The Enbridge oil refinery in Edmonton, Alberta, Canada, on Wednesday, April 5, 2023. (Jason Franson/Bloomberg via Getty Images)
The Justice Department added that the district court did not properly consider "the potential removal or rerouting of an active international pipeline that falls under a treaty between the United States and Canada regarding transit pipelines."
Under the Pipeline Safety Act, "Congress directed the Department of Transportation to adopt and enforce nationwide safety standards for pipeline transportation and facilities, including standards to prevent and mitigate potential environmental damage pipeline operators may cause," the brief says. The DOJ argues the appeals court should reevaluate Judge William Conley's decision to close the pipeline by 2026.
The Enbridge Terminal and Pipelines next to the Suncor Energy Refinery, on August 23, 2023, in Sherwood Park, Strathcona County, Alberta, Canada. (Artur Widak/NurPhoto via Getty Images)
"We are grateful the US urged the court not to let Enbridge profit from its unlawful trespass. But we are disappointed that the US has not unequivocally called for an immediate end to Enbridge’s ongoing trespass, as justice and the law demand," Bad River Band Chair Robert Blanchard said in a statement. "Enbridge should be required to promptly leave our Reservation, just like other companies that have trespassed on tribal land. We are hopeful that the appeals court will put an end to Enbridge’s shameful decade of trespass and not condone its exploitation of our land and sovereign rights."
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"Shutting down Line 5 before relocating the pipeline outside the Reservation would violate the 1977 Transit Pipeline Treaty between the U.S. and Canada. The Government of Canada has made its position clear," a spokesperson for Enbridge told The Hill. "Such a shutdown is not in the public interest as it would negatively impact businesses, communities and millions of individuals who depend on Line 5 for energy in both the U.S. and Canada."
Danielle Wallace is a reporter for Fox News Digital covering politics, crime, police and more. Story tips can be sent to danielle.wallace@fox.com and on Twitter: @danimwallace.
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https://www.foxnews.com/politics/biden-doj-sides-native-american-tribe-court-filing-ripping-canadian-pipeline-trespassing