A compromise between
But on balance, Conley suggested, it would be better than the options before the court now: permanently severing a vital conduit between the two countries or courting an environmental disaster that may only be a matter of time.
The potential options the band has currently put before the court, if granted, would effectively amount to an "automatic, permanent shutdown" of the pipeline, the judge said.
"Before adopting such draconian injunctive remedies, therefore, the court must consider what alternative steps, however imperfect ... would reduce the risk of an oil spill in the near term," he wrote.
If at all possible, Conley continued, those steps should also preserve the operation of Line 5 "for those areas of
Conley ruled in September that the Bad River band was within its rights to revoke permission for the pipeline to cross its territory back in 2013, and that
In that ruling, he refused to order the pipeline shut down immediately, citing "widespread economic consequences" and "significant public and foreign policy implications."
But Monday's order — which requires the two sides to meet by
Conley acknowledged in the order that the band's own natural resources officials have already considered other options and given their reasons for refusing to agree to them.
But the band "appears to have failed to weigh the flaws in those alternatives against the risk of a possible pipeline failure" in the event the pipeline is allowed to keep operating, even temporarily, he said.
None of
Conley also rejected outright the company's counterclaims, which allege that the band has refused to allow them access to the territory in order to conduct inspections and maintenance on the pipeline.
"The court is not convinced by any of
Those included a request for an injunction under a 1977 pipeline treaty that's expressly intended to prevent the interruption of the flow of energy between
Foreign Affairs Minister
But
Central to the band's case is the area where the pipeline crosses a "meander" in the Bad River — where heavy erosion and the risk of a flood make it the most likely location of a potential break in the line.
"The negative impact in this area on the Bad River watershed and even
That said, he continued, "the band has yet to prove its right to an immediate entry of injunctive relief."
That hasn't satisfied the Bad River band, however, which still wants the pipeline shut down in the interim.
In a statement,
That could include "reasonable remediation projects, the installation of emergency valves on the reservation, as well as an appropriate plan for shutting down and purging Line 5 if the meander worsens," the company said.
"We look forward to meeting with the Bad River band to discuss these issues. In the meantime, Line 5 will continue to safely operate."
Environmental concerns about Line 5 have long been top of mind in
The band has been in court with
The company says its plans for a 66-kilometre detour of Line 5 around the reservation are already two years along, with 100 per cent of private landowners along the new route having already signed agreements.
Line 5 is also under legal siege in neighbouring
Business groups and chambers of commerce on both sides of the border, provincial governments and
Allies have argued in court filings as well as public forums that Line 5 is a vital source of energy for several Midwestern states, and an essential link for Canadian refineries that fuel some of
This report by The Canadian Press was first published
© 2022 The Canadian Press. All rights reserved., source