Federal Judge Rules For Bad River Band, Orders Enbridge to Vacate Line 5 Pipeline in Reservation

NORTHWEST WISCONSIN — A federal judge has ordered Enbridge to end operating the section of Line 5 in the Bad River Reservation within the next three years.

Judge William Conley ruled the energy company has trespassed on the Bad River Band of Lake Superior Tribe of Chippewa Indians’ Reservation after easements for this section of pipeline expired in 2013.

The tribe sued Enbridge in 2019 to remove and shut down Line 5 over concerns that there could be a future spill of oil and natural gas.

“The Band appreciates the court putting an end to Enbridge’s flagrant trespass and disregard for our rights,” says Mike Wiggins, Chairman of the Bad River Band. “Tribal sovereignty prevailed over corporate profits. But the band’s victory is not a cause for unqualified celebration. We are under no illusion that Enbridge will do the right thing. We expect them to fight this order with all of their corporate might. This is just one step in protecting our people and water.”

Judge Conley’s ruling includes Enbridge paying $5.1 million in fines, providing the tribe a portion of its profits as long as Line 5 remains in operation in its current location, and taking steps to prevent erosion around the pipeline.

An Enbridge spokesperson tells Wisconsin Public Radio they plan to appeal the court’s decision.

Wisconsin Manufacturers and Commerce released a statement following the ruling, focusing it on efforts to relocate Line 5 around the Bad River Reservation

“While we applaud the court’s decision not to immediately shut down Line 5 and allow it to continue to safely operate, the judge’s deadline of three years to complete Enbridge’s proposed relocation project draws more urgency to this matter,” said Scott Manely, WMC Executive Vice President of Government Relations. “Wisconsin businesses depend on the energy provided by Line 5 and a shutdown would have devastating impacts on our state’s economy and families.

“It’s been over three years since Enbridge began the permitting process with the Wisconsin Department of Natural Resources, yet no decision has been made,” added Manley. “There is no excuse for this delay, and Wisconsinites who rely on this critical energy infrastructure deserve better. We call on the Wisconsin DNR to immediately approve this project, and allow the relocation work to begin.”