Enbridge Energy v. Nessel

Michigan sued Enbridge in state court to stop operation of its Line 5 pipeline. The Supreme Court decided that federal district courts cannot excuse or extend the 30-day deadline for moving a case from state to federal court, so this case remained in Michigan state court.

Justice Sotomayor wrote the 8–0 opinion, joined by Chief Justice Roberts and Justices Thomas, Alito, Kagan, Jackson, Kavanaugh, and Gorsuch.

The Court ruled that district courts cannot excuse or equitably toll the 30-day removal deadline, but the vote count and opinion lineup are not provided.

Majority

Sotomayor

Roberts

Thomas

Alito

Kagan

Jackson

Kavanaugh

Gorsuch

Parties that want to move a lawsuit to federal court must meet the 30-day deadline. For example, a company sued by a state cannot rely on a judge to forgive a late filing.

Michigan's lawsuit against Enbridge proceeds in Michigan state court. Lower federal courts must apply the 30-day removal deadline without equitable exceptions.

The Court said federal district courts cannot forgive or extend the 30-day deadline for moving a case from state court to federal court.

Businesses, states, and other litigants seeking federal court are affected. They must file removal requests within 30 days or remain in state court.

Michigan's lawsuit over Line 5 continues in Michigan state court. Federal district courts must enforce the removal deadline without equitable exceptions.