Enbridge Line 5 – Page 2

Tribal and First Nations of the United States and Canada file Early Warning Measure and Urgent Action Procedure Request to CERD

August 30, 2023whitneygravelle

The undersigned Tribal and First Nations submitted a petition to the Committee on the Elimination of Racial Discrimination to urge the Committee to examine the Government of Canada’s compliance with its obligations under the Convention on the Elimination of All Forms of Racial Discrimination.

The Convention requires Canada to prevent and rectify discriminatory practices direct and indirect – committed by Canadian corporations at home and abroad.

cerd-early-warning-and-action-request_canada_line-5 Download

Previous UPR Filing – Line 5

Representatives of fifty-one Tribal and First Nations located in what is now the United States and Canada submitted a report to the United Nations Human Rights Council calling on the Government of Canada to stop violating the human rights of Indigenous peoples through its support for Enbridge’s Line 5 crude oil pipeline. The groups submitted the report for consideration under Canada’s upcoming Universal Periodic Review (UPR). As a U.N. member state, Canada’s human rights record is periodically scrutinized by U.N. member States through the UPR at the Human Rights Council. Canada will be reviewed during the 44th session of the UPR Working Group, which will take place from November 6 through 17 this year, and it will be Canada’s fourth review.

2023_canada-upr_final-april-5 Download

Line 5 Recommendations from the Special Rapporteur on the rights of Indigenous Peoples, José Francisco Calí Tzay regarding the situation of Indigenous Peoples in Canada

August 30, 2023August 30, 2023whitneygravelle

Here are the excerpts from the report for Line 5:

71. For example, Canada continues to support the operation of the Line 5 pipeline, despite the opposition of directly affected Indigenous Peoples in Canada and the United States of America. The transportation of crude oil and liquid natural gas by Canadian-owned Enbridge is creating the risk of a catastrophic oil spill that could contaminate the lands and waters of Indigenous Peoples on both sides of the border. Canada is advocating for the pipeline to continue operations, following the decision of a Parliamentary Committee that did not hear testimony from the affected Indigenous Peoples. The Government invoked the 1977 transit pipeline treaty with the United States to prolong Line 5 operations, which is inconsistent with its international commitment to prevent and mitigate the effects of climate change by phasing out fossil fuels.

Impact of business activities and climate change on Indigenous Peoples:

96. Canada should: (i) Suspend large-scale mining and other business activities in the Ring of Fire region and cease construction or operation of the Coastal GasLink, Trans Mountain and Line 5 pipelines, until the free, prior and informed consent of the Indigenous Peoples affected is secured.

report-of-the-special-rapporteur-on-the-rights-of-indigenous-peoples-jose-francisco-cali-tzay Download

FLOW Webinar on Enbridge Trespasses

July 25, 2023Matthew L.M. Fletcher

Wisconsin Federal Court Again Declines to Shut Down Line 5 on Bad River Reservation

June 19, 2023Matthew L.M. Fletcher

Here is the order in Bad River Band of Lake Superior Tribe of Chippewa Indians v. Enbridge Energy Co. Inc. (W.D. Wis.):

684 DCT Order.pdf Download

Briefs here.

Bad River Ojibwe Moves to Shut Down Line 5 after Spring Flooding Exposes Line 5 Pipeline

May 18, 2023Matthew L.M. Fletcher

Here are new materials in Bad River Band of Lake Superior Tribe of Chippewa Indians v. Enbridge Energy Co. Inc. (W.D. Wis.):

629 Bad River Motion.pdf Download

655 Enbridge Brief.pdf Download

657 Propane Companies Amicus Brief.pdf Download

659 Energy Companies Amicus Brief.pdf Download

665 Michigan Amicus Brief.pdf Download

Tribe and State Offer Additional Evidence in Line 5 Matter before Michigan Public Service Commission

February 8, 2023Matthew L.M. Fletcher

Here are the new materials:

Bay Mills Experts.pdf Download

MPSC Testimony.pdf Download

Wisconsin Federal Court Issues Post-Trial Opinion in Bad River Line 5 Suit

November 28, 2022Matthew L.M. Fletcher

Here is today’s opinion in Bad River Band of Lake Superior Tribe of Chippewa Indians v. Enbridge Energy Co. Inc. (W.D. Wis.):

Opinion and Order.pdf Download

Prior post here.

Bad River Wins Trespass Claim against Enbridge

September 7, 2022September 8, 2022Matthew L.M. Fletcher

Here is the order in Bad River Band of Lake Superior Tribe of Chippewa Indians v. Enbridge ~~Evil~~ Energy Co. Inc. (W.D. Wis.):

Order and Opinion.pdf Download

~~Will post briefs tomorrow.~~ Some of them are already here.

*Not exactly Lake Superior but close enough.*

207 Enbridge Opposition

231 Enbridge Memorandum in Support of 230

256 Bad River Reply

286 Bad River Opposition

295 Great Lakes Business Network Amicus Brief

323 Enbridge Reply

FLOW Livestream Event on Line 5 at 11AM Today

July 28, 2022Matthew L.M. Fletcher

Here:

Hear about recent developments in the widespread effort to shut down Enbridge’s Line 5 in the Straits of Mackinac and stop the proposed oil tunnel. Presenters will answer questions from attendees.

Panelists

Liz Kirkwood, FLOW Executive Director – Host
Whitney Gravelle, President, Bay Mills Indian Community
Zach Welcker, FLOW Legal Director
Sean McBrearty, Campaign Coordinator, Oil & Water Don’t Mix.

This event is occurring just after the 12th anniversary of the Enbridge Line 6B Kalamazoo River oil spill disaster. At the Straits of Mackinac, Enbridge Line 5 poses a dire threat in what University of Michigan scientists called “the worst possible place for an oil spill in the Great Lakes.”