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Enbridge pipeline must be relocated after US appeals court rules that it trespassed onto Wisconsin tribal land.

Enbridge was found liable for trespass by a U.S. court of appeals for putting a pipeline under land owned by a tribe in northern Wisconsin. However, the court gave Enbridge more time to move the pipeline or recalculate damages.

The 7th U.S. Circuit Court of Appeals in Chicago addressed appeals from a federal district judge's June 2023 order that Enbridge pay the Bad River Band of the Lake Superior Tribe Chippewa Indians $5.15 million in restitution plus an additional sum for ongoing?trespass, and move pipeline within three years. Circuit Court of Appeals of Chicago heard appeals of a federal district court's order from June 2023 that Enbridge must pay $5.15million in restitution to the Bad River Band of Lake Superior Tribe of Chippewa Indians plus an additional amount for ongoing trespass and move the pipeline in three years.

The deadline had expired but was put on hold. Circuit Judge Michael Scudder asked the district judge to take measures to ensure Enbridge reroutes the pipeline as soon as possible.

Enbridge had no ?immediate comment. Josh Handelsman is a lawyer representing the tribe. He said that his client will be reviewing the decision.

The Line 5 pipeline was built in 1953 and carries up to 540,000 barrels per day of oil through the Great Lakes Region from Canada. This includes about 12 miles (19 km) beneath the Bad River Reservation.

After a nonjury trial, U.S. district judge William Conley of Madison, Wisconsin awarded damages and ordered the reroute. Bad River Band warned that a shutdown would be needed after spring rains eroded the riverbank protecting a pipeline.

The delay 'does not reflect our approval'

Scudder, writing for a panel of three judges, said that the timetable set by the government to move the pipeline over three years was aggressive. However, a shutdown would harm consumers, cause a rift with Canada and violate a 1977 U.S. Canadian treaty governing pipeline transit.

Scudder wrote: "Make no mistake, Enbridge must remove this pipeline from [tribe land]." The grace period that we have instructed the district court to grant Enbridge is a product of the public context within which the pipeline operates, and does not reflect our approval for the company's conduct.

Scudder alleged that Conley had abused his discretion by "double-counting" Enbridge's profits attributed to the trespass, as well as its economic benefit from deferring expenses to reroute.

Scudder stated that a recalculation would take into account the nature of Enbridge’s trespass as well as any interest owed and the conduct of both parties in relation to a reroute.

The appeals court refused to hold Enbridge responsible for nuisance claiming that federal law preempted tribal claims.

Enbridge's rights of way over certain parcels of tribal land expired in 2013, even though Enbridge's easement to build the pipeline on some parcels lasted until 2043.

After failed negotiations, the tribe filed suit in 2019.

(source: Reuters)