since then, officials from both Canada and the U.S. have met once already, sitting down in mid-December under the terms of a 1977 treaty designed to prevent interruptions to the cross-border flow of oil and gas, and will gather again some time in "early 2022," the documents note.

    The treaty requires both countries "not to shut down or otherwise impede the operations of international hydrocarbon transit pipelines that transport hydrocarbon products from somewhere in Canada to somewhere else in Canada via the United States, or vice versa," they argue.

    That clause "applies to Line 5, which has transported hydrocarbons since 1953 from Western Canada to Central Canada via Wisconsin and Michigan," the brief continues, and applies "to any measures instituted by a 'public authority in the territory of either party' -- which includes the state of Michigan and its officials."

    Until those talks reach an agreement or head to arbitration, it's vital that the court not grant Michigan's request that the line -- which crosses the Great Lakes beneath the environmentally sensitive Straits of Mackinac -- be unilaterally shut down, the brief argues.

    Unless a solution were to emerge through other means, the documents note, "giving full effect to the 1977 treaty would entail ensuring that no compelled shutdown occurs" before the treaty talks have a chance to end the dispute.

    "In the context of this case, that would mean entering injunctive relief prohibiting Michigan from proceeding to shut down Line 5 while the … process is ongoing. Canada respectfully submits that that would be an appropriate order in this case."

    Michigan Gov. Gretchen Whitmer, a Democrat and close ally of President Joe Biden whose political fortunes depend on the support of environmental groups in the state, ordered the shutdown of Line 5 back in November 2020, fearing an ecological disaster in the straits.

    Enbridge pushed back hard, arguing that Whitmer and state Attorney General Dana Nessel had overstepped their jurisdiction and that the case needed to be heard in federal court. Late last year, District Court Judge Janet Neff agreed with Enbridge on the issue of jurisdiction.

    That's when Whitmer and Nessel abruptly withdrew their complaint, opting instead to concentrate on a separate but similar circuit court case dormant since 2019. Enbridge is now making the same arguments in that case that they did throughout last year -- that it needs to be heard by a federal judge.

    Nessel is hoping to head off that argument on a technicality: under federal law, cases can only be removed to federal jurisdiction within 30 days of a complaint being filed.

    The Line 5 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.

    Critics want the line shut down, arguing it's only a matter of time before an anchor strike or technical failure triggers a catastrophe in one of the area's most important watersheds.

    Proponents call Line 5 a vital and indispensable source of energy, especially propane, for several Midwestern states, including Michigan, Ohio and Pennsylvania. 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.

    In a separate amicus brief also filed this week, lawyers for several prominent international unions and labour groups, including the United Steelworkers and the North American Building Trades Unions, spelled out the potential economic impact of a Line 5 closure.

    "Enbridge estimates that if Line 5 ceases operation, the refineries in Michigan, Ohio, Ontario, Quebec and Pennsylvania will lose 40 per cent of their crude supply and, with that reduction in product, will either close completely or become significantly less competitive," the brief says.

    "In either case, the impact on workers who depend on Line 5 for their employment would be dramatic."

    A third brief filed by an array of state and national energy associations further makes the point that allowing Michigan to shut down Line 5 would create a striking precedent.

    "It would not only terminate operation of a vital interstate pipeline, but also significantly undermine the exclusive federal regulatory authority over interstate pipeline safety," they argue.

    "Such a novel ruling would open the door to a spate of similar claims from other states for other interstate pipelines that could create the patchwork of varying and potentially conflicting pipeline safety regulations and closures that Congress expressly precluded."

    This report by The Canadian Press was first published Feb. 4, 2022.

    CTVNews.ca Top Stories

    A team of tornado experts is heading to Fergus, Ont. after a storm ripped through the area Sunday night.

    Why brain aging can vary dramatically between people

    Researchers are uncovering deeper insights into how the human brain ages and what factors may be tied to healthier cognitive aging, including exercising, avoiding tobacco, speaking a second language or even playing a musical instrument.

    Canada

    • A team of tornado experts is heading to Fergus, Ont. after a storm ripped through the area Sunday night.

    • Two nephews of the beloved Harry R. Hamilton share stories about his life and legacy.

