Legal Challenge to Enbridge’s Line 5 Reroute: Environmental Concerns at the Forefront
The Bad River Band of Lake Superior Chippewa has initiated legal action against the U.S. Army Corps of Engineers, claiming federal environmental laws were breached when the Corps granted a permit to Enbridge for the Line 5 pipeline reroute. This lawsuit underscores ongoing tensions between the tribe and the Canadian energy company over the pipeline’s presence on tribal