Judge gives Enbridge 3 years to close oil pipeline on tribal land in Wisconsin

This is a rotating carousel. You can navigate using the Next and Previous buttons.

1

You can also find out more about the following:

3

File - On Oct. 7, 2016, an above-ground Enbridge Line 5 section is seen at the Mackinaw Pump Station in Mackinaw, Michigan. On Friday, June 16 2023, a federal judge ordered energy company Enbridge shut down in three years certain parts of an oil pipeline that crosses the territory of a Native American Tribe in northern Wisconsin and pay more than $5,000,000 to the tribe for trespassing.

John Flesher/AP

See More

Show Less

2

You can also find out more about the following:

3

FILE – Pipeline to transport crude oil at Enbridge Energy’s Superior, Wis. terminal, June 29, 2018. On Friday, June 16 2023, a federal judge ordered energy company Enbridge shut down in three years portions of an oil pipe that crosses the territory of a Native American tribal group in northern Wisconsin and pay them more than $5,000,000 for trespassing.

Jim Mone/AP

See More

Show Less

MADISON (Wis.) (AP)... A federal judge gave Enbridge three years in which to shut down portions of an oil pipe that crosses reservation lands and ordered Enbridge to pay a Native American Tribe more than $5,000,000 for trespassing.

The order issued by U.S. district judge William Conley on Friday came after Bad River Band Lake Superior Chippewa members told him at a hearing held in Madison that Enbrige Line 5 is immediately exposed to erosion and ruptures due to their land.

The tribe claimed that there is an emergency because this year large sections of riverbank were washed out, leaving less than 15 inches (4.6 meters) between Line 5 on the reservation and the Bad River.

Environmentalists and experts have warned that exposed pipelines are weak and can rupture at any moment, causing huge oil spills.

The order of the judge said that a disruption on tribal land would 'unquestionably' be a public nuisance. However, it denied the imminent threat. It also said that a shutdown could'spark temporary shortages and higher prices for refined gasoline, propane, and butane, creating hardships for the poor, especially, in the Upper Midwest, and Eastern Canada.

Conley wrote: 'Despite the environmental risks, however, the court will require Enbridge to adopt an environmentally-friendly shutdown and purge strategy'.

Enbridge has three years to stop operating Line 5 in any parcels within the Band’s tribal territory where defendants do not have a valid right-of-way and to make reasonable remediation on those sites.

Conley ordered Enbridge, Inc. to pay the tribe $5.15million for trespass and continue to pay a percentage of profits to the tribe as long as it continues to operate the pipeline on tribal land.

Enbridge announced on Saturday that it intends to appeal the decision and "remains available to reach an amicable settlement with the Bad River Band." Enbridge's statement said it did not agree with the judge’s order to stop Line 5 from operating on reservation land in three years.

Enbridge has said that the long-term solution will be a rerouted pipeline of 41 miles (66 kilometers) but the project is dependent on the timely approval of government permits to allow the construction to be finished within the next 3 years.

Line 5 transports 23 million gallons of liquid natural gas and oil each day. It stretches 645 miles (about 1,038 km) from Superior, Wisconsin, through northern Wisconsin, Michigan, and on to Sarnia in Ontario.

In 2019, the Bad River tribe filed a lawsuit against Enbridge, claiming that the pipeline was dangerous and the land agreements allowing Enbridge's operation on the reservation had expired in 2013.

Conley, in September, sided with Enbridge and said that the company was trespassing on the land of the tribe. The tribe must be compensated for the illegal use.

Conley instructed Enbridge to develop an emergency shutoff strategy in November. He cited the risk of "catastrophic" damage to the reservation's water supply and the reservation itself.

The tribe's Odanah office, Wisconsin was closed on Saturday, and a message left to comment about the order did not receive a response.