Split 6th Circ. Backs Approval Of Enbridge Pipeline Spill Plan

Law360 (June 5, 2020, 9:25 PM EDT) -- A split Sixth Circuit panel ruled on Thursday that the U.S. Department of Transportation properly approved Enbridge Energy's oil spill response plans for a Wisconsin-to-Ontario pipeline, while the dissenting judge said a lower court had been right to disagree.

The majority opinion, penned by U.S. Circuit Judge Amul Thapar, overturned the decision of a Michigan federal judge who had granted the National Wildlife Federation's request that the court declare that the DOT unlawfully approved Enbridge's spill response plans without properly reviewing whether they squared with federal environmental statutes.

Judge Thapar honed in on the provision of the Clean Water Act that says...

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