ELR Citation: 56 ELR 20020
No(s). l 9-cv-602-wmc (W.D. Wis. Feb 27, 2026) (Conley, J.)

A district court granted a pipeline company's motion to stay a permanent injunction issued by the court three years ago regarding the company's operation of a crude oil and natural gas pipeline that runs through the Bad River Reservation in northern Wisconsin. The injunction required the company to (1) implement a monitoring and shutdown plan; (2) disgorge profits for past trespass on the Bad River Band's property; (3) continue disgorging profits on a quarterly basis, so long as the pipeline operated on the Band's land; (4) cease operation of the pipeline on any parcel within tribal territory on which the company lacks a valid right-of-way; and (5) arrange prompt, reasonable remediation at those parcels. The company appealed and the Seventh Circuit heard oral argument but has not yet issued an opinion. The company moved to stay the portion requiring shutting down the pipeline by June 16, explaining that construction had been delayed due to litigation in administrative proceedings. The court concluded the balance of equities warranted a stay of the shutdown order at least until the Seventh Circuit weighs in. It stayed the order pending appeal, but declined the company's request that the stay continue through the Supreme Court certiorari process.