MADISON, Wis. — The Wisconsin Department of Natural Resources (DNR) has initiated the permitting process for Enbridge to reroute an older pipeline around a tribal reservation.
On Thursday, DNR officials announced that they have approved the initial construction permits necessary for the Line 5 reroute that circumvents the Bad River Band of Lake Superior Chippewa’s reservation. Enbridge still requires discharge permits from both the DNR and the U.S. Army Corps of Engineers to proceed further.
The issued construction permits are accompanied by over 200 specific conditions. Enbridge is required to finalize the project by November 14, 2027, employ environmental monitors approved by the DNR, and allow DNR personnel access to the construction site during reasonable hours.
Additionally, the conditions stipulate that should there be any permit violations or hazardous spills affecting wetlands or waterways, the company must notify the agency within 24 hours. Enbridge is also prohibited from discharging any drilling mud into sensitive areas, must keep spill response equipment readily available at work site access points, and must monitor for invasive plant species.
In response to the permit approval, Enbridge officials offered a statement praising the decision as a significant stride toward enabling a continuous flow of energy to Wisconsin and the Great Lakes area.
However, representatives of the Bad River tribe expressed concerns about the potential environmental repercussions. They highlighted that the project entails activities like blasting and digging trenches, which could severely harm regional wetlands and streams and threaten the tribe’s wild rice beds. The tribe also referenced investigations that uncovered water quality violations and aquifer breaches linked to the construction of the Line 3 pipeline in northern Minnesota.
“I’m frustrated that the DNR has approved a flawed plan that poses a risk to our land and way of life,” stated Bad River Chairman Robert Blanchard. “We will continue to alert the public to safeguard our watershed from another Enbridge pipeline.”
Line 5 is responsible for transporting approximately 23 million gallons of oil and natural gas every day from Superior, Wisconsin, through Michigan, and ending in Sarnia, Ontario. Notably, nearly 12 miles of the pipeline traverse the Bad River reservation.
The tribe has been in a legal battle with Enbridge since 2019, aiming to compel the company to completely remove the pipeline from their reservation, arguing that the 71-year-old line poses a significant risk of a catastrophic spill, particularly since the land easements allowing Enbridge to operate there expired back in 2013.
Enbridge proposed rerouting the pipeline for 41 miles around the southern edge of the Bad River reservation. They face a two-year timeline to complete this construction. Last year, U.S. District Judge William Conley mandated Enbridge to cease operations of the section of the pipeline that crosses the reservation within three years, along with a payment of over $5 million to the tribe for trespassing. The company is currently appealing this ruling in a federal appellate court located in Chicago.
Meanwhile, Michigan’s Democratic attorney general, Dana Nessel, has been pursuing a lawsuit since 2019 to shut down two segments of Line 5 that travel underneath the Straits of Mackinac, connecting Lake Michigan to Lake Huron. Nessel’s concerns center around the risk of anchor strikes that could lead to a severe spill. That litigation remains underway in a federal appellate court.
In December, Michigan regulators approved a substantial $500 million plan by Enbridge to construct a tunnel to encase the pipeline section beneath the straits to reduce associated risks, although this plan is still pending approval from the U.S. Army Corps of Engineers.
On Thursday, DNR officials announced that they have approved the initial construction permits necessary for the Line 5 reroute that circumvents the Bad River Band of Lake Superior Chippewa’s reservation. Enbridge still requires discharge permits from both the DNR and the U.S. Army Corps of Engineers to proceed further.
The issued construction permits are accompanied by over 200 specific conditions. Enbridge is required to finalize the project by November 14, 2027, employ environmental monitors approved by the DNR, and allow DNR personnel access to the construction site during reasonable hours.
Additionally, the conditions stipulate that should there be any permit violations or hazardous spills affecting wetlands or waterways, the company must notify the agency within 24 hours. Enbridge is also prohibited from discharging any drilling mud into sensitive areas, must keep spill response equipment readily available at work site access points, and must monitor for invasive plant species.
In response to the permit approval, Enbridge officials offered a statement praising the decision as a significant stride toward enabling a continuous flow of energy to Wisconsin and the Great Lakes area.
However, representatives of the Bad River tribe expressed concerns about the potential environmental repercussions. They highlighted that the project entails activities like blasting and digging trenches, which could severely harm regional wetlands and streams and threaten the tribe’s wild rice beds. The tribe also referenced investigations that uncovered water quality violations and aquifer breaches linked to the construction of the Line 3 pipeline in northern Minnesota.
“I’m frustrated that the DNR has approved a flawed plan that poses a risk to our land and way of life,” stated Bad River Chairman Robert Blanchard. “We will continue to alert the public to safeguard our watershed from another Enbridge pipeline.”
Line 5 is responsible for transporting approximately 23 million gallons of oil and natural gas every day from Superior, Wisconsin, through Michigan, and ending in Sarnia, Ontario. Notably, nearly 12 miles of the pipeline traverse the Bad River reservation.
The tribe has been in a legal battle with Enbridge since 2019, aiming to compel the company to completely remove the pipeline from their reservation, arguing that the 71-year-old line poses a significant risk of a catastrophic spill, particularly since the land easements allowing Enbridge to operate there expired back in 2013.
Enbridge proposed rerouting the pipeline for 41 miles around the southern edge of the Bad River reservation. They face a two-year timeline to complete this construction. Last year, U.S. District Judge William Conley mandated Enbridge to cease operations of the section of the pipeline that crosses the reservation within three years, along with a payment of over $5 million to the tribe for trespassing. The company is currently appealing this ruling in a federal appellate court located in Chicago.
Meanwhile, Michigan’s Democratic attorney general, Dana Nessel, has been pursuing a lawsuit since 2019 to shut down two segments of Line 5 that travel underneath the Straits of Mackinac, connecting Lake Michigan to Lake Huron. Nessel’s concerns center around the risk of anchor strikes that could lead to a severe spill. That litigation remains underway in a federal appellate court.
In December, Michigan regulators approved a substantial $500 million plan by Enbridge to construct a tunnel to encase the pipeline section beneath the straits to reduce associated risks, although this plan is still pending approval from the U.S. Army Corps of Engineers.