Biden DOJ sides with Native American tribe in court filing ripping Canadian pipeline as trespassing

The Biden administration's Department of Justice sided pinch a Native American people successful claiming a monolithic underground pipeline carrying substance from Wisconsin to Canada is trespassing connected tribal lands. 

In an amicus little revenge successful nan U.S. Court of Appeals for nan 7th Circuit, DOJ lawyers agreed pinch nan Bad River Band of nan Lake Superior Tribe of Chippewa Indians successful arguing that Enbridge Energy Company, is "liable for trespass" owed to its cognition of Line 5, a pipeline that moves millions of gallons of crude lipid and earthy state liquids each time betwixt Superior, Wisconsin and Sarnia, Ontario, 

Roughly 12 miles of Line 5 transverse into nan Reservation of nan Bad River Band successful bluish Wisconsin, and nan pipeline was constructed on "rights-of-way" obtained by nan Department of Interior successful nan 1950s and renewed aggregate times complete nan pursuing decades. Enbridge’s rights-of-way for 12 parcels of onshore that are astatine nan halfway of nan suit expired successful 2013, and nan people did not consent to their renewal. After nan people sued successful 2019, nan Department of Interior denied nan power company’s petition for renewal successful 2020. 

"Since Enbridge has not obtained renewed rights-of-way, it lacks immoderate ineligible correct to stay connected those lands and frankincense is successful trespass," nan little says. A little court, nan Western District of Wisconsin, "correctly rejected Enbridge’s arguments that nan Administrative Procedure Act aliases nan 1992 statement authorizes it to stay connected these lands," Biden management lawyers wrote.  

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The Enbridge lipid refinery successful Edmonton, Alberta, Canada, connected Wednesday, April 5, 2023.  (Jason Franson/Bloomberg via Getty Images)

The Justice Department added that nan territory tribunal did not decently see "the imaginable removal aliases rerouting of an progressive world pipeline that falls nether a pact betwixt nan United States and Canada regarding transit pipelines." 

Under nan Pipeline Safety Act, "Congress directed nan Department of Transportation to adopt and enforce nationwide information standards for pipeline proscription and facilities, including standards to forestall and mitigate imaginable biology harm pipeline operators whitethorn cause," nan little says. The DOJ argues nan appeals tribunal should reevaluate Judge William Conley's determination to adjacent nan pipeline by 2026. 

Enbridge Inc., a multinational pipeline institution headquartered successful Calgary, seen connected Jan. 25, 2024, successful Edmonton, Alberta, Canada. (Artur Widak/NurPhoto via Getty Images)

"The United States besides has a beardown liking successful ensuring that courts decently see whether injunctive orders affecting nan cognition of Line 5 whitethorn consequence exposing nan United States to claims that it has violated its obligations nether nan Transit Pipeline Treaty and that activity perchance important monetary damages, and whitethorn impact nan United States’ waste and acquisition and diplomatic relations pinch Canada — successful summation to considering nan implications of nan Band’s pact rights," nan little says.

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The Biden management supported a full restitution grant of astir $5 cardinal "for a astir ten-year trespass – while successful nan aforesaid play Enbridge earned good complete $1 cardinal successful nett profit from Line 5."  "The intricacy of nan equitable factors associated pinch injunctive alleviation successful this unsocial lawsuit make it each nan much important that nan court’s monetary grant adequately serves nan goals of restitution," nan little says. 

The Enbridge Terminal and Pipelines adjacent to nan Suncor Energy Refinery, connected August 23, 2023, successful Sherwood Park, Strathcona County, Alberta, Canada.  (Artur Widak/NurPhoto via Getty Images)

"We are grateful nan US urged nan tribunal not to fto Enbridge profit from its unlawful trespass. But we are disappointed that nan US has not unequivocally called for an contiguous extremity to Enbridge’s ongoing trespass, arsenic justness and nan rule demand," Bad River Band Chair Robert Blanchard said successful a statement. "Enbridge should beryllium required to promptly time off our Reservation, conscionable for illustration different companies that person trespassed connected tribal land. We are hopeful that nan appeals tribunal will put an extremity to Enbridge’s shameful decade of trespass and not condone its exploitation of our onshore and sovereign rights."

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"Shutting down Line 5 earlier relocating nan pipeline extracurricular nan Reservation would break the 1977 Transit Pipeline Treaty betwixt nan U.S. and Canada. The Government of Canada has made its position clear," a spokesperson for Enbridge told The Hill. "Such a shutdown is not successful nan nationalist liking arsenic it would negatively effect businesses, communities and millions of individuals who dangle connected Line 5 for power successful some nan U.S. and Canada."