Energy
Enbridge punches back on Line 5 challenge: ‘Nothing but counter-factual speculation’
This photo taken in October 2016 shows an aboveground section of Enbridge’s Line 5 at the Mackinaw City, Mich., pump station. The Bad River Band of the Lake Superior Chippewa wants a federal judge in Wisconsin to order the pipeline closed, fearing a rupture on its territory due to spring flooding. THE CANADIAN PRESS/AP-John Flesher
By James McCarten in Washington
Michigan joined the Line 5 legal fray unfolding just across state lines Wednesday as lawyers for Enbridge Inc. and an Indigenous band prepared to square off over whether the controversial cross-border pipeline should be shut down.
The stage is set for oral arguments Thursday in the Wisconsin capital of Madison as a federal judge contemplates whether to order the taps turned off and the pipeline’s contents purged to forestall a watershed-fouling rupture.
That hearing will now also include lawyers fighting a similar legal battle with Enbridge in Michigan, where Attorney General Dana Nessel has so far been thwarted in her three-year campaign to seal off Line 5 for good.
The Bad River Band of the Lake Superior Chippewa, through whose northern Wisconsin territory the line runs, has filed a motion arguing that spring flooding along the riverbanks has rendered the risk of a breach too great to ignore.
Nonsense, Enbridge argues back in an opposition brief that takes direct aim at the band’s claims of a looming environmental emergency, as well as the “drastic remedy” its lawyers are requesting.
“Despite having to prove both liability and grounds for an injunction, the band has done neither. The motion must therefore be denied,” the brief reads, describing their argument as “alarmist” and “counterfactual speculation.”
“No release of oil is ‘ready to take place,’ ‘happening soon,’ or ‘real and immediate.'”
The 50-page filing includes among its exhibits an email exchange between Enbridge and the band’s natural resources officials to support its argument that the band has been unwilling to allow the company to do any remedial work.
“This court should contrast the evidence before it of Enbridge’s persistent efforts and overtures to reach a solution … with the band’s refusal to meaningfully engage or act.”
Even if the risk was high, shutting down the pipeline would not be the appropriate remedy, Enbridge says, pointing to a court-ordered contingency plan that spells out the steps it would take if the threat were indeed urgent.
“Enbridge will pre-emptively purge and shut down the line well in advance of any potential rupture,” the brief says, adding that the area remains under constant 24-hour video surveillance.
“Any flooding and erosion has not, and would not, catch Enbridge by surprise.”
Heavy flooding that began in early April washed away significant portions of the riverbank where Line 5 intersects the Bad River, a meandering, 120-kilometre course that feeds Lake Superior and a complex network of ecologically delicate wetlands.
The band has been in court with Enbridge since 2019 in an effort to compel the pipeline’s owner and operator to reroute Line 5 around its traditional territory — something the company has already agreed to do.
But the flooding has turned a theoretical risk into a very real one, the band argues, and it wants the pipeline closed off immediately to prevent catastrophe.
Line 5 meets the river just past a location the court has come to know as the “meander,” where the riverbed snakes back and forth multiple times, separated from itself only by several metres of forest and the pipeline itself.
At four locations, the river was less than 4.6 metres from the pipeline — just 3.4 metres in one particular spot — and the erosion has only continued.
Michigan, led by Nessel, has been arguing since 2019 that it’s only a matter of time before Line 5 leaks into the Straits of Mackinac, the ecologically delicate waterway where it crosses the Great Lakes.
“The alarming erosion at the Bad River meander poses an imminent threat of irreparable harm to Lake Superior which far outweighs the risk of impacts associated with a shutdown of the Line 5 pipeline,” she argues in her brief.
“Without judicial intervention, it is likely that this irreparable harm will be inflicted not only on the band, but also on Michigan, its residents, and its natural resources.”
The economic arguments against shutting down the pipeline — which carries 540,000 barrels of oil and natural gas liquids daily across Wisconsin and Michigan to refineries in Sarnia, Ont. — are by now well-known.
