Judge orders stretch of pipeline that crosses tribal land to shut down in three years

A federal judge has ordered a Canadian oil firm to shut down a section of its pipeline in Wisconsin that crosses tribal land, a partial victory for indigenous groups that have long opposed the project.

In his ruling, U.S. District Judge William Conley of the Western District of Wisconsin, an Obama appointee, sided with members of the Bad River Band of Lake Superior Chippewa over a stretch of the Line 5 pipeline from Canadian firm Enbridge.

The tribe has argued the area of the pipeline is at risk of rupture, while erosion of the banks of the Bad River has left only about 15 feet of land separating the pipeline and the river.

Conley agreed with the tribe on the environmental risks of the situation but did not agree a state of emergency warranted an immediate shutdown.

In addition to ruling for a gradual shutdown within three years, he ordered the energy firm to pay the tribe $5 million in damages for trespassing.

His Friday ruling expressed concerns that an immediate halt to the pipeline would disrupt energy security in the area and make consumer fuel costs spiral.

“The court has been and still is wary of permanently shutting down the pipeline without providing adequate time for market adjustments, and hopefully, even for Enbridge to complete a proposed reroute of Line 5, which Enbridge represents would likely take 5 years for permitting and a turnkey bypass to be put in place,” Conley wrote.

“However, Enbridge has now had 10 years since losing its rights of way, including four years of litigating, to move its bypass forward,” he added. “Considering all the evidence, the court cannot countenance an indefinite delay or even justify what would amount to a five-year forced easement with little realistic prospect of a reroute proceeding even then. Nevertheless, the court will give Enbridge an additional three years to complete a reroute.”

The ruling comes two years after the Biden administration ordered a thorough environmental review of the tunnel used to house Line 5.

In a statement to The Hill, Enbridge hailed the decision as a partial win but said the Canadian company will appeal the ruling.

“While Enbridge agrees with the Court’s decision to reject the Band’s argument that Line 5 must immediately shut down, the company disagrees with several aspects of the Court’s orders, including that Enbridge is in trespass, and that Line 5 must cease operations on the Bad River Reservation within three years,” a spokesperson said in an email.

“Enbridge is weighing all of its options, including requesting a stay of the judge’s decision while an appeal is heard,” they added.

Mike Wiggins, chairman of the Bad River Band, said in a statement that the “Band’s victory is not a cause for unqualified celebration.”

“We are under no illusion that Enbridge will do the right thing,” Wiggins added. “We expect them to fight this order with all of their corporate might. This is just one step in protecting our people and water.”

Updated at 2:18 p.m.