A federal judge has issued a ruling against Enbridge, a Canadian energy company, ordering them to remove certain sections of an oil pipeline located on tribal lands in Wisconsin. In addition to this, Enbridge has been mandated to pay the tribe more than $5 million as compensation for trespassing. The Bad River Band of Lake Superior Chippewa filed a lawsuit against Enbridge back in 2019, arguing that the pipeline, which spans approximately 12 miles, poses a rupture risk on their land and that the land agreements permitting its operation on the reservation expired in 2013.
US District Judge William Conley, presiding in Madison, Wisconsin, determined that Enbridge must not only pay the tribe $5.15 million but also provide them with a percentage of the profits as long as the pipeline remains on their land. However, he did not find the pipeline to be in immediate danger of bursting, noting that an immediate shutdown would lead to temporary gas shortages and increased prices for refined gas, propane, and butane in the Upper Midwest and Eastern Canada, causing difficulties for economically disadvantaged households.
The lawsuit was prompted by the tribe’s concern that erosion puts the Line 5 pipeline, owned by Enbridge, at risk of exposure, which could potentially lead to pipeline weakness and an oil spill. In response to this risk, Judge Conley ruled that Enbridge must implement a more cautious shutdown and purge plan, discontinuing the operation of Line 5 on any section of the tribal territory where valid right-of-way agreements are lacking and arranging for appropriate remediation at those sites. In November of last year, the judge had already directed Enbridge and the tribe to devise an emergency shutoff strategy.
Enbridge has expressed its intent to appeal the court’s decision, maintaining that it is not trespassing on tribal land. However, the company also stated its willingness to reach an amicable resolution with the Bad River Band. Enbridge’s proposed long-term solution involves rerouting the pipeline over a distance of 41 miles, pending timely approval of permits by relevant government authorities, with completion expected within three years. Currently, the pipeline spans 645 miles across Wisconsin, Michigan, and Ontario, enabling the transportation of 23 million gallons of oil and natural gas daily.
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