The Seventh Circuit Court of Appeals has ruled in favor of the Bad River Band of the Lake Superior Tribe of Chippewa Indians in a significant legal battle against Enbridge Energy Company, Inc. The case, Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation v. Enbridge Energy Company, Inc., centers on the operation of Line 5, a pipeline carrying oil and natural gas liquids that runs through tribal land in Wisconsin. The court's decision, issued on July 30, 2026, affects the rights of the Bad River Band and may set important precedents regarding tribal sovereignty and environmental safety.
The dispute began when Enbridge continued to operate its pipeline on land owned by the Bad River Band after its easement expired in 2013. The Band filed a lawsuit in 2019, claiming trespass and nuisance due to the risk of pipeline ruptures in an area where the land was rapidly eroding. The district court ruled in favor of the Band, awarding them over $5 million in restitution and ordering Enbridge to remove the pipeline from the affected parcels by June 2026. Both parties appealed the ruling.
The Bad River Band of the Lake Superior Tribe of Chippewa Indians, a federally recognized tribe, has a long history tied to the land in question. The tribe's reservation, established by treaty in 1854, spans approximately 125,000 acres in northern Wisconsin. Enbridge Energy Company operates Line 5, which transports crude oil and natural gas liquids from Wisconsin to Canada. The pipeline's route crosses both tribal and individually owned parcels of land, complicating the legal landscape surrounding its operation.
Initially, Enbridge secured a 20-year easement for the pipeline in the 1990s, but as the easement expired in 2013, the company failed to renew it for the parcels now owned by the Bad River Band. The Band's ownership interests had increased due to a federal program aimed at consolidating tribal lands. After unsuccessful negotiations for a new easement, the Band took legal action against Enbridge, leading to the current court proceedings.
In its ruling, the Seventh Circuit Court confirmed the district court's finding that Enbridge was trespassing on the Allotted Parcels of land owned by the Band. The court stated, "In the final analysis, we agree that Enbridge is trespassing." However, the court also remanded the case to the district court to reconsider the remedies imposed, particularly the timeline for removing the pipeline. The ruling emphasized that federal statutory law has displaced the Band's nuisance claim.
The court's decision has far-reaching implications for the Bad River Band and other tribes across the United States. It underscores the importance of tribal sovereignty and the legal recognition of tribal land rights. The ruling may also influence future negotiations between tribes and corporations regarding land use and environmental protection.
Going forward, the ruling means that Enbridge must take immediate action to comply with the court's orders regarding the pipeline. The company has until June 2026 to remove Line 5 from the affected parcels, a timeline that may impact its operations and business plans. The case also highlights the ongoing tension between tribal rights and corporate interests, particularly in relation to natural resource extraction and environmental safety.
As for the possibility of an appeal, Enbridge may seek further review of the court's decision. However, the specifics of any potential appeal were not detailed in the court's ruling. The case remains closely watched due to its implications for tribal rights and the environment.