The Biden administration’s Justice Department has sided with Native American tribes, arguing that a giant underground pipeline carrying fuel from Wisconsin to Canada illegally trespasses on tribal lands.
In an amicus brief filed with the U.S. Court of Appeals for the 7th Circuit, Justice Department lawyers argue that Enbridge Energy Company is “liable for trespass” because of its operations in the Chippewa Indian tribes. He agreed with the Bad River Band of the Lake Superior Tribe. Line 5 is a pipeline that transports millions of gallons of liquid crude oil and natural gas daily between Superior, Wisconsin, and Sarnia, Ontario.
Approximately 12 miles of Line 5 crosses the Bad River Band Reservation in northern Wisconsin, and the pipeline was built along a “right of way” acquired by the Department of the Interior in the 1950s and rebuilt several times over the next several decades. has also been updated. Enbridge’s right-of-way on the 12 parcels of land at the center of the lawsuit expired in 2013, and the tribe did not agree to renew it. The Interior Department denied the energy company’s renewal request in 2020 after the tribe filed a lawsuit in 2019.
“As Enbridge has not acquired new rights of way, it has no legal right to remain on these lands and is trespassing,” the brief states. Lawyers for the Biden administration wrote that the lower court, the Western District of Wisconsin, “correctly rejected Enbridge’s claims that the Administrative Procedure Act or the 1992 compacts allow it to remain on these lands.” There is.
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Wednesday, April 5, 2023, Enbridge Refinery in Edmonton, Alberta, Canada. (Jason Franson/Bloomberg via Getty Images)
The Justice Department added that the district court did not adequately consider “the potential removal or rerouting of an active international pipeline that falls within the scope of the United States-Canada Convention on Transportation Pipelines.”
The brief states that under the Pipeline Safety Act, “Congress requires the Department of Transportation to improve pipeline safety standards, including standards to prevent and mitigate potential environmental damage that pipeline operators may cause.” “I directed the adoption and enforcement of national safety standards for transportation and facilities.” The Justice Department argues that the appeals court should reevaluate Judge William Conley’s decision to close the pipeline by 2026.
Enbridge Inc., a multinational pipeline company headquartered in Calgary, is pictured on January 25, 2024 in Edmonton, Alberta, Canada. (Artur Widak/NurPhoto via Getty Images)
“The United States also considers whether an injunction affecting Line 5 operations would place the United States in breach of its obligations under the Transportation Pipeline Convention and at risk of exposing it to claims for potentially substantial monetary damages. The court also has a strong interest in appropriately considering the implications for the band’s treaty rights, as well as the potential implications for trade and diplomatic relations between the United States and Canada. It is written in the preparation document.
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The Biden administration supported paying a total of approximately $5 million in restitution for nearly a decade of trespasses, while during the same period Enbridge made well over $1 billion in net profits from Line 5. It was raised.” “The complexity of the equitable factors associated with injunctive relief in this particular case makes it all the more important that the court’s monetary awards adequately serve the purpose of restitution,” the brief states. It is being
Enbridge terminal and pipeline next to the Suncor Energy refinery in Sherwood Park, Strathcona County, Alberta, Canada, August 23, 2023. (Artur Widak/NurPhoto via Getty Images)
“We are grateful that the United States has asked the court not to profit from Enbridge’s trespass,” the Bad River Band said in a statement. “We are disappointed that they did not explicitly call for an immediate end to the illegal trespassing.” Chairman Robert Blanchard said in a statement. “Like other companies that have trespassed on tribal lands, Enbridge should be required to leave our reservations immediately. We look forward to ending the invasion and not tolerating the exploitation of our land and sovereignty.” ”
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“Closing Line 5 before relocating the pipeline off the reservation would violate the 1977 Transportation Pipeline Treaty between the United States and Canada,” an Enbridge spokesperson said. “The Canadian government has made its position clear.” told The Hill. “Such closures are not in the public interest because they would negatively impact businesses, communities, and the millions of individuals who rely on Line 5 for energy in both the United States and Canada.”
