Oil & Gas Litigation Analysis
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Pipeline & Easement

Bad River Band of the Lake Superior Tribe of Chippewa Indians v. Enbridge Energy

U.S. District Court, Western District of Wisconsin 3:19-cv-00602 on appeal

District court stayed its June 16, 2026 shutdown injunction requiring Enbridge to cease operations on Line 5's 2.33-mile segment crossing Bad River Reservation despite finding the pipeline operator lacks valid easement and committed ongoing trespass on tribal lands. The stay pending Seventh Circuit appeal balances tribal sovereignty against international treaty obligations under the 1977 Transit Pipelines Treaty, with the court acknowledging no legal authority supports indefinite trespass but citing 'devastating impact' on energy trade.

Analysis