Enbridge to close pipeline after trespassing on Native American lands, judge rules.

A Victory for Native American Rights: Enbridge Ordered to Shut Down Pipeline

A federal judge has made a landmark ruling, declaring that energy company Enbridge must cease operations on its Line 5 pipeline. This pipeline has been found to be trespassing on the sacred lands of the Bad River Band of Lake Superior Chippewa reservation in Wisconsin.

U.S. District Judge William Conley has ordered Enbridge to shut down Line 5 within 21 days. Furthermore, the company must develop a new route within the next three years that avoids crossing into the reservation.

Protecting the Land and the People

The Bad River Band filed a lawsuit in 2019, seeking an immediate shutdown of the pipeline due to the potential risks it poses. They argued that any rupture could have devastating consequences. In 2020, a damaged anchor support temporarily closed a section of the same pipeline, further highlighting the concerns.

Judge Conley’s ruling not only requires Enbridge to shut down Line 5, but also mandates the company to pay the tribe a fee of $5.1 million for trespassing onto their protected lands.

“Enbridge agrees with the Court’s decision to reject the Band’s argument for an immediate shutdown. However, the company disagrees with certain aspects of the Court’s orders, including the finding of trespass and the three-year timeline for ceasing operations on the reservation,” stated a spokesperson for Enbridge.

Enbridge claims that a 1992 contract with the Bad River Band allowed them to operate Line 5 on the reservation until 2043. The company plans to appeal the court’s decision.

A New Proposal and Future Challenges

Instead of complying with the shutdown order, Enbridge has proposed the construction of a new segment in Ashland and Iron counties. This alternative route, measuring 41 miles, would bypass the reservation. However, it is important to note that this proposal is still pending necessary state permits and would take approximately one year to complete.

Line 5 plays a crucial role in transporting 540,000 gallons of fuel per day from Canada to the Great Lakes region. To transport the same amount by truck, it would require the equivalent of 2,000 vehicles.

Bad River Band Chairman Mike Wiggins Jr. was unavailable for comment at the time of publishing.

Source: The Washington Examiner