Its proponents, including the federal government, say a shutdown would cause major economic disruption across Alberta, Saskatchewan and the U.S. Midwest, where Line 5 provides feedstock to refineries in Michigan, Ohio and Pennsylvania.
It also supplies key refineries in Ontario and Quebec, and is vital to the production of jet fuel for major airports on both sides of the Canada-U.S. border, including Detroit Metropolitan and Pearson International in Toronto.
“The implications (of a shutdown) are significant — not only to Pearson airport, not only to the Detroit airport, but to our mutual economies,” Transport Minister Omar Alghabra said Wednesday on Parliament Hill.
Talks about possible contingency plans have been taking place, he added, though he hinted at something Enbridge and pipeline experts have been saying for years: there are no real alternatives.
“There’s been ongoing discussion,” Alghabra said. “But I can tell you that our focus is making sure that Line 5 continues operations.”
That was the idea behind a lengthy statement issued Tuesday by the Canadian Embassy, which warned of severe economic consequences as well as potential ramifications for bilateral relations were the line to close.
“The energy security of both Canada and the United States would be directly impacted by a Line 5 closure,” the statement said. Some 33,000 U.S. jobs and US$20 billion in economic activity would be at stake, it added.
“At a time of heightened concern over energy security and supply, including during the energy transition, maintaining and protecting existing infrastructure should be a top priority.”
Talks have been ongoing for months under the terms of a 1977 pipelines treaty between the two countries that effectively prohibits either country from unilaterally closing off the flow of hydrocarbons.
Nonetheless, the embassy’s statement and the Enbridge brief tacitly acknowledge that the prospect of a shutdown order is very real.
In Enbridge’s case, the brief pre-emptively asks the judge to grant a stay of 30 days, should an injunction be ordered, to give lawyers time to mount an appeal.
And if “this specific, temporary flood situation” results in a shutdown, the embassy says, Canada expects the U.S. to comply with the treaty, “including the expeditious restoration of normal pipeline operations.”
This report by The Canadian Press was first published May 17, 2023.
2025 Federal Election
Don’t double-down on net zero again

From the Fraser Institute
In the preamble to the Paris Agreement, world leaders loftily declared they would keep temperature rises “well below 2°C” and perhaps even under 1.5°C. That was never on the cards—it would have required the world’s economies to effectively come to a grinding halt.
The truth is that the “net zero” green agenda, based on massive subsidies and expensive legislation, will likely cost more than CAD$38 trillion per year across the century, making it utterly unattractive to voters in almost every nation on Earth.
When President Trump withdrew the United States from the Paris Climate Agreement for the first time in 2017, then-Canadian Prime Minister Justin Trudeau was quick to claim the moral high ground, declaring that “we will continue to work with our domestic and international partners to drive progress on one of the greatest challenges we face as a world.”
Trudeau has now been swept from the stage. On his first day back in office, President Trump signed an executive order that again begins the formal, twelve-month-long process of withdrawing the United States from the Paris Agreement.
It will be tempting for Canada to step anew into the void left by the United States. But if the goal is to make effective climate policy, whoever is Canada’s prime minister needs to avoid empty virtue signaling. It would be easy for Canada to declare again that it’ll form a “coalition of the willing” with Europe. The truth is that, just like last time, that approach would do next to nothing for the planet.
Climate summits have generated vast amounts of attention and breathless reporting giving the impression that they are crucial to the planet’s survival. Scratch the surface, and the results are far less impressive. In 2021, the world promised to phase-down coal. Since then, global coal consumption has only gone up. Virtually every summit has promised to cut emissions but they’ve increased almost every single year, and 2024 reached a new high.
Way before the Paris Agreement was inked, the Kyoto Protocol was once sold as a key part of the solution to global warming. Yet studies show it achieved virtually nothing for climate change.