    • The union representing some 1,200 dockworkers at the Port of Montreal has overwhelmingly rejected a deal with their employers association.

    • A man who was critically injured in a police-involved shooting in Hamilton late Sunday afternoon has died in hospital, says the province’s police watchdog.

    World

    Politics

    • Murray Sinclair’s family members say the late justice and senator has been laid to rest according to his wishes.

    • Prime Minister Justin Trudeau announced voters in Cloverdale—Langley City will pick their next member of Parliament on Dec. 16.

    Health

    Sci-Tech

    Entertainment

    Business

    Lifestyle

    Sports

    Autos

    Local Spotlight

    For the second year in a row, the ‘Gift-a-Family’ campaign is hoping to make the holidays happier for children and families in need throughout Barrie.

    Some of the most prolific photographers behind CTV Skywatch Pics of the Day use the medium for fun, therapy, and connection.

    A young family from Codroy Valley, N.L., is happy to be on land and resting with their newborn daughter, Miley, after an overwhelming, yet exciting experience at sea.

    As Connor Nijsse prepared to remove some old drywall during his garage renovation, he feared the worst.

    A group of women in Chester, N.S., has been busy on the weekends making quilts – not for themselves, but for those in need.

    A Vancouver artist whose streetside singing led to a chance encounter with one of the world's biggest musicians is encouraging aspiring performers to try their hand at busking.

    Ten-thousand hand-knit poppies were taken from the Sanctuary Arts Centre and displayed on the fence surrounding the Dartmouth Cenotaph on Monday.

    A Vancouver man is saying goodbye to his nine-to-five and embarking on a road trip from the Canadian Arctic to Antarctica.

    • LIVE

      LIVE

      Thousands of people are gathered in downtown Vancouver to observe the city’s 100th Remembrance Day ceremony.

    • A suspect was arrested for allegedly brandishing a knife outside a Vancouver elementary school on Friday – just as the young students were heading home for the day.

    • Several hundred people gathered outside the Ontario legislature in Toronto to honour veterans and remember those who died fighting for their country.

    • Toronto is expected to see an economic boost to the tune of nearly $300 million thanks to Taylor Swift’s upcoming Eras Tour, which will be making a stop in Canada’s largest city for a six-show run later this month.

    • A man believed to be in his 40s has been rushed to a trauma centre following a stabbing in downtown Toronto.

    • Calgarians will be observing Remembrance Day at a number of different ceremonies across the city, including at the Hangar Flight Museum.

    • July 2025 may seem like it’s in the distant future, but for the St. Luke playground committee time is ticking to fundraise the $340,000 they still need to build a new playground.

    • Getting out to the mountains is even easier with a new bus route from a growing Germany-based service.

    • Crowds gathered in Ottawa and eastern Ontario on Monday to honour the sacrifice of men and women in uniform who gave their lives in service of Canada.

    • CTVNewsOttawa.ca looks at Remembrance Day ceremonies in Ottawa.

    • After months of controversy surrounding a dog park in Ottawa's west end, a solution has been reached to divide the park in half.

    • A 36-year-old Montreal man who was out on bail after allegedly uttering death threats to a woman is now accused of murdering her on the South Shore.

    • With fewer interments and rising maintenance fees, the money for Canada's largest military cemetery will run out in three to four years.

    • Montreal Metro passengers can now flag a safety concern by texting a new phone number launched by the STM.

    • WEATHER

      WEATHER

      This is shaping up to be one of the warmest Remembrance Days in the past decade, at least, for temperatures.

    • A local author is sharing his experience with alcoholism with the hope of helping other men improve their mental wellness.

    • Many Maritimers turned out in wet and windy weather Monday to remember those who have served, and continue to serve, in Canada's armed forces for Remembrance Day.

    • A Cape Breton senior recalls her life in German-occupied France, and her mother’s death, during the Second World War.

    • Thousand of people gathered at the Menin Gate in the Ypres, Belgium for Monday’s Remembrance Day Ceremony.

    • Remembrance Day is today, and a number of ceremonies are taking place around the province to honour those who gave their lives to serve our country.

    • A pillar in Canada’s history was honoured in Winnipeg Sunday afternoon, with thousands showing up to pay tribute to the life and legacy of the late Murray Sinclair.

