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ENBRIDGE ENERGY, LP v. STATE

No. 351366.

957 N.W.2d 53 (2020)

332 Mich. App. 540

ENBRIDGE ENERGY, LP, Enbridge Energy, Inc., and Enbridge Energy Partners, LP, Plaintiffs-Appellees, v. STATE of Michigan, Governor, Mackinac Straits Corridor Authority, Department of Natural Resources, and Department of Environment, Great Lakes, and Energy, Defendants-Appellants.

Court of Appeals of Michigan.

Decided June 11, 2020, 9:10 a.m.

Attorney(s) appearing for the Case

Dickinson Wright PLLC (by Peter H. Ellsworth , Lansing, Jeffrey V. Stuckey , and Ryan M. Shannon , Lansing), Phillip J. DeRosier , Detroit, and Bursch Law PLLC, Caledonia (by John J. Bursch ) for plaintiffs.

Dana Nessel , Attorney General, Fadwa A. Hammond , Solicitor General, and S. Peter Manning , Robert P. Reichel , Daniel P. Bock , and Charles A. Cavanagh , Assistant Attorneys General, for defendants.

Environmental Law & Sustainability Clinic (by Oday Salim ) for the National Wildlife Federation, amicus curiae.

Hooper Hathaway, PC (by Bruce T. Wallace ) and Muth Law, PC, Ann Arbor (by Benjamin M. Muth ), for Great Lakes Business Network, amicus curiae.

Rivenoak Law Group, PC (by Valerie J. M. Brader and Catherine T. Dobrowitsky ) for the Small Business Association of Michigan and the Legislature, amid curiae.

Honigman LLP, Lansing (by Peter B. Ruddell and Daniel L. Stanley ), for the Michigan Manufacturers Association, amicus curiae.

Dykema Gossett, PLLC (by Gary P. Gordon , Jason T. Hanselman , Lansing, and Courtney Kissel , Bloomfield Hills) for the Michigan Chamber of Commerce, amicus curiae.

Before: Cameron, P.J., and Boonstra and Letica, JJ.

Defendants, the state of Michigan; the Governor; the Mackinac Straits Corridor Authority (the Corridor Authority); the Department of Natural Resources; and the Department of Environment, Great Lakes, and Energy, appeal an order issued by the Court of Claims granting summary disposition under MCR 2.116(I)(2) (opposing party entitled...

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