Michigan AG Filed Amicus Brief Supporting Bad River Tribe’s Appeal of Ruling in Enbridge Line 5 Pipeline Case

OCTOBER 18, 2023

Michigan Attorney General Dana Nessel filed an amicus brief supporting the Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation in their lawsuit against Enbridge to shut down the Line 5 pipeline. The pipeline trespasses on the Bad River Reservation and is at risk of rupturing due to rising water levels and increasing bank erosion of the Bad River. Earlier in 2023, the U.S. District Court for the Western District of Wisconsin ruled on the Band’s initial motion to shut down the pipeline (which AG Nessel also filed an amicus brief in support of), and ordered Enbridge to shut down or reroute the pipeline within three years. The Band appealed this decision to the U.S. Court of Appeals for the 7th Circuit, arguing that the order “does not do enough to protect against the threat of an oil spill.” AG Nessel’s amicus brief supports that appeal. Enbridge also appealed the decision.