A court hearing in Wisconsin Thursday could decide whether Enbridge’s “Line 5” can continue to haul oil.

However, the Canadian embassy in Washington wrote in a statement on behalf of the government that “the energy security of Canada and the United States would be directly affected by the closure of Line 5”.

“At a time when energy security and supply are of great importance, especially in the context of the energy transition, the maintenance and protection of the existing infrastructure must be a top priority,” the embassy wrote in a clear tone.

The Bad River First Nation’s Chippewas of Lake Superior say the spring floods have increased the risk of the pipe that runs through the reserve rupturing and they want a federal judge to order the closure.

The Embassy of Canada advises that such a closure “would put more than 33,000 jobs in the United States at risk and put $20 billion in economic activity at risk.”

Canada argues that Line 5 is an important power line across the US Midwest and an economic lifeline for Alberta, Saskatchewan, Ontario and Quebec.

The Chippewa community of Bad River is concerned that a rupture could pollute not only an important watershed in their area but also the waters of Lake Superior.

Canada has already invoked the 1977 transit pipeline treaty with the United States in courts in Wisconsin and Michigan. Michigan’s Attorney General is also in court to order the closure of the Enbridge Pipeline, which runs under the Strait of Mackinac between Lakes Michigan and Lake Huron.

Discussions on this contract have been going on for months; The last session took place in Washington last month.

At least a “rapid recovery”

“Canada has invoked the dispute settlement provisions of the treaty because actions to close Line 5 constitute a violation of Canada’s rights to uninterrupted transportation of hydrocarbons in transit under the treaty,” the embassy wrote on Tuesday.

“Should a shutdown be ordered as a result of this specific and temporary flooding, Canada expects the United States to honor its obligations under the 1977 Transit Pipeline Treaty, including immediately restoring normal pipeline operations. »

The spring floods eroded significant stretches of coastline where Line 5 crosses Wisconsin’s Bad River Reservation, a 120-kilometer, tortuous course through Indigenous territory that feeds Lake Superior and a complex network of ecologically sensitive wetlands.

The Indigenous community has been on trial with Enbridge since 2019 to force the pipeline owner-operator to reroute Line 5 to run it through their ancestral territory — something the Calgary-based company has already agreed to do.

But the flooding has turned a theoretical risk into a very real risk, the Bad River community argued in an emergency relief petition last week. She wants the pipeline shut down immediately to prevent an environmental disaster.

“There is little doubt that the small remaining shore area could be eroded and the pipeline dismantled and drilled in a short time,” argued the reservation’s attorneys. There is very little room for error. »

“Persistent Erosion”

Line 5 meets the river on indigenous territory, just past what the court called a “meander,” where the river bed meanders several times, separated from itself only by several feet of forest and the pipeline.

In four places the river was less than 4.6 meters from the pipeline – in one place it was only 3.4 meters. However, the erosion has continued at an “alarming” pace in recent days, according to the emergency call request.

“Significant erosion has occurred since the filing of this petition and the evidence strongly suggests that further edge loss could be significant and lead to exposure and rupture of the pipeline.”

Judge William Conley of the Wisconsin District Court will hear the injunction request Thursday. It’s unclear when he will decide whether to issue an injunction that would force Enbridge to shut down the pipeline and drain all of its contents.

Enbridge called the request “really outrageous” and unnecessary. “There are no pipeline safety issues and certainly no cause for concern. »