October 31, 2019
LANSING – Michigan Attorney General Dana Nessel today issued the following statement on Michigan Court of Claims Judge Michael Kelly's decision in Enbridge's lawsuit against the state.
"We appreciate Court of Claims Judge Michael Kelly’s quick decision as this case moves forward through the court system. We have always anticipated that this matter would be resolved in the appellate courts and we are more resolved than ever to continue this fight on behalf of the people of Michigan.
“In fact, we recently learned that Enbridge Energy Partners L.P. seriously misrepresented its financial holdings when it made its deal with the Snyder Administration. In the event of a catastrophic oil spill, the people of the state of Michigan could be left holding the bag for more than a billion dollars in unfunded liability.
“The findings are included in a 120-page report – ‘An Analysis of the Enbridge Financial Assurances Offered to the State of Michigan’ – prepared by American Risk Management Resources Network.
“The most chilling finding of the report specifically states that any ‘contribution of funds under an indemnity agreement made with a subsidiary would appear to be a purely voluntary endeavor for Enbridge, Inc.’
“We will appeal this decision. The State of Michigan will not rely on a foreign corporation to protect and preserve our state’s most precious resource, its Great Lakes.”
As for Attorney General Nessel’s lawsuit to decommission Line 5, the case is currently before Ingham County Circuit Court Judge James Jamo. Responses are due November 12; replies are due December 10.