Page 6 - NorthAmOil Week 36 2022

NorthAmOil PIPELINES & TRANSPORT NorthAmOil

Judge rules Line 5 can stay open

despite trespassing on tribal land

NORTH AMERICA A US federal judge has ruled that Enbridge’s Line subject to international arbitration.
5 pipeline is allowed to remain open, despite The development marks the latest twist for
trespassing on tribal land in Wisconsin. Line 5, which the State of Michigan is also seek-
US District Judge William Conley ruled last ing to shut down. A bid by Michigan Attorney
week that Enbridge had taken advantage of the General Dana Nessel to have a lawsuit over Line Line 5’s operation
Bad River Band of Lake Superior Chippewa, and 5 moved from the federal court level to the state
that the tribe was entitled to some form of com- level was recently rejected. But Nessel is appeal- falls under a
pensation. However, he denied the tribe’s request ing against the decision, and has filed a brief that
to have the pipeline shut down altogether. says Michigan “believes that there is room for transit treaty
“The court must deny the band’s request for reasonable jurists to disagree with the court’s
an automatic injunction, as an immediate shut- holdings”. between Canada
down of the pipeline would have significant At issue for Michigan is an underwater sec- and the US, which
public and foreign policy implications,” Con- tion of the pipeline, which the state believes
ley wrote in his ruling. “While inclined to grant poses a threat to the Straits of Mackinac. Ottawa invoked
alternative injunctive relief to the band, requir- Enbridge is proposing to have that section of the
ing Enbridge to reroute its pipeline outside the pipeline replaced and housed in a new underwa- recently.
reservation, the court will seek input from the ter tunnel. A regulatory review of that proposal
parties before deciding the terms of a permanent by the US Army Corps of Engineers kicked off
injunction.” in August with a two-month public comment
Line 5’s operation falls under a transit treaty period.
between Canada and the US, which Ottawa Line 5 carries 540,000 barrels per day (bpd)
invoked recently in a bid to ensure the tribe’s of crude and natural gas liquids (NGLs) from
lawsuit did not result in flows on the pipeline Western to Eastern Canada via the US states in
being suspended. The treaty guarantees the the Great Lakes region. Enbridge has frequently
transmission of hydrocarbons between Can- sought to talk up the importance of the pipeline
ada and the US and requires disputes over to the region’s energy supply in a bid to defend it
the operation of cross-border pipelines to be from attempts to have it shut down.™

P6 www. NEWSBASE .com Week 36 08•September•2022