CHICAGO — The amicus brief filed by the Department of Justice in the 7th Circuit Court of Appeals fails to uphold Indigenous rights and undermines President Biden's commitment to safeguarding the environment. 

"The Department of Justice did not fully advocate for Tribal sovereignty nor environmental protection, and we are deeply concerned by the potential ramifications of the Administration's brief," said Mustafa Santiago Ali, executive vice president of the National Wildlife Federation. "The federal government’s position may be accurate on the issue of trespass, but it is not in line with the Administration’s commitments to Tribal sovereignty and environmental justice, and we are disappointed that this decision promotes the corporate well-being of a fossil fuel company over the people and wildlife of the Great Lakes. We continue to support the Bad River Band as they fight to remove Enbridge's ticking time bomb from their land."

For the first time, the Department of Justice has weighed in on the ongoing legal dispute involving the Bad River Band of Wisconsin and Enbridge Energy, a Canadian oil corporation. For over a decade, Enbridge has encroached upon the land of the Bad River Band, operating a pipeline in violation of the Band's legal rights. Enbridge has invoked an outdated and obscure treaty in order to maintain its operations as it continues to trespass, despite the Band's rightful assertion to remove the pipeline.

Line 5 is a 645-mile pipeline operated by Canadian oil giant Enbridge. It transports up to 23 million gallons of crude oil and natural gas liquids daily from western to eastern Canada. Although 90 percent of the oil is delivered to users in Canada, the pipeline cuts across Wisconsin and Michigan, crossing hundreds of interconnected waters and traversing the treaty-reserved territory of tribal nations including the Bay Mills Indian Community and the Bad River Band of Lake Superior Chippewa. Line 5 directly endangers the Great Lakes, which hold 84 percent of North America’s surface freshwater and provide drinking water for up to 40 million people.

The full brief can be found in full here.

For more information on Line 5: 

• National Wildlife Federation's Line 5 Web Page

• NWF Video: Sunken Hazard

• Likely Market Responses to a Line 5 Shutdown, 2023 Independent Report