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WASHINGTON — A Wisconsin judge ordered a Canadian energy giant and a U.S. Indigenous band to water down their wine Monday and come together to avert the"draconian" shutdown of the cross-border Line 5 pipeline.
"Before adopting such draconian injunctive remedies, therefore, the court must consider what alternative steps, however imperfect ... would reduce the risk of an oil spill in the near term," he wrote. But Monday's order — which requires the two sides to meet by Dec. 17 in an effort to broker a solution — also makes clear that the court"will continue to consider the band's request for injunctive relief."
Conley also rejected outright the company's counterclaims, which allege that the band has refused to allow them access to the territory in order to conduct inspections and maintenance on the pipeline.Those included a request for an injunction under a 1977 pipeline treaty that's expressly intended to prevent the interruption of the flow of energy between Canada and the U.S.
"The negative impact in this area on the Bad River watershed and even Lake Superior itself could be catastrophic," Conley wrote, adding that a rupture"would be a substantial and unreasonable interference with the band's and the public's rights." In a statement, Enbridge acknowledged the latest order and said it was willing to work towards a viable solution.
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