April 10 (Reuters) - The Biden administration has urged
a U.S. appeals court to tell a lower court to rethink its order
that would require Canadian operator Enbridge ( ENB ) to drain
portions of an oil pipeline that runs through Native American
tribal land in Wisconsin, according to a court filing made
public on Wednesday.
In an amicus, or friend-of-court, brief dated April 8, the
U.S. Department of Justice told the Chicago-based 7th U.S.
Circuit Court of Appeals that forcing Enbridge ( ENB ) to drain portions
of its Line 5 pipeline could interrupt service in violation of a
1977 treaty between the U.S. and Canada to keep oil flowing.
The U.S., which is not a party to the case, said the lower
court was right to find Enbridge ( ENB ) is trespassing on the tribal
land, but said the court should reconsider its decision ordering
Enbridge ( ENB ) to stop operating portions of the pipeline by 2026.
Canada, which is also not a party to the case, had
previously argued in an amicus brief that the pipeline should be
kept open due to the treaty.
The 2019 lawsuit was filed against Enbridge ( ENB ) by the Native
American tribe the Bad River Band of Lake Superior Chippewa.