Canada using 'dormant' treaty to sidestep Indigenous rights in U.S.: court documents

WASHINGTON — The federal government and Enbridge Inc. are trying to exploit a "dormant" and outdated treaty with the United States to forestall the shutdown of the Line 5 pipeline, human rights and environmental groups argue in new court documents.

"In light of the pipeline's manifold risks … Line 5's continued operation would contravene the United States' duties to protect the right to life of Indigenous communities," it reads. Nessel and the state have been trying to get the pipeline shut down since 2019, fearing an anchor strike or similar accident that could foul one of the most ecologically delicate regions in the northeastern U.S.In her brief, Nessel agrees that Enbridge's treaty argument doesn't hold water, simply because nothing in the treaty itself expressly prevents governments or the courts from upholding human rights.

Line 5, which has been operating along the same route since it was built in 1953, carries some 540,000 barrels of oil and natural gas liquids each day across Wisconsin and Michigan to refineries in Sarnia, Ont. "These extensive efforts have demonstrated to the state of Michigan's satisfaction that markets will ably adjust to a court-ordered shutdown of Line 5, and that Michigan is well-positioned to manage any impacts," she argues.

To that end, a separate filing by two U.S. experts on restitution law argues that District Court Judge William Conley erred when he calculated that agreement, which included a $5.1-million back payment.

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