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

Enbridge Energy Co. (Enbridge) (defendant) operated a pipeline network that transported crude oil and natural-gas liquids from Western Canada to refineries in Eastern Canada and the United States. A portion of line 5 in the pipeline network ran across the Bad River Reservation, which was the home of the Bad River Band of Lake Superior Chippewa Indians (Band) (plaintiff). As line 5 reached over 70 years in operation, the Band became increasingly concerned that its degraded condition would result in a rupture that would cause catastrophic environmental degradation by contaminating the Bad River watershed and Lake Superior. Additionally, Enbrige’s 20-year rights-of-way under 12 land parcels owned by the Band had expired in 2013, but Enbridge had continued operating the line across those land parcels. The Band sued Enbridge in federal district court, asserting claims for public nuisance and trespass. The public-nuisance claim sought an injunction preventing continued operation of line 5 across the Band’s land on the basis that the risk of the line’s failure constituted a public nuisance. The Band presented evidence that there was particular concern of a rupture where the pipeline ran under a meander of the Bad River. Environmental factors, including recent flooding and the resulting erosion, heightened the risk of a rupture. In response to the nuisance claim, Enbridge argued that there was no evidence that a rupture was imminent, negating a public-nuisance finding. Enbridge also touted the negative impacts of effectively closing line 5, claiming that it would have significant economic impacts for consumers who relied on the 23 million gallons of oil and natural-gas liquids that were transported through the line daily. The district court considered the parties’ arguments.