    • Winnipeg police have identified two men involved in a stabbing incident earlier this week.

    • There will be two ceremonies taking place in Regina for Remembrance Day, hosted by the Royal Canadian Legion.

    • Regina author Valerie Crowther is celebrating the release of her book ‘War Letters: Linking Lives in the Second World War.’

    • It was a somber day at Mosaic Stadium as members of the Saskatchewan Roughriders officially cleaned out their stalls and closed the book on the 2024 season.

    • Saskatchewan RCMP are searching for a suspect after a man was seriously injured in a farm-related incident in Montreal Lake.

    • It was a somber day at Mosaic Stadium as members of the Saskatchewan Roughriders officially cleaned out their stalls and closed the book on the 2024 season.

    • The Regina Rams claimed the Hardy Cup after a hard fought battle against the Saskatoon Huskies 19-14 on Saturday in the first all Saskatchewan U-Sports western conference final since 2002.

    • Emergency crews responded to the scene on Road 68/Highway 2 east of Thamesford around 7 p.m.

    • The events will start at 10:15 a.m. with a parade that forms up in front of the Delta London Armories, marches east on Dundas Street and turns north onto Waterloo Street to Dufferin Avenue, the west to the Cenotaph.

    • A team of tornado experts is heading to Fergus, Ont. after a storm ripped through the area Sunday night.

    • A Barrie man is at the centre of an alleged $2.2 million stolen used car scheme.

    • Environment Canada issued a weather alert for Barrie, Collingwood and surrounding areas, alerting residents about the wicked winds that are expected to pick up to 80 kilometres per hour in the afternoon hours.

    • Barrie residents gathered on Monday to honour Canada’s veterans and pay tribute to those who served and sacrificed for the country.

    • Representatives of the Windsor Veterans Memorial Services Committee, military representatives, wreath bearers, government officials, and members of the public will attend the Cenotaph at City Hall Square for the outdoor service.

    • Windsor Paralympic champion, Danielle Campo, has been crowned the number one Inspirational Speaker of the Year for 2024 at the Inspirational Speaking Finals.

    • One person has been arrested after Chatham-Kent Police Service (CKPS) received multiple complaints about an alleged drunk driver.

    • Environment Canada says heavy rain and winds could cause power outages on Vancouver Island as an "intense" storm system is set to hit the B.C. coast Sunday.

    • Six deer were struck by vehicles in six different locations in a six-hour period on B.C. highways on Saturday, according to the transportation ministry.

    • The union for locked-out port workers in British Columbia says the BC Maritime Employers Association cut off talks in less than an hour Saturday, refusing to budge on a final offer that the union has so far rejected.

    • The emergency department at South Okanagan General Hospital in Oliver, B.C., will be closed for 31 hours this weekend, the second such closure in a week and the third since the start of November.

    • Police in Kamloops, B.C., are reminding parents and guardians to check their children's Halloween candy after receiving a report of a mother finding a razor blade in one of her daughter's treats.

    • More than two years after Alannah Brown and Douglas Barker were found dead north of Penticton, police are asking for help identifying a vehicle they believe was associated with the crime.

    • The Southern Alberta Recreation Association is officially announcing the Town of Taber as next year’s host for the Southern Alberta Summer Games.

    • The Lethbridge Hurricanes broke open a close game with three goals in the first two minutes of the third period as they defeated the Warriors 7-3 in a game played Friday night in Moose Jaw.

    • There might not a lot snow just yet, but many southern Albertans are still itching to get outdoors.

    • It was just days before the COVID-19 pandemic shut the world down when the Shaft Bottom Boys of Sudbury broke a world record for 'Deepest Concert Underground.' Now, more than four years later, a Timmins band is looking to take the title.

    • Police have arrested a 15-year-old in connection with a break-in and $50,000 in damage done to the Centennial Arena in Elliot Lake in September.

    • Mayors of the five largest cities in northern Ontario met in North Bay the last two days to discuss a range of critical issues impacting their cities and the region.

    N.L.

    Shopping Trends

    The Shopping Trends team is independent of the journalists at Â鶹´«Ã½. We may earn a commission when you use our links to shop. Read about us.

    Stay Connected
    Follow Â鶹´«Ã½