A tribe in northern Wisconsin has taken action against the proposed rerouting of an old pipeline, claiming that state regulators have not fully assessed the environmental consequences of the planned construction.
The Bad River Band of Lake Superior Chippewa filed a lawsuit in Ashland County on Thursday, seeking a judicial hold on the Wisconsin Department of Natural Resources’ (DNR) environmental impact statement regarding the project, as well as requesting the reversal of state-issued construction permits. In conjunction with a coalition that includes environmental organizations like Clean Wisconsin, Sierra Club, and the League of Women Voters, the tribe has also submitted petitions calling for a hearing on the project’s approvals.
The tribe and its allies contend that the DNR’s approval of the reroute was illegal because Enbridge did not adequately demonstrate measures to minimize harm to waterways and wetlands in the state. They argue that the company’s assessment downplays the potential environmental impacts while overestimating its capacity to restore affected areas.
“In my view, the DNR failed our children when it granted Enbridge the permits for this reroute,” stated Robert Blanchard, Chairperson of the Bad River Band, in a press release regarding the legal actions. “As a tribal chairman and an elder, I feel a duty to protect future generations. This is why we are pursuing legal challenges against the reroute.”
A representative from the DNR, Molly Meister, opted not to comment on the situation.
Enbridge, the energy company involved, asserted in a statement that their reroute proposal has undergone extensive reviews and analyses. The company warned that the ongoing legal challenges could delay a proposed economic boost for the northern Wisconsin region. According to Enbridge, the construction of the reroute would generate over 700 jobs and maintain the energy supply relied upon by millions in the area.
The Line 5 pipeline is responsible for transporting up to 23 million gallons (around 87 million liters) of oil and natural gas daily, stretching from Superior, Wisconsin, through Michigan and ending in Sarnia, Ontario, Canada. Approximately 12 miles (19 kilometers) of this pipeline traverses the Bad River’s reservation, positioned along the shores of Lake Superior in Ashland County.
In 2019, the tribe initiated a lawsuit against Enbridge to compel the removal of the pipeline from their reservation. The tribe maintained that the easements granted to Enbridge had expired in 2013, and cited concerns that the 71-year-old pipeline posed a significant risk of spillage, threatening the local watershed and impacting the tribe’s sacred wild rice areas.
A federal judge ruled that Enbridge must eliminate the pipeline from the reservation by 2026, but the company has sought a review of that ruling from a federal appellate court in Chicago.
Enbridge has proposed a 41-mile (66-kilometer) reroute that would skirt the southern border of the reservation. However, the tribe and conservation groups are firmly against this plan, expressing worry that construction would pollute the environment and perpetuate fossil fuel dependency.
In November, the DNR granted state permits for the reroute project, though it still requires additional authorization from the U.S. Army Corps of Engineers.
Additionally, Michigan’s Democratic Attorney General, Dana Nessel, filed a lawsuit in 2019 aimed at shutting down sections of Line 5 that run beneath the Straits of Mackinac. Nessel’s lawsuit argues that anchor strikes pose a risk for rupturing the pipeline, potentially leading to disastrous spills. That case remains pending in a federal appellate court.
In December, Michigan regulators approved Enbridge’s $500 million proposal to encase the pipeline section below the straits in a tunnel, designed to reduce risks. However, this plan also awaits the green light from the U.S. Army Corps of Engineers.