Davilla v. Enable Midstream Partners, No. 17-6088 (10th Cir. 2019)Annotate this Case
Enable Intrastate Transmission, LLC owned and operated a natural gas pipeline that crossed Indian allotted land in Anadarko, Oklahoma. A twenty-year easement for the pipeline expired in 2000. Enable failed to renew the easement but also failed to remove the pipeline. In response, roughly three-dozen individual Native American Allottees who held equitable title in the allotted land filed suit. The district court granted summary judgment to the Allottees, ruling on the basis of stipulated facts that Enable was liable for trespass. The court then enjoined the trespass, ordering Enable to remove the pipeline. Enable appealed both rulings; the Tenth Circuit affirmed in part, reversed in part and remanded for further proceedings. The Court determined the district court properly granted summary judgment to the Allottees but erred in issuing the permanent injunction. A federal district court’s decision to permanently enjoin a continuing trespass on allotted land should take into account: (1) whether an injunction is necessary to prevent “irreparable harm;” (2) whether “the threatened injury outweighs the harm that the injunction may cause” to the enjoined party; and (3) whether the injunction would “adversely affect the public interest.” The Tenth Circuit concluded that by ordering Enable to remove the pipeline on the basis of liability alone, the district court legally erred and thus abused its discretion. The district court incorporated a simplified injunction rule from Oklahoma law when it should have adhered to basic tenants of federal equity jurisprudence. This matter was remanded for the district court "for a full weighing of the equities."