Oral Argument Re-Listen: Enbridge v. Nessel | Deadline Drama and Treaty Tensions

Enbridge Energy v. Nessel | Oral Argument: 2/24/2026 | Case No. 24-783 | Docket Link: Here | Decided: 4/22/26

Overview: Pipeline company removes Michigan environmental lawsuit to federal court two years late, claiming extraordinary circumstances involving international treaty and state forum manipulation justify extending statutory deadline.

Question Presented: Can federal may extend the 30-day removal deadline under 28 U.S.C. § 1446(b)(1) for extraordinary circumstances.

Posture: District court allowed late removal; Sixth Circuit reversed and ordered remand to state court.

Holding: Because 28 U. S. C. §1446(b)(1)’s text, structure, and context are inconsistent with equitable tolling, Enbridge’s removal of the case to federal court outside the statute’s 30-day deadline was untimely.

Voting Breakdown: 9-0. Justice Sotomayor authored the unanimous opinion. No Justice authored a separate opinion.

Result: Affirmed. Nessel wins.

Opinion: Here

Majority Reasoning: (1) Statutory exceptions throughout removal law demonstrate Congress rejected general equitable tolling; (2) Mandatory language requires strict deadline enforcement; (3) Efficiency concerns counsel against case-by-case deadline extensions through judicial discretion.

Implications: Companies lose flexibility to move cases to federal court after missing statutory deadlines. State courts retain jurisdiction over environmental and regulatory disputes even when federal issues arise later. Forum selection becomes permanent within thirty days of service regardless of extraordinary circumstances.

Main Arguments:

• Enbridge (Petitioner): (1) Equitable tolling presumption applies to all non-jurisdictional filing deadlines; (2) Congressional exceptions elsewhere don't preclude judicial flexibility here; (3) International treaty invocation and state forum manipulation create extraordinary circumstances

• Nessel (Respondent): (1) Removal deadlines govern forum selection, not claim staleness; (2) Six express statutory exceptions rebut tolling presumption; (3) Strategic litigation choices don't constitute extraordinary circumstances

The Fine Print:

• 28 U.S.C. § 1446(b)(1): "The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading"

• 1977 U.S.-Canada Transit Pipelines Treaty, Article II(1): "Each Party shall ensure that no public authority in its jurisdiction implements any measure that would have the effect of impeding, redirecting, redirecting or interfering with in any way the transmission of hydrocarbons in transit"

Primary Cases:

• United States v. Brockamp (1997): Explicit statutory exceptions strongly indicate Congress rejected additional implied exceptions through judicial interpretation

• Young v. United States (2002): Equitable tolling applies to statutory deadlines that "prescribe a period within which certain rights may be enforced" unless Congress clearly indicates otherwise

• Arellano v. McDonough (2023): Detailed statutory exceptions within same provision rebut equitable tolling presumption; courts cannot add implied exceptions where Congress specified express ones

Oral Advocates:

• For Petitioners (Petitioners Enbridge Energy): John Bursch of Bursch Law PLLC.
• For Respondent (Nessel): Ann Sherman, Michigan's Solicitor General.