Undo Line 5 shutdown order, federal government's filing urges U.S. appeals court
Ottawa is urging a U.S. appeals court to reverse a Wisconsin judge's order that threatens to shut down the Line 5 cross-border pipeline by June 2026.
Forcing a shutdown would violate Canada's treaty rights, government lawyers argue in an amicus brief filed today with the U.S. Seventh Circuit Court of Appeals.
A Wisconsin court ruling in June gave Calgary-based Enbridge Inc. an ultimatum: reroute the pipeline around an Indigenous reserve within three years or shut it down.
Enbridge plans a 66-kilometre detour to replace the 19-kilometre stretch that runs through the sovereign territory of the Bad River Band of the Lake Superior Chippewa.
Both sides are appealing the decision, Enbridge wants more time to finish the reroute, while lawyers for the band want the taps turned off for good.
The band and its environmental allies fear a spill inside an ecologically sensitive and flood-prone Lake Superior watershed on the Bad River reserve.