Forcing a shutdown would violate Canada’s treaty rights, government lawyers argue in an amicus brief filed today with the U.S. Seventh Circuit Court of Appeals.
A Wisconsin court ruling in June gave Calgary-based Enbridge Inc. an ultimatum: reroute the pipeline around an Indigenous reserve within three years or shut it down.
Enbridge plans a 66-kilometre detour to replace the 19-kilometre stretch that runs through the sovereign territory of the Bad River Band of the Lake Superior Chippewa.
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Both sides are appealing the decision — Enbridge wants more time to finish the reroute, while lawyers for the band want the taps turned off for good.
The band and its environmental allies fear a spill inside an ecologically sensitive and flood-prone Lake Superior watershed on the Bad River reserve.
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