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Enbridge Energy, LP v. Nessel

Docket No.24-783
Op. Below6th Cir.
ArgumentFeb 24, 2026

Issue

Whether district courts have the authority to excuse the 30-day procedural time limit for removal in 28 U.S.C. § 1446(b)(1).

Proceedings & orders timeline

Oct 23, 2024
Application (24A410) to extend the time to file a petition for a writ of certiorari from November 14, 2024 to January 13, 2025, submitted to Justice Kavanaugh.
Oct 28, 2024
Response to application from respondent Dana Nessel, Attorney General of the State of Michigan, on behalf of the People of the State of Michigan filed.
Oct 28, 2024
Application (24A410) granted by Justice Kavanaugh extending the time to file until January 13, 2025.
Jan 13, 2025
Petition for a writ of certiorari filed. (Response due February 24, 2025)
Feb 11, 2025
Waiver of right of respondent Dana Nessel, Attorney General of the State of Michigan, on behalf of the People of the State of Michigan to respond filed.
Feb 19, 2025
DISTRIBUTED for Conference of 3/7/2025.
Feb 19, 2025
Brief amici curiae of North America's Building Trades Unions, et al. filed. (Distributed)
Feb 20, 2025
Brief amicus curiae of Professor Arthur R. Miller filed. (Distributed)
Feb 27, 2025
Response Requested. (Due March 31, 2025)
Mar 21, 2025
Motion to extend the time to file a response from March 31, 2025 to April 29, 2025, submitted to The Clerk.
Mar 24, 2025
Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2025.
Apr 29, 2025
Brief of respondent Dana Nessel, Michigan Attorney General in opposition filed.
May 12, 2025
Reply of petitioners Enbridge Energy, LP, et al. filed. (Distributed)
May 13, 2025
DISTRIBUTED for Conference of 5/29/2025.
May 29, 2025
Rescheduled.
Jun 2, 2025
DISTRIBUTED for Conference of 6/5/2025.
Jun 2, 2025
Rescheduled.
Jun 9, 2025
DISTRIBUTED for Conference of 6/12/2025.
Jun 12, 2025
Rescheduled.
Jun 16, 2025
DISTRIBUTED for Conference of 6/18/2025.
Jun 23, 2025
DISTRIBUTED for Conference of 6/26/2025.
Jun 30, 2025
Petition GRANTED.
Jul 15, 2025
Motion for an extension of time to file the briefs on the merits filed.
Jul 17, 2025
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 29, 2025. The time to file respondent's brief on the merits is extended to and including October 14, 2025.
Aug 29, 2025
Brief of petitioners Enbridge Energy, Limited Partnership, et al. filed.
Aug 29, 2025
Joint appendix filed.
Sep 5, 2025
Brief amici curiae of North America's Building Trades Unions, et al. filed.
Sep 5, 2025
Brief amicus curiae of Professor Arthur R. Miller filed.
Sep 5, 2025
Brief amicus curiae of Washington Legal Foundation filed.
Sep 5, 2025
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Sep 5, 2025
Brief amici curiae of West Virginia, et al. filed.
Oct 14, 2025
Brief of respondent Dana Nessel, Attorney General of the State of Michigan, on behalf of the People of the State of Michigan filed.
Oct 17, 2025
Brief amicus curiae of Great Lakes Business Network filed.
Oct 20, 2025
Brief amicus curiae of Center for Litigation and Courts filed.
Oct 21, 2025
Brief amici curiae of Tribal Nations filed.
Oct 21, 2025
Brief amici curiae of Minnesota, et al. filed.
Oct 21, 2025
Brief amici curiae of Federal Courts and Civil Procedure Scholars filed.
Nov 13, 2025
Reply of petitioners Enbridge Energy, Limited Partnership, et al. filed.
Jan 2, 2026
SET FOR ARGUMENT on Tuesday, February 24, 2026.
Jan 6, 2026
Record requested from the United States Court of Appeals for the Sixth Circuit.
Jan 9, 2026
Record received from the United States Court of Appeals for the Sixth Circuit. The record is electronic and is available on PACER.
Jan 21, 2026
CIRCULATED
Feb 24, 2026
Argued. For petitioners: John J. Bursch, Caledonia, Mich. For respondent: Ann M. Sherman, Solicitor General, Lansing, Mich.

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