The Seventh Circuit Court of Appeals issued a ruling on July 30, 2026, in the case of Bad River Band of Lake Superior Tribe of Chippewa v. Naomi Tillison (Docket No. 23-2467). The court's decision affects the ongoing dispute between the Bad River Band and Enbridge Energy Company regarding the operation of the Line 5 pipeline across tribal lands in northern Wisconsin.
This case is significant as it touches on issues of tribal sovereignty, environmental safety, and the rights of Indigenous peoples over their lands. The ruling highlights the complexities surrounding land use and the legal rights of Native American tribes in the face of commercial interests.
Background
The Bad River Band of the Lake Superior Tribe of Chippewa Indians is a federally recognized tribe with a reservation in northern Wisconsin. The tribe has a long-standing interest in protecting its lands and resources. Enbridge Energy Company, Inc. operates Line 5, a pipeline that transports oil and natural gas liquids between the United States and Canada. A portion of this pipeline runs under 12 miles of land within the Bad River Reservation.
The dispute began when Enbridge's rights-of-way over certain parcels of the Reservation land expired in 2013. Despite this expiration, Enbridge continued to operate the pipeline without obtaining the necessary permissions from the Bad River Band. In 2019, the Band filed a lawsuit against Enbridge in federal court, claiming trespass and nuisance due to the potential risks posed by the pipeline, especially in areas where the land was eroding.
The district court ruled in favor of the Bad River Band, awarding them over $5 million in restitution for past trespass and ordering Enbridge to remove the pipeline from the affected parcels by June 2026. Both parties appealed the district court's decision, leading to the current ruling from the Seventh Circuit.
The Ruling
The Seventh Circuit, led by Judge Scudder, affirmed the district court's finding that Enbridge was trespassing on the Bad River Band's land. The court stated, "We agree that Enbridge is trespassing." However, the court sent the case back to the district court to reconsider the remedies imposed for this violation.
Additionally, the court concluded that federal statutory law had displaced the Band's nuisance claim, meaning that the Band could not pursue that particular legal avenue against Enbridge. The ruling emphasized the importance of federal law in regulating rights-of-way over tribal lands and indicated that the Band's claims needed to align with these legal frameworks.
Impact
This ruling has significant implications for the Bad River Band and other Indigenous tribes across the United States. It reinforces the idea that tribes have the right to protect their lands from unauthorized use, particularly when it comes to environmental safety and the potential for ecological harm. The decision also underscores the complexities of navigating federal laws that govern tribal lands and the rights of Indigenous peoples.
Going forward, the ruling may set a precedent for how similar cases are handled, particularly those involving disputes over land use and the rights of Native American tribes. It highlights the need for clear agreements and consent when it comes to operating on tribal lands, as well as the importance of respecting tribal sovereignty.
What's Next
The case has been remanded to the district court for further proceedings regarding the appropriate remedies for the trespass. It remains to be seen whether Enbridge will appeal the ruling further or if there are related cases pending that could influence the outcome of this dispute.