I’m on vacation this week, enjoying the Lake Michigan paradise so many of us are working to protect. For that reason, I don’t have time to provide any real analysis here. But I do want to note that major news has come from federal court in Wisconsin: a judge has rule that Enbridge has indeed been trespassing on land of the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
This is a very important decision, not least for its recognition of tribal sovereignty. The judge did not go so far as to order the immediate shut down of the line (as, in my opinion, he should have). But he did grant the Band’s claims of unjust enrichment– meaning Enbridge will have to pay for their trespass.
This is big, big news and, I think, of no small significance to the State of Michigan’s case against Enbridge and Line 5. I’ll try to expand on that next week if time allows. But the important thing is that this ruling, finally, shows proper respect to the authority and sovereignty of the Bad River Band.
News here. And here is the full text of the ruling.
Enbridge trespassed on our property and illegally cut down a lot of our trees including some huge old oak trees. They gave a very low ball estimate for the damage they had done. Fortunately I found a law stating that illegal harvesting of trees required compensation of 3x their timber value. We got a paltry sun for the loss of trees that will not grow back in my lifetime. Enbridge got less than a slap on the wrist. Unfortunately the Bad River Band will likely get next to nothing while enbridge bullies other people shoving easements down their throats. Enbridge always wins in the end. But thank you for trying to force some sort of sanity.