In a partial win for a Chippewa band in Wisconsin, a federal judge orders a section of oil pipeline to close in three years

The Bad River Band's insignia shows the river's watershed
inside the reservation. (Image from Bad River Tribe website)

A federal judge's ruling gave a partial victory to members of the Bad River Band of Lake Superior Chippewa Indians, who were suing Canadian oil firm Enbridge "over a stretch of pipeline that crossed over tribal lands," reports Zack Budryk of The Hill. District Judge William Conley "ordered the firm to shut down a section of its pipeline in Wisconsin. . . . The tribe has argued the area of the pipeline is at risk of rupture, while erosion of the banks of the Bad River has left only about 15 feet of land separating the pipeline and the river. . . . Conley agreed with the tribe on the environmental risks of the situation but did not agree a state of emergency warranted an immediate shutdown."

Reservation and pipeline (WNMU map)

Conley, a Barack Obama appointee and native of Rice Lake, 80 miles southwest of the reservation, ordered a "gradual shutdown within three years, and he ordered the energy firm to pay the tribe $5 million in damages for trespassing," Budryk reports. "His ruling expressed concerns that an immediate halt to the pipeline would disrupt energy security in the area and make consumer fuel costs spiral." The judge pointed out Enbridge's delay in building a bypass pipeline, noting that "'Enbridge has now had 10 years since losing its rights of way, including four years of litigating, to move its bypass forward. Considering all the evidence, the court cannot countenance an indefinite delay. . . . Nevertheless, the court will give Enbridge an additional three years to complete a reroute.'"

Enbridge said the ruling was a partial win, but it plans to appeal. "Mike Wiggins, chairman of the Bad River Band, told Budryk that its "victory is not a cause for unqualified celebration . . . We are under no illusion that Enbridge will do the right thing. We expect them to fight this order with all of their corporate might. This is just one step in protecting our people and water."