‘Draconian’ Line 5 shutdown must be avoided with ‘imperfect’ alternatives: U.S. judge
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In September, Conley denied Bad River’s motion for a summary judgment that would have shut down the pipeline, citing potential economic and foreign policy implications. Today’s ruling calls on both sides to meet before Dec. 17 to find a solution that would mitigate the risk of a near-term spill without closing the pipeline down.The band has yet to propose a potential solution that would not require a total shutdown, Conley writes, a prospect he describes as “draconian injunctive remedies.”
“The court must consider what alternative steps, however imperfect , would reduce the risk of an oil spill in the near term,” the decision reads. If possible, those steps should also preserve the operation of Line 5 “for those areas of the United States and Canada that currently depend on it.”
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