April 22, 2026

DECIDED

Enbridge Energy v. Nessel

On April 22, 2026, the Supreme Court upheld a Sixth Circuit decision that kept a case brought by a state attorney general attacking a treaty-protected pipeline from being removed to federal court. The decision was a setback for WLF, which filed a brief urging reversal because the case involved federal issues that must be heard in an Article III tribunal: U.S. compliance with a treaty and a state’s effort to impede interstate and international commerce by out-of-state enterprises.