The 7th U.S. Circuit Court of Appeals affirmed Thursday that Enbridge’s Line 5 pipeline is trespassing on Bad River Band of the Lake Superior Chippewa land in Wisconsin.
The court upheld the trespass finding but rejected the original three-year removal timeline as too aggressive. Judges cited potential consumer harm and diplomatic tensions with Canada as reasons to grant Enbridge more time.
A lower court must now set a new deadline to relocate the 645-mile pipeline as soon as possible. A segment of the line has operated on the reservation for years without a valid easement.
The ruling also requires a recalculation of the $5.15 million in restitution Enbridge was ordered to pay the tribe for the unlawful trespass.