"Judge clears way for Enbridge to continue operating pipeline through Bad River tribal land, citing consequences of disruptions," 8 Sept 2022

A federal judge has ruled that a Canadian oil company can continue to operate a contested pipeline through the tribal lands of the Bad River Band of Lake Superior Chippewa while the company works to reroute the line through nearby properties. 

... The ruling comes three years after the band filed a lawsuit to remove the pipeline, after right-of-way easements between the tribe and the company expired in 2013.

... [Judge] Conley also noted that Enbridge's continued use of the pipeline through tribal lands after the expiration of the easements also impacts the tribe's sovereign rights to control its own lands. To remedy that issue, Enbridge will be required to pay a yet to be determined fee for the easement in the interim, which could double if the construction is not finished in time. 

... “This ruling is a turning point in the battle to protect Indigenous rights and the Great Lakes — it underscores again why Enbridge Energy should shut down Line 5,” said Beth Wallace, Great Lakes freshwater campaigns manager for the National Wildlife Federation. “Judge Conley rightly took Enbridge to task in their attempt to run roughshod over the rights of the Bad River Band to protect their waterways, their territory, and their culture. This is a major victory in a battle that should have never taken place.”

... Juli Kellner, a communications specialist for Enbridge, said in a statement ... that the company was pleased with the court's decision. "The importance of Line 5 was affirmed today by the federal court judge’s decision ensuring the pipeline will continue to provide energy to millions of people in the Upper Midwest while Enbridge moves forward with the relocation of Line 5 around the Bad River Reservation," she said.