Spring flooding has washed away significant portions of the riverbank where Line 5 intersects Wisconsin’s Bad River
, a meandering, 120-kilometre course through Indigenous territory that feeds Lake Superior and a complex network of ecologically delicate wetlands.
In one case, so-called “monuments” installed to measure the losses show that where there was more than 10 metres of riverbank in early April before the flooding began, only 3.7 metres remained as of last Tuesday. A response from the company is due by Tuesday – but a strongly worded statement Tuesday that described the motion as “truly outrageous” and “unnecessary” left little doubt about its position.“To be clear, the band’s leadership seems determined to shut down this piece of critical North American energy infrastructure regardless of who will be impacted by their actions.”
Asked whether the company was putting contingency plans in place, “there are no existing alternatives” to Line 5, said spokesperson Juli Kellner. It’s important to remember that neither side in the dispute wants to see the pipeline ruptured, said James Coleman, a specialist in energy law at Southern Methodist University’s Dedman School of Law in Dallas.
The question now, Coleman said, is whether he is convinced that the erosion has changed the facts on the ground and does indeed pose an imminent threat to the Bad River watershed and to Lake Superior itself.
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