The Supreme Court hears a Line 5 oil pipeline case with high stakes for treaty rights

Grist

by Anita Hofschneider

February 24, 2026

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The U.S. Supreme Court is set to hear oral arguments in *Enbridge v. Nessel*, a case that could determine whether Michigan or federal courts have jurisdiction over the future of Line 5, a 73-year-old oil pipeline that has been a source of significant concern for tribal nations and environmental advocates. The pipeline, which carries more than half a million barrels of oil and natural gas daily through ecologically sensitive waters near the Straits of Mackinac, has leaked over 30 times, spilling more than a million gallons of oil. Tribal leaders argue that Line 5 threatens their treaty rights to hunt and fish in these waters, which are also central to the Anishinaabe creation story. At the heart of the case is a procedural issue: whether Enbridge Energy was justified in moving the case from Michigan state court to federal court more than two years after the typical 30-day deadline for such requests. If the Supreme Court rules in favor of Enbridge, it could delay or even prevent Michigan from enforcing its decision to revoke Line 5’s operating license, which was revoked in 2021 due to concerns about treaty rights and environmental risks. The stakes are high for Indigenous communities, who rely on the Great Lakes for cultural and subsistence purposes. Five tribal nations hold treaty-protected fishing and hunting rights in these waters, and any oil spill could have devastating impacts on their ways of life. Wenona Singel of Michigan State University’s Indigenous Law & Policy Center notes that procedural delays can have real environmental and cultural consequences, especially when infrastructure operates in areas protected by treaty rights. From a climate perspective, the Great Lakes are globally significant, holding one-fifth of Earth’s surface freshwater. An oil spill from Line 5 could harm not only tribal communities but also the 40 million people who rely on the lakes for drinking water and recreation. Debbie Chizewer of Earthjustice emphasizes that this case is about Michigan’s ability to protect its natural resources from outdated infrastructure like Line 5, which was built in 195

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Originally published on Grist on 2/24/2026