Enbridge Energy, Lp v. Nessel

Questions presented

SCOTUS records, cert granted 30 Jun 2025

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

Opinion summary

Etalia.ai summary of the majority opinion

Justice Sotomayor wrote for a unanimous Court. The case asked whether the 30-day deadline for removing a state case to federal court under 28 U.S.C. § 1446(b)(1) can be equitably tolled. Enbridge waited far beyond the deadline before removing the Michigan Attorney General’s suit. The Court held that the deadline is not subject to equitable tolling because the statute’s text, structure, and context show Congress did not intend that result. The Court pointed to the statute’s strict wording, the presence of specific removal exceptions elsewhere in the removal scheme, and Congress’s focus on efficiency and early resolution of removal questions. The Court also rejected Enbridge’s arguments that a clearer statement was required and that other statutory provisions supported tolling. The Sixth Circuit’s judgment was affirmed.