The Biden administration’s Department of Justice has supported the Bad River Band of the Lake Superior Tribe of Chippewa Indians in their lawsuit against Enbridge Energy Company, claiming that the company is trespassing on tribal lands with its operation of the Line 5 pipeline. The pipeline crosses 12 miles of tribal land, and Enbridge’s rights-of-way expired in 2013 without the tribe’s consent for renewal. The DOJ argued that since Enbridge has not obtained renewed rights-of-way, it lacks the legal right to remain on the land and is therefore in trespass. The Department of Interior denied Enbridge’s request for renewal in 2020, and the lower court rejected the company’s arguments in favor of staying on the land.
The Justice Department argued that the district court did not properly consider the potential removal or rerouting of the active international pipeline that falls under a treaty between the United States and Canada. They also raised concerns about potential financial damages and effects on trade and diplomatic relations with Canada if the pipeline were to be closed by 2026. The DOJ supported a restitution award of roughly $5 million for Enbridge’s nearly ten-year trespass, noting that the company had made over $1 billion in net profit from Line 5 during that time. The Biden administration emphasized the need for the court’s monetary award to serve the goals of restitution in this unique case.
Despite supporting the restitution award, the Bad River Band expressed disappointment that the Biden administration did not call for an immediate end to Enbridge’s ongoing trespass. The Band’s Chair stated that Enbridge should be required to promptly leave the Reservation, as other companies have been when trespassing on tribal land. Enbridge argued that shutting down Line 5 before relocating the pipeline outside the Reservation would violate the 1977 Transit Pipeline Treaty between the U.S. and Canada. The company stated that such a shutdown would not be in the public interest as it would negatively impact businesses, communities, and individuals who rely on Line 5 for energy in both the U.S. and Canada.
The Department of Justice highlighted the importance of properly considering the implications of injunctive orders affecting the operation of Line 5 on the United States’ obligations under the Transit Pipeline Treaty and potential impacts on trade and diplomatic relations with Canada. They urged the appeals court to reevaluate the lower court’s decision to close the pipeline by 2026, emphasizing the need for a holistic approach in considering all relevant factors in this case. The Biden administration’s actions in supporting the tribe’s lawsuit against Enbridge reflect their commitment to upholding tribal sovereignty and environmental protection in cases involving the operation of major pipelines on tribal lands.
