WASHINGTON-
For the second time in a year, the federal government is invoking a little-known 1977 energy treaty between Canada and the United States in an effort to prevent a federal court from shutting down Line 5.
This time it’s in Wisconsin, where Line 5 hugs the southwest shores of Lake Superior before crossing into neighboring Michigan, the state that wants the pipeline shut down over fears of an environmental disaster in the Great Britains. Lakes.
“The economic and energy disruption and damage to Canada and the United States from the closure of Line 5 would be widespread and significant,” Foreign Affairs Minister Mélanie Joly said in a statement.
That impact would include a spike in energy prices, including propane which is used to heat homes across much of the U.S. Midwest, as well as gasoline prices, which have hit new highs across the continent. for much of an inflation-ridden summer.
Joly also warned of the “domino effects” of closing Line 5 on Canadian oilfield jobs, as well as the additional economic impacts that would likely resonate in both countries.
“At a time when global inflation is preventing families from making ends meet, these are unacceptable results,” Joly said.
“The closure could have a major impact on a number of communities on both sides of the border who depend on the wellbeing of businesses throughout the supply chain.”
Legal disputes over Line 5 have been building in both states since at least 2019, but took on new urgency in the fall of 2020 when Michigan Governor Gretchen Whitmer tried to revoke the 1953 easement that allowed the pipeline to cross the Great Lakes.
She cited the risk of an anchor hitting or a technical failure triggering a spill in the Strait of Mackinac, the environmentally sensitive waterway that connects Lake Huron to Lake Michigan and separates the state’s upper and lower peninsulas.
The twin lines that run along the bottom of the strait are sound, Enbridge insists, but it still wants state and federal permits to install a new pipe that would be housed inside a protective underground tunnel.
Environmental concerns are also top of mind in Wisconsin, where the pipeline directly crosses the Bad River Reservation, more than 500 square kilometers of pristine wetlands, streams and wilderness that are home to the Bad River Band of Lake Superior Chippewa. .
The group has been in court with Enbridge for more than three years, arguing that the Calgary-based company is trespassing, having allegedly violated the terms of easements that allowed the pipeline to cross the reservation from 1953.
Enbridge, which claims a 1992 agreement with the Bad River Band allows the pipeline to continue operating until 2043, is trying to reroute the pipeline around the reservation.
“Canada strongly supports Enbridge’s proposal to move this segment of Line 5 out of and around the Bad River Band Reserve,” Joly said.
“In upcoming negotiations with the United States under the treaty, Canada is committed to working constructively to find a solution that meets community interests, respects Canada’s rights under the treaty and ensures the continuous and secure supply of energy to central Canada. “
The band filed a motion earlier this year for summary judgment against Enbridge — in other words, to close Line 5 without a trial. Enbridge filed its own motion in May. Since then, the case has been largely mired in procedural wrangling, with a trial date tentatively set for October 24.
All the while, business groups and chambers of commerce on both sides of the border, provincial governments and Ottawa have rallied behind Enbridge in its efforts to present the survival of Line 5 as a critical safety issue. continental energy.
The allies have argued, both in court and in public forums, that Line 5 is a vital source of energy – particularly propane – for several Midwestern states, and a critical source for Canadian refineries that power some of Canada’s busiest airports.
Just last week, the company won a key battle in the Michigan lawsuit, where a federal judge rejected Attorney General Dana Nessel’s efforts to send the case to circuit court, where she believed she had more best chance of success.
Enbridge is keen to resolve the Wisconsin dispute “amicably” as it seeks permits needed to reroute the pipeline, the company said Monday.
“We continue to be focused on providing consumers and industry in the region with safe and reliable power,” he said in a statement, noting that the Line 5 alternative would only worsen the global problem of climate change.
“Pipelines continue to be a safer and more reliable way to transport fuel than truck, rail or barge. These other modes consume much more fuel to move it, releasing more greenhouse gases into the environment and presenting increased safety risks.
This report from The Canadian Press was first published on August 29, 2022.