By Ketki Saxena
Investing.com -- Calgary-based Enbridge Inc (TSX:ENB). is requesting District Court Judge William Conley to provide clarification regarding his previous order, which mandates the removal of the Line 5 pipeline within three years from land owned by the Bad River Band of Lake Superior Chippewa.
The company is seeking assurance from a U.S. judge that its contentious cross-border pipeline will not be closed down prior to being rerouted around an Indigenous band's territory in Wisconsin.
New court documents submitted on Friday, identified as "requests for clarification," argue that Enbridge has presented a valid case for allowing the pipeline to continue operation. In this scenario, Bad River would receive a portion of profits until the completion of the reroute process.
"Enbridge respectfully maintains it has presented legal authority to delay any injunction until the reroute is operational, thereby avoiding any loss of service and resulting substantial harm to the public," states the document.
The document continues:
"The court has authority not to issue or stay any injunction order so as to coincide with when the reroute becomes operational; this ensures protection of public interest against significant adverse consequences."
Additionally, Enbridge seeks confirmation whether this three-year countdown commenced on June 16th or if it begins upon Conley's final judgment date – which remains pending due revisions and clarifications.
Judge Conley's Ruling
In his earlier ruling made this month, Judge Conley determined that a Line 5 rupture on Bad River territory would "unquestionably" constitute a public nuisance under federal law.
Since 2019, the Bad River Band has been contesting Enbridge in court, asserting that the company no longer holds permission to operate on their land. Conley granted Enbridge three years from his order date to finalize the reroute.
The Bad River Band's Perspective
The band expressed dissatisfaction with Judge Conley's decision, which also includes a profit-sharing arrangement and a US$5.1-million back payment dating back to when pipeline authorization was deemed expired in 2013.
Bad River lawyers argue that waiting three years is excessive due to potential catastrophic rupture risks within Lake Superior watershed; they further contend that financial penalties are insufficient deterrents against future violations of Indigenous sovereignty.