NPGA Bobtail

Interim Decision in Line 5 Case in Wisconsin 

Bottom Line: Federal Court Decision in Wisconsin Favorable to Keeping Line 5 Open While the Line is Re-Routed Around Tribal Land.  Last week, a federal district court in Wisconsin issued a ruling on numerous motions in the Bad River Band litigation against Enbridge, including a motion by NPGA, the Michigan Propane Gas Association, and the Wisconsin Propane Gas Association to join the amicus brief and the motions for summary judgment filed by Enbridge and the Bad River Band.  The Court granted the associations’ motion, and took into consideration the issues we raised in deciding the parties’ summary judgment motions.  While the Court ruled in favor of the Band on liability, it declined to order an immediate shutdown of Line 5.  Instead, the court stated that it is inclined to require Enbridge to complete a reroute of the pipeline outside the Bad River Reservation within five years and pay a fee for the easement in the interim.  But the Court is still allowing the Band to pursue a subsidiary public nuisance claim for injunctive relief with a trial beginning in late October.  This decision does not impact ongoing Line 5 matters in Michigan.  If you have questions, please contact Steve Kaminski, NPGA President and CEO.