Seventh Circuit orders Enbridge to reroute Line 5 but blocks full shutdown

In a 52-page opinion, a Seventh Circuit panel held that Enbridge Energy’s Line 5 pipeline, which traverses 12 miles of the Bad River Reservation, must be removed from tribal parcels and rerouted promptly to protect the Band’s interests. The court stopped short of enforcing the district judge’s order that would have forced a complete shutdown after a three-year period, deeming the deadline unreasonable and an abuse of discretion.

Judge Michael Scudder, writing for the panel, emphasized the potential international repercussions of a shutdown and called for the district court to add oversight mechanisms, such as reporting duties or financial penalties, to ensure compliance. The panel also instructed the lower court to choose a single basis for calculating damages, rejecting a double-counting approach. Amicus briefs from the United States and Canada backed the reroute plan while opposing the shutdown order. The ruling maintains pipeline operation while mandating its eventual removal from tribal land.