ELR Citation: 52 ELR 20133
No(s). 19-cv-602-wmc (W.D. Wis. Nov 28, 2022) (Conley, J.)

A district court ordered a pipeline company and Native American tribe to submit a joint proposal on how to prevent a "catastrophic rupture" of a crude oil and natural gas pipeline running through the tribe's reservation in northern Wisconsin. The tribe initially brought public nuisance and trespass claims against the company, seeking to enjoin the pipeline's continued operation. At summary judgment, the court concluded the company had trespassed by operating the pipeline on expired rights-of-way, but denied either party summary judgment on the public nuisance claim. Following a bench trial, the court found the tribe failed to show that a public nuisance was imminent because the risk of catastrophic failure was at least one year away, but remained concerned that the company's current shutoff and purge plan was not sufficiently conservative given the catastrophic damage a rupture might cause. The company counterclaimed that the tribe had unreasonably denied it access to the pipeline to conduct operations, inspections, and maintenance, but the court found the company failed to establish it was entitled to relief under the CWA, the Transit Pipelines Treaty, or the All Writs Act. It denied relief on the company's counterclaims, and directed the parties to submit a joint proposal regarding an appropriate shutoff and purge plan.