It’s taken five years, but Michigan’s claim that states have a significant regulatory role in pipeline permitting is now in the hands of a judge whose ruling following a four-hour hearing on Jan. 27 could set the stage for similar challenges nationwide.
There are more than 2.6 million miles of oil/gas pipelines crisscrossing the United States, with 71 networks spanning the nation’s border with Canada, meaning they’re primarily regulated under federal law and by treaties between the neighboring countries.
However, Michigan Attorney General Dana Nessel maintains that states have regulatory authority under “common law” public trust doctrines and public nuisance provisions to enforce environmental laws that protect residents and natural resources....