The Biden administration’s Department of Justice has supported the Bad River Band of the Lake Superior Tribe of Chippewa Indians in its claim that Enbridge Energy Company is trespassing on tribal lands with its operation of Line 5, a massive underground pipeline carrying fuel from Wisconsin to Canada. Roughly 12 miles of Line 5 pass through the Bad River Band’s Reservation in northern Wisconsin, and the tribe did not consent to the renewal of Enbridge’s rights-of-way for these lands, which expired in 2013. The Department of Interior denied the energy company’s request for renewal in 2020, leading the DOJ to argue that Enbridge lacks any legal right to remain on the tribal lands and is in trespass.
In a blow to environmentalists and Democrats, the Biden administration has approved a major Pacific Northwest gas pipeline project. The Justice Department filed an amicus brief urging the appeals court to reevaluate a lower court’s decision to close Line 5 by 2026. The DOJ cited the Pipeline Safety Act, which directs the Department of Transportation to enforce safety standards for pipelines, as a reason for reconsideration. The United States also has an interest in avoiding potential monetary damages and trade and diplomatic issues with Canada related to the operation of Line 5, according to the brief.
The Biden administration supported a restitution award of around $5 million for Enbridge’s nearly ten-year trespass on tribal lands through Line 5, highlighting the company’s substantial profits from the pipeline during that time. The Bad River Band expressed gratitude for the DOJ’s support for restitution, but disappointment that the administration did not call for an immediate end to Enbridge’s trespass. The tribe hopes that the appeals court will put an end to the ongoing trespass and not condone the exploitation of its land and sovereign rights by the energy company.
Enbridge argues 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 Government of Canada has also 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 countries. Enbridge has emphasized the importance of the pipeline to the energy needs of many in the region, emphasizing the potential negative consequences of a shutdown on the economy and individuals who depend on Line 5 for energy.
The Biden administration’s stance on the Line 5 pipeline dispute is part of a broader effort to address environmental and energy issues while promoting tribal sovereignty and upholding international treaties. The DOJ’s support for the Bad River Band reflects a commitment to justice and restitution for tribal communities impacted by resource extraction. Environmental advocates continue to push for a transition away from fossil fuels and pipelines like Line 5, while balancing the economic and energy needs of local communities and businesses. The ongoing legal battle over Line 5 highlights the complex interactions between environmental protection, tribal rights, and economic interests.
