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Michigan Supreme Court to hear appeals of MPSC Line 5 authorization; briefs due Nov. 14

Mackinac Straits Corridor Authority · October 18, 2025
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Summary

The Mackinac Straits Corridor Authority was told Oct. 17 that the Michigan Supreme Court has granted leave to appeal most challenges to the Michigan Public Service Commission’s order authorizing Enbridge Energy’s replacement segment of Line 5.

The Mackinac Straits Corridor Authority was told Oct. 17 that the Michigan Supreme Court has granted leave to appeal most challenges to the Michigan Public Service Commission's order that authorized Enbridge Energy's replacement segment of Line 5.

"On September 19, the Supreme Court of Michigan entered orders granting the majority of those applications for leave to appeal," Devin Sullivan, the special assistant attorney general representing the authority, told the board. He said appellants must now file briefs, with appellant briefs due on Nov. 14, 2025; appellees' briefs will be due 35 days after that filing, and appellant reply briefs will be due 21 days after appellees file. Amicus briefs will be due at the same time as reply briefs, he said.

The Supreme Court consolidated several applications and directed focused briefing on two core questions: whether the Court of Appeals applied a deferential standard of review rather than deciding de novo whether the proposed conduct will "pollute,…

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