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Whitmer v. Enbridge Energy, LP

Certiorari Denied

Petition for certiorari denied on March 30, 2026.

Docket No.25-582
Op. Below6th Cir.

Issue

Whether a state is the real party in interest, and therefore entitled to sovereign immunity, where a private plaintiff sues state officials in federal court for relief that would diminish, but not necessarily extinguish, the state’s ownership and control of its sovereign lands.

Proceedings & orders timeline

Aug 28, 2025
Application (25A252) to extend the time to file a petition for a writ of certiorari from September 14, 2025 to November 13, 2025, submitted to Justice Kavanaugh.
Sep 3, 2025
Application (25A252) granted by Justice Kavanaugh extending the time to file until November 13, 2025.
Nov 13, 2025
Petition for a writ of certiorari filed. (Response due December 17, 2025)
Nov 17, 2025
Waiver of right of respondent Enbridge Energy, LP; Enbridge Energy Company, Inc.; Enbridge Energy Partners, LP, et al. to respond filed.
Nov 25, 2025
DISTRIBUTED for Conference of 12/12/2025.
Dec 2, 2025
Response Requested. (Due January 2, 2026)
Dec 17, 2025
Motion to extend the time to file a response from January 2, 2026 to February 2, 2026, submitted to The Clerk.
Dec 18, 2025
Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2026.
Jan 23, 2026
Motion to extend the time to file a response from February 2, 2026 to February 23, 2026, submitted to The Clerk.
Jan 27, 2026
Motion to extend the time to file a response is granted and the time is further extended to and including February 23, 2026.
Feb 23, 2026
Brief of respondents Enbridge Energy, LP, et al. in opposition filed.
Mar 9, 2026
Reply of petitioners Gretchen Whitmer, et al. filed. (Distributed)
Mar 11, 2026
DISTRIBUTED for Conference of 3/27/2026.
Mar 30, 2026
Petition DENIED.

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