Justices reveal little about whether the deadline for removing cases to federal court can be excused

SCOTUSblog

by Bradley Joondeph

February 25, 2026

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The U.S. Supreme Court is weighing whether federal courts can extend the 30-day deadline for defendants to remove cases from state to federal court under 28 U.S.C. §1446(b)(1). The case, *Enbridge Energy, LP v. Nessel*, centers on Enbridge’s attempt to remove a Michigan lawsuit seeking to shut down its Line 5 pipeline nearly three years after the suit was filed. Michigan Attorney General Dana Nessel sued in June 2019 to halt the pipeline, which transports crucial oil and propane. Enbridge initially resisted removal but later filed a notice of removal in December 2021, well beyond the statutory deadline. The dispute arises from conflicting rulings at the district court and U.S. Court of Appeals for the 6th Circuit. The district court allowed Enbridge’s late removal, citing “exceptional circumstances,” while the appeals court reversed, holding that the 30-day deadline is mandatory when the plaintiff objects in time. The Supreme Court granted review to clarify whether courts have discretion to equitably toll this deadline. Enbridge’s attorney, John Bursch, argued that the 3

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Originally published on SCOTUSblog on 2/25/2026