In the preamble to the Paris Agreement, world leaders loftily declared they would keep temperature rises “well below 2°C” and perhaps even under 1.5°C. That was never on the cards—it would have required the world’s economies to effectively come to a grinding halt.
The truth is that the “net zero” green agenda, based on massive subsidies and expensive legislation, will likely cost more than CAD$38 trillion per year across the century, making it utterly unattractive to voters in almost every nation on Earth.
The awkward reality is that emissions from Canada, the EU, and other countries pursuing climate policies matter little in the 21st century. Canada likely only makes up about 1.5 per cent of the world’s emissions. Add together Canada’s output with that of every single country of the rich-world OECD, and this only makes up about one-fifth of global emissions this century, using the United Nations’ ‘middle of the road’ forecast. The other four-fifths of emissions come mostly from China, India and Africa.
Even if wealthy countries like Canada impoverish themselves, the result is tiny — run the UN’s standard climate model with and without Canada going net-zero in 2050, and the difference is immeasurable even in 2100. Moreover, much of the production and emissions just move to the Global South—and even less is achieved.

One good example of this is the United Kingdom, which—like Prime Minister Trudeau once did—has leaned into climate policies, suggesting it would lead the efforts for strong climate agreements. British families are paying a heavy price for their government going farther than almost any other in pursuing the climate agenda: just the inflation-adjusted electricity price, weighted across households and industry, has tripled from 2003 to 2023, mostly because of climate policies. This need not have been so: the US electricity price has remained almost unchanged over the same period.
The effect on families is devastating. Had prices stayed at 2003 levels, an average family-of-four would now be spending CAD$3,380 on electricity—which includes indirect industry costs. Instead, it now pays $9,740 per year.
Rising electricity costs make investment less attractive: European businesses pay triple US electricity costs, and nearly two-thirds of European companies say energy prices are now a major impediment to investment.
The Paris Treaty approach is fundamentally flawed. Carbon emissions continue to grow because cheap, reliable power, mostly from fossil fuels, drives economic growth. Wealthy countries like Canada, the US, and European Union members have started to cut emissions—often by shifting production elsewhere—but the rest of the world remains focused on eradicating poverty.
Poor countries will rightly reject making carbon cuts unless there is a huge flow of “climate aid” from rich nations, and want trillions of US dollars per year. That won’t happen. The new US government will not pay, and the other rich countries cannot foot the bill alone.
Without these huge transfers of wealth, China, India and many other developing countries will disavow expensive climate policies, too. This potentially leaves a rag-tag group led by a few Western European progressive nations, which can scarcely afford their own policies and have no ability to pay off everyone else.
When the United States withdrew from the Paris Agreement in 2017, Canada’s doubling down on the Paris Treaty sent the signal that it would be worthwhile spending hundreds of trillions of dollars to make no real difference to temperatures. We fool ourselves if we pretend that doing so for a second time will help the planet.
We need to realize that fixing climate change isn’t about sanctimonious summits, lofty speeches, and bluster. In coming weeks I’ll outline the case for efficient policies like innovation, adaptation and prosperity.
2025 Federal Election
Poilievre Will Bring in ‘One and Done’ Resource Approvals, and Ten Specific Projects Including LNG Canada Phase II

From Energy Now
Conservative Leader Pierre Poilievre announced that he will create a new ‘One and Done’ rule for resource projects: a one-stop shop, with one simple application and one environmental review. Poilievre also announced that he will rapidly approve 10 projects that have been stuck for years in the slow federal approval process. That will include Phase II of LNG Canada, a massive natural gas liquefaction project in Northern British Columbia. Many other projects will also be encouraged, all with an aim to bolster Canada’s economic independence against the Americans.
ONE-AND-DONE RULE will:
- Create a ‘One Stop Shop’ – A single office called the Rapid Resource Project Office will handle all regulatory approvals across all levels of government, so businesses don’t waste years navigating bureaucratic chaos and coordinating between multiple departments with different processes. We will cooperate with provincial governments to get all approvals into this single office.
- One application. End duplication – There will be one application and one environmental review per project, ensuring efficiency without sacrificing environmental standards. Instead of multiple overlapping studies that stall projects, governments will work together to deliver a single, effective review.
- One-year maximum wait times for approvals with a target of six months. There will be a target goal of decisions on applications in six months, with an upper time limit of one year, giving businesses certainty, cutting delays, and getting shovels in the ground faster.
“After the Lost Liberal decade, Canada is poorer, weaker, and more dependent on the United States than ever before, especially as a market for our natural resources,” said Poilievre. “My ‘One-and-Done’ rule will quickly and safely unleash Canada’s natural resources by rapidly approving the projects Canadians need more of now: mines, roads, LNG terminals, hydro projects, and nuclear power stations, so we can stand on our own two feet and stand up to the Americans.”
When completed, LNG Canada Phase II will double LNG output from 14 million to 28 million tonnes annually, creating hundreds of jobs in construction, operations and maintenance, and generating new revenues to fund the social programs that Canadians depend on. A new Conservative Government will also repeal C-69, the No Pipelines–No Development Law, and lift the cap on Canadian energy that would prevent LNG Canada Phase II from ever proceeding. Mark Carney has confirmed he will keep both C-69 and the cap in place.
Conservatives will also establish the Canadian Indigenous Opportunities Corporation (CIOC), to offer loan guarantees for local Indigenous-led resource projects.
A new Conservative government will also rapidly review nine other projects to find the hold-ups and accelerate federal decisions to get industry moving, workers working, and dollars flowing back to Canada. The full list of projects is at the end of this release.
Mark Carney and Steven Guilbeault’s “keep-it-in-the-ground” ideology–which maintains Bill C-69, the energy production cap, and the industrial carbon tax–will continue to stifle development in Canada, leading to job losses and increased reliance on foreign imports. Carney has said that “more than 80 per cent of current fossil fuel reserves … would need to stay in the ground.”
“The choice is clear: a fourth Liberal term that will keep our resources in the ground and keep us weak and vulnerable to Trump’s threats, or a strong new Conservative government that will approve projects, unleash our economy, bring jobs and dollars home, and put Canada First—For a Change.”
Some of the priority projects a Poilievre government will work with proponents and First Nations to approve:
- LNG Canada Phase II Expansion Project (BC): Aims to double LNG output but faces power supply challenges and output limitations related to the emissions cap.
- Suncor Base Mine Extension (Alberta): Expansion of an existing mine anticipated to produce 225,000 barrels per day of bitumen froth. Under assessment with the IAAC since 2020.
- Rook 1 Uranium Mine (Saskatchewan): A development-stage uranium project expected to be a major source of low-cost uranium. Approval process started in 2019 with the Canadian Nuclear Safety Commission.
- Springpole Lake Gold (Ontario): A proposed gold and silver mine with an on-site metal mill. Under assessment with the IAAC since 2018.
- Upper Beaver Gold Mine (Ontario): A proposed underground and gold and copper mine. Under assessment with the IAAC since 2021.
- Northern Road Link (Ontario): A proposed all-season, multi-use road in northern Ontario. Under assessment with the IAAC since 2023.
- Crawford Nickel Project (Ontario): A proposed nickel-cobalt mine with an on-site metal mill. Under assessment with the IAAC since 2022.
- Troilus Gold and Copper Mine (Quebec): A proposed gold and copper mine. Under assessment with the IAAC since 2022.
- Sorel-Tracy Port Terminal (Quebec): A proposed new port terminal in the industrial-port area of Sorel-Tracy. Under assessment with the IAAC since 2022.
- Cape Ray Gold and Silver Mine (Newfoundland): A proposed gold and silver mine with a milling complex. Under assessment with the IAAC since 2017.
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