Enbridge clings to Line 5

Line 5 in Wisconsin is in it's latest legal battle with the Bad River Band. Now Enbridge is attempting to appeal a shut down order using a pipeline treaty from 1977.

Those who have been following my account for a while will remember Enbridge. They are the same Canadian oil company that is behind the Line 3 pipeline in Minnesota. In Wisconsin, the Bad River Band is fighting Enbridge’s Line 5. Last summer, a judge ruled the pipeline segment was trespassing on the reservation and ordered it to be shut down within three years. Enbridge is predictably attempting to overturn the decision. But in what experts are calling a “Hail Mary” legal tactic, the lawyers for Enbridge are now citing a pipeline treaty from 1977 that Enbridge also cited in 2021 in their legal fight over the same Line 5 pipeline.

Enbridge Wants Line 5 Shutdown Order Overturned on Tribal Land in Northern Wisconsin

By Phil McKenna, Noel Lyn Smith

Citing a legal argument rarely used in pipeline disputes, Enbridge argued that a 1977 treaty between the United States and Canada prohibited any disruption in the flow of oil between the two countries. Some legal scholars say century-old treaties between the Bad River Band of the Lake Superior Tribe of Chippewa Indians and the U.S. government should supersede the 1977 pipeline treaty and that Enbridge lacks the legal standing to bring a nation-to-nation treaty before the court.  

In its appeal, the company cited the U.S.-Canada Pipeline Transit Treaty of 1977, which ensures the uninterrupted transmission of hydrocarbons by pipeline between the two countries. The treaty was signed following the 1973 Arab Oil embargo and was designed to safeguard the flow of oil between the U.S. and Canada.  

The agreement hadn’t played a role in past pipeline battles until recently. In 2021, Canada invoked the treaty on behalf of Enbridge in its legal battle with the state of Michigan over the same Line 5 pipeline. Line 5 crosses beneath the Straits of Mackinac, a narrow passage of the Great Lakes between Lake Michigan and Lake Huron.

Michigan is suing Enbridge over Line 5, arguing that the exposed section of pipe at the bottom of the Straits is at risk of rupturing.

Invoking the treaty in both the Michigan and Bad River cases may elevate any decision on Line 5 to negotiations between the two countries at a nation-to-nation level and may include confidential arbitration hearings.

Bad River Documentary

I was invited to preview the ‘Bad River’ which is coming to select theaters on March 15th. The film is a masterpiece. Bad River tells the story of generational battles against colonization, residential schools, and resisting extractive industry.

This is a film that deserves all of the hype we can give it. More information about the movie and where to find the select showings here:

Here is my initial reaction to Bad River:

@showme_yourmaskBad River documentary comes to select theaters March 15th directed by Mary Mazzio, narrated by @quannah.rose and Edward Norton Tickets are in my bio!! Trailer: @quannah.rose Bad River chronicles the Wisconsin-based Bad River Band and its ongoing fight for sovereignty, a story which unfolds in a groundbreaking way through a series of shocking revelations, devastating losses, and a powerful legacy of defiance and resilience. This inspiring project brings us through an epic sweep of history into the present, with a David vs. Goliath battle to save Lake Superior, the largest freshwater resource in America. As Eldred Corbine, a Bad River Tribal Elder declares: “We gotta protect it... die for it, if we have to.” The film is also executive produced by Mato Wayuhi (Reservation Dogs), Taylor Hensel (Reservation Dogs, Reciprocity Project), Victor Lopez-Carmen (former co-chair of the UN’s Indigenous Youth Caucus), Tracy Rector (Nia Tero), and Alec Sokolow (Toy Story). #fyp #movie #viral #badriver #greenscreen

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I am so excited for folks to support and see this! Thank you to everyone who has bought tickets!

My Trip to Oregon…

My train tickets and hotel is booked and I will be leaving in less than two weeks. I still have very few details about what I will be doing but I have been preparing my regalia for travel, and it’s important for me to make sure my head is in a good place for this. Thank you to everyone who continues to support and make travel like this possible.

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