What did the 7th U.S. Circuit Court of Appeals decide regarding Enbridge’s Line 5 pipeline on Bad River Band tribal land?

The 7th U.S. Circuit Court of Appeals found Enbridge liable for trespass for operating the Line 5 pipeline under the Bad River Band’s reservation land, affirmed that the pipeline must be removed, but vacated the original three-year removal deadline as too aggressive; it directed the district court to grant Enbridge additional time to reroute the pipeline while emphasizing that the delay 'does not reflect our approval of the company’s behavior,' and ordered a recalculation of damages due to the district judge’s 'double-counting' of Enbridge’s profits and deferred rerouting expenses.

Why did the appeals court reject the tribe’s nuisance claim and modify the damages award?

The appeals court rejected the tribe’s nuisance claim because federal law preempted it, and it modified the damages award because the district judge had abused his discretion by 'double-counting'—specifically, including both Enbridge’s profits attributable to the trespass and the economic benefit from delaying the reroute—so the court ordered a recalculation that accounts for the ongoing nature of the trespass, applicable interest, and the conduct of both parties regarding rerouting.

Enbridge Pipeline Trespassed on Wisconsin Tribal Land, Must Be Moved, US Appeals Court Finds

Jul 30, 2026

A U.S. appeals court ruled Enbridge must move its Line 5 pipeline after trespassing on Wisconsin tribal land. While extending the deadline, the court ordered a damage recalculation and stressed removal is necessary despite broader public context concerns.

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