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.
Bjorn Lomborg
How Canada Can Respond to Climate Change Smartly

From the Fraser Institute
At a time when public finances are strained, and Canada and the world are facing many problems and threats, we need to consider policy choices carefully. On climate, we should spend smartly to solve it effectively, making sure there is enough money left over for all the other challenges.
A sensible response to climate change starts with telling it as it is. We are bombarded with doom-mongering that is too often just plain wrong. Climate change is a problem but it’s not the end of the world.
Yet the overheated rhetoric has convinced governments to spend taxpayer funds heavily on subsidizing current, inefficient solutions. In 2024, the world spent a record-setting CAD$3 trillion on the green energy transition. Taxpayers are directly and indirectly subsidizing millions of wind turbines and solar panels that do little for climate change but line the coffers of green energy companies.
We need to do better and invest more in the only realistic solution to climate change: low-carbon energy research and development. Studies indicate that every dollar invested in green R&D can prevent $11 in long-term climate damages, making it the most effective long-term global climate policy.
Throughout history, humanity has tackled major challenges not by imposing restrictions but by innovating and developing transformative technologies. We didn’t address 1950s air pollution in Los Angeles by banning cars but by creating the catalytic converter. We didn’t combat hunger by urging people to eat less, but through the 1960s Green Revolution that innovated high-yielding varieties to grow much more food.
In 1980, after the oil price shocks, the rich world spent more than 8 cents of every $100 of GDP on green R&D to find energy alternatives. As fossil fuels became cheap again, investment dropped. When climate concern grew, we forgot innovation and instead the focus shifted to subsidizing existing, ineffective solar and wind.
In 2015, governments promised to double green R&D spending by 2020, but did no such thing. By 2023, the rich world still wasn’t back to spending even 4 cents out of every $100 of GDP.
Globally, the rich world spends just CAD$35 billion on green R&D — one-hundredth of overall “green” spending. We should increase this four-fold to about $140 billion a year. Canada’s share would be less than $5 billion a year, less than a tenth of its 2024 CAD$50 billion energy transition spending.
This would allow us to accelerate green innovation and bring forward the day green becomes cheaper than fossil fuels. Breakthroughs are needed in many areas. Take nuclear power. Right now, it is way too expensive, largely because extensive regulations force the production of every new power plant into what essentially becomes a unique, eye-wateringly expensive, extravagant artwork.
The next generation of nuclear power would work on small, modular reactors that get type approval in the production stage and then get produced by the thousand at low cost. The merits of this approach are obvious: we don’t have a bureaucracy that, at a huge cost, certifies every consumer’s cellphone when it is bought. We don’t see every airport making ridiculously burdensome requirements for every newly built airplane. Instead, they both get type-approved and then mass-produced.
We should support the innovation of so-called fourth-generation nuclear power, because if Canadian innovation can make nuclear energy cheaper than fossil fuels, everyone in the world will be able to make the switch—not just rich, well-meaning Canadians, but China, India, and countries across Africa.
Of course, we don’t know if fourth-generation nuclear will work out. That is the nature of innovation. But with smarter spending on R&D, we can afford to focus on many potential technologies. We should consider investing in innovation to grow hydrogen production along with water purification, next-generation battery technology, growing algae on the ocean surface producing CO₂-free oil (a proposal from the decoder of the human genome, Craig Venter), CO₂ extraction, fusion, second-generation biofuels, and thousands of other potential areas.
We must stop believing that spending ever-more money subsidizing still-inefficient technology is going to be a major part of the climate solution. Telling voters across the world for many decades to be poorer, colder, less comfortable, with less meat, fewer cars and no plane travel will never work, and will certainly not be copied by China, India and Africa. What will work is innovating a future where green is cheaper.
Innovation needs to be the cornerstone of our climate policy. Secondly, we need to invest in adaptation. Adaptive infrastructure like green areas and water features help cool cities during heatwaves. Farmers already adapt their practices to suit changing climates. As temperatures rise, farmers plant earlier, with better-adapted varieties or change what they grow, allowing the world to be ever-better fed.
Adaptation has often been overlooked in climate change policy, or derided as a distraction from reducing emissions. The truth is it’s a crucial part of avoiding large parts of the climate problem.
Along with innovation and adaptation, the third climate policy is to drive human development. Lifting communities out of poverty and making them flourish is not just good in and of itself — it is also a defense against rising temperatures. Eliminating poverty reduces vulnerability to climate events like heat waves or hurricanes. Prosperous societies afford more healthcare, social protection, and investment in climate adaptation. Wealthy countries spend more on environmental preservation, reducing deforestation, and promoting conservation efforts.
Focusing funds on these three policy areas will mean Canada can help spark the breakthroughs that are needed to lower energy costs while reducing emissions and making future generations around the world more resilient to climate and all the other big challenges. The path to solving climate change lies in innovation, adaptation, and building prosperous economies.
Business
Net Zero by 2050: There is no realistic path to affordable and reliable electricity

By Dave Morton of the Canadian Energy Reliability Council.
Maintaining energy diversity is crucial to a truly sustainable future
Canada is on an ambitious path to “decarbonize” its economy by 2050 to deliver on its political commitment to achieve net-zero greenhouse gas (GHG) emissions. Although policy varies across provinces and federally, a default policy of electrification has emerged, and the electricity industry, which in Canada is largely owned by our provincial governments, appears to be on board.
In a November 2023 submission to the federal government, Electricity Canada, an association of major electric generators and suppliers in Canada, stated: “Every credible path to Net Zero by 2050 relies on electrification of other sectors.” In a single generation, then, will clean electricity become the dominant source of energy in Canada? If so, this puts all our energy eggs in one basket. Lost in the debate seem to be considerations of energy diversity and its role in energy system reliability.
What does an electrification strategy mean for Canada? Currently, for every 100 units of energy we consume in Canada, over 40 come to us as liquid fuels like gasoline and diesel, almost 40 as gaseous fuels like natural gas and propane, and a little less than 20 in the form of electrons produced by those fuels as well as by water, uranium, wind, solar and biomass. In British Columbia, for example, the gas system delivered approximately double the energy of the electricity system.
How much electricity will we need? According to a recent Fraser Institute report, a decarbonized electricity grid by 2050 requires a doubling of electricity. This means adding the equivalent of 134 new large hydro projects like BC’s Site C, 18 nuclear facilities like Ontario’s Bruce Power Plant, or installing almost 75,000 large wind turbines on over one million hectares of land, an area nearly 14.5 times the size of the municipality of Calgary.
Is it feasible to achieve a fully decarbonized electricity grid in the next 25 years that will supply much of our energy requirements? There is a real risk of skilled labour and supply chain shortages that may be impossible to overcome, especially as many other countries are also racing towards net-zero by 2050. Even now, shortages of transformers and copper wire are impacting capital projects. The Fraser Institute report looks at the construction challenges and concludes that doing so “is likely impossible within the 2050 timeframe”.
How we get there matters a lot to our energy reliability along the way. As we put more eggs in the basket, our reliability risk increases. Pursuing electrification while not continuing to invest in our existing fossil fuel-based infrastructure risks leaving our homes and industries short of basic energy needs if we miss our electrification targets.
The IEA 2023 Roadmap to Net Zero estimates that technologies not yet available on the market will be needed to deliver 35 percent of emissions reductions needed for net zero in 2050. It comes then as no surprise that many of the technologies needed to grow a green electric grid are not fully mature. While wind and solar, increasingly the new generation source of choice in many jurisdictions, serve as a relatively inexpensive source of electricity and play a key role in meeting expanded demand for electricity, they introduce significant challenges to grid stability and reliability that remain largely unresolved. As most people know, they only produce electricity when the wind blows and the sun shines, thereby requiring a firm back-up source of electricity generation.
Given the unpopularity of fossil fuel generation, the difficulty of building hydro and the reluctance to adopt nuclear in much of Canada, there is little in the way of firm electricity available to provide that backup. Large “utility scale” batteries may help mitigate intermittent electricity production in the short term, but these facilities too are immature. Furthermore, wind, solar and batteries, because of the way they connect to the grid don’t contribute to grid reliability in the same way the previous generation of electric generation does.
Other zero-emitting electricity generation technologies are in various stages of development – for example, Carbon Capture Utilization and Storage (CCUS) fitted to GHG emitting generation facilities can allow gas or even coal to generate firm electricity and along with Small Modular Reactors (SMRs) can provide a firm and flexible source of electricity.
What if everything can’t be electrified? In June 2024, a report commissioned by the federal government concluded that the share of overall energy supplied by electricity will need to roughly triple by 2050, increasing from the current 17 percent to between 40 and 70 percent. In this analysis, then, even a tripling of existing electricity generation, will at best only meet 70 percent of our energy needs by 2050.
Therefore, to ensure the continued supply of reliable energy, non-electrification pathways to net zero are also required. CCUS and SMR technologies currently being developed for producing electricity could potentially be used to provide thermal energy for industrial processes and even building heat; biofuels to replace gasoline, diesel and natural gas; and hydrogen to augment natural gas, along with GHG offsets and various emission trading schemes are similarly
While many of these technologies can and currently do contribute to GHG emission reductions, uncertainties remain relating to their scalability, cost and public acceptance. These uncertainties in all sectors of our energy system leaves us with the question: Is there any credible pathway to reliable net-zero energy by 2050?
Electricity Canada states: “Ensuring reliability, affordability, and sustainability is a balancing act … the energy transition is in large part policy-driven; thus, current policy preferences are uniquely impactful on the way utilities can manage the energy trilemma. The energy trilemma is often referred to colloquially as a three-legged stool, with GHG reductions only one of those legs. But the other two, reliability and affordability, are key to the success of the transition.
Policymakers should urgently consider whether any pathway exists to deliver reliable net-zero energy by 2050. If not, letting the pace of the transition be dictated by only one of those legs guarantees, at best, a wobbly stool. Matching the pace of GHG reductions with achievable measures to maintain energy diversity and reliability at prices that are affordable will be critical to setting us on a truly sustainable pathway to net zero, even if it isn’t achieved by 2050.
Dave Morton, former Chair and CEO of the British Columbia Utilities Commission (BCUC), is with the Canadian Energy Reliability Council.
-
Alberta2 days ago
Premier Danielle Smith responds to election of Liberal government
-
2025 Federal Election2 days ago
In Defeat, Joe Tay’s Campaign Becomes a Flashpoint for Suspected Voter Intimidation in Canada
-
Banks2 days ago
TD Bank Account Closures Expose Chinese Hybrid Warfare Threat
-
Alberta2 days ago
Hours after Liberal election win, Alberta Prosperity Project drumming up interest in referendum
-
2025 Federal Election2 days ago
Post election…the chips fell where they fell
-
Alberta2 days ago
New Alberta Election Act bans electronic vote counting machines, lowers threshold for recalls and petitions
-
2025 Federal Election2 days ago
Poilievre loses seat but plans to stay on as Conservative leader
-
espionage21 hours ago
Longtime Liberal MP Warns of Existential Threat to Canada, Suggests Trump’s ’51st State’ Jibes Boosted Carney