US Appeals Court Rules Enbridge Pipeline Trespassed on Wisconsin Tribal Land, Orders Rerouting

Jul 30, 2026

On July 30, 2026, the 7th U.S. Circuit Court of Appeals ruled that Enbridge trespassed on the Bad River Band's Wisconsin land with its Line 5 pipeline. While ordering Enbridge to reroute the pipeline, the court extended the timeline to avoid international fallout and treaty violations. It also ordered a recalculation of the $5.15 million in damages, finding the previous calculation double-counted Enbridge's profits and deferred expenses.

Line 5 pipeline trespass ruling

▪The Bad River Band of the Lake Superior Tribe of Chippewa Indians sued Enbridge in 2019 after out-of-court negotiations regarding the pipeline failed.
▪On July 30, 2026, the 7th U.S. Circuit Court of Appeals in Chicago ruled that Enbridge is liable for trespass for running its Line 5 pipeline under Bad River Band tribal land.

Pipeline rerouting grace period

▪Circuit Judge Michael Scudder urged the district judge to adopt measures ensuring Enbridge reroutes the Line 5 pipeline as soon as possible.
▪On July 30, 2026, the 7th U.S. Circuit Court of Appeals gave Enbridge a grace period to reroute the Line 5 pipeline, finding the previous three-year timetable too aggressive.

Damages calculation recalculation

▪Circuit Judge Michael Scudder ruled that U.S. District Judge William Conley abused his discretion by double-counting Enbridge's profits and deferred expenses.
▪On July 30, 2026, the 7th U.S. Circuit Court of Appeals ordered a recalculation of the $5.15 million in restitution previously awarded to the Bad River Band of the Lake Superior Tribe of Chippewa Indians.

Tribal land rights-of-way expiration

▪Enbridge's rights-of-way over certain tribal land parcels belonging to the Bad River Band of the Lake Superior Tribe of Chippewa Indians expired in 2013.
▪Enbridge's easement for the Line 5 pipeline over some tribal land parcels runs through the year 2043.

U.S.-Canada treaty concerns

▪The Line 5 pipeline carries up to 540,000 barrels of oil per day from Canada through the Great Lakes region.
▪The 7th U.S. Circuit Court of Appeals noted that an immediate shutdown of the Line 5 pipeline risked violating a 1977 U.S.-Canadian treaty governing transit pipelines.