A “Hail Mary” legal tactic by the pipeline company invokes a 1977 pipeline treaty between the U.S. and Canada. The Bad River Band says the treaty is superseded by 1854 tribal treaty rights.A “Hail Mary” legal tactic by the pipeline company invokes a 1977 pipeline treaty between the U.S. and Canada. The Bad River Band says the treaty is superseded by 1854 tribal treaty rights.