When it comes to the “keep it in the ground” crowd, a few little things like a global pandemic, a border crisis, and the collapse of Afghanistan aren’t going to slow them down. This is particularly true in Michigan, where protesters continue to disrupt the construction of multiple oil and gas pipelines however they can. And they’ve had plenty of support from Governor Gretchen Whitmer in these efforts. One of the larger bones of contention in this battle has been Canadian operator Enbridge’s Line 5 pipeline, stretching from Minnesota to Ontario through Michigan. The pipeline is aging and the company is seeking to replace portions of it with a tunnel running under a strait in the Great Lakes. In the meantime, they’ve been keeping the existing line flowing despite an order from Whitmer to shut it down. The two sides have been in stalled negotiations for some time, but now the Canadian government is stepping in and asking the courts for relief based on a 1977 treaty that forbids local authorities from closing off the flow of fuel.

The Canadian government said Oct. 4 it is requesting diplomatic negotiations with the US to keep Enbridge’s Line 5 crude and propane pipelines open in Michigan, arguing that any court-ordered closure would violate a 1977 international treaty regarding transit pipelines.

Canada’s federal court filing in the Western District of Michigan comes after court-ordered mediation between Canadian pipeline operator Enbridge and the state of Michigan hit a standstill. Democratic Michigan Gov. Gretchen Whitmer previously ordered the 540,000 b/d pipeline shuttered for alleged safety violations, while Enbridge has defiantly kept Line 5 flowing unless ordered by a federal court to close it.

However, the Canadian government is now formally invoking the 1977 treaty and requests diplomatic negotiations with the Biden administration. Canada’s legal counsel, Gordon Giffin, wrote that the treaty forbids any public authority from either country, including Michigan, from interfering with the transmission of oil and gas.

Line 5 is one of the major channels for the importation of propane, a fuel that remains in high demand in the United States for a variety of purposes. Shutting it down would seriously impact the availability and drive up prices even further, just as winter is approaching.

At first glance, Canada’s plan seems sound. Since they couldn’t reach a satisfactory agreement with the state government in Michigan, invoking the treaty allows them to cut Whitmer out of the loop and take the negotiations straight to the federal level. And the treaty, which has never been terminated, is quite clear in its terms. Canada obviously has the right to negotiate with Washington and demand that we live up to the terms of the agreement.

But those negotiations would be held with representatives of the Biden administration. Joe Biden has already demonstrated his appetite for closing down pipelines. (Unless they are being built by the Russians, of course.) Would he really try to just ignore a standing treaty with our closest neighbor and side with Whitmer? Could he find a judge that would go along with such a breach of international diplomacy?

Activists in Michigan have continued trying to shut down other Enbridge properties, particularly Line 3, though they haven’t met with much success. Celebrities such as Jane Fonda have shown up at these protests, featuring regular acts of vandalism, and tried to catch Joe Biden’s attention. They hope to influence him to step in on their behalf. But what they’re asking for this time would require a major loss of American credibility if we start ignoring our obligations based on the political beliefs of a single administration.

And honestly, our relationship with Canada is already on thin ice, along with those of many other countries at the moment. This is one more headache we simply don’t need. Let’s hope that Joe Biden can see his way clear to keep his nose out of this one.