Federal Judge Orders Bad River Tribe and Energy Firm to Compromise on Proposal for Possible Pipeline Rupture

Thursday, December 1st, 2022 -- 8:03 AM

(By Danielle Kaeding, Wisconsin Public Radio) A federal judge has ordered the Bad River tribe and Canadian energy firm Enbridge Inc. to come up with a joint proposal to shut down and purge an oil and gas pipeline should erosion worsen at the Bad River and threaten a "catastrophic" rupture.

According to Danielle Kaeding with Wisconsin Public Radio, the Bad River Band of Lake Superior Chippewa sued the Canadian energy firm in federal court in 2019 to shut down and remove Line 5.

The lawsuit followed the tribe’s decision not to renew easements for the pipeline that had expired in 2013 on a dozen parcels of tribal land. Tribal officials argue the pipeline poses an unreasonable risk to health and safety as erosion at an area referred to as "the meander" threatens to expose and rupture Line 5.

In response to Bad River’s lawsuit, Enbridge is planning to build a $450 million pipeline that would run 41 miles around the Bad River reservation. The nearly 70-year-old Line 5 carries up to 23 million gallons of oil and natural gas liquids per day and spans 645 miles from Superior through northern Wisconsin and Michigan to Sarnia, Ontario.

Enbridge contends the pipeline has been safely operating, serving as a vital energy link to the region. In a Monday order, U.S. District Judge William Conley said risk of a significant rupture exists that could result in "catastrophic" impacts to the Bad River watershed and Lake Superior. 

"Thus, the court finds that a rupture of Line 5 at the meander would be a substantial and unreasonable interference with the Band’s and the public’s rights," wrote Conley. His ruling allows the pipeline to continue operating, but requires Enbridge to come to an agreement with the tribe on emergency measures to avoid a spill.

Conley noted the nearest shutoff valves are 14 miles apart on either side of the meander. He said that makes it unlikely that they could be activated in time to prevent roughly 20,000 gallons of crude and natural gas liquids in that segment of pipe from spilling into the Bad River.

The judge ordered Enbridge and Bad River to meet and discuss installation of emergency shutoff valves, a protocol for shutting down and purging the line, and projects that could slow further erosion by Dec. 17.

The two must submit a joint proposal or each must offer their own proposal if no agreement can be reached by Dec. 24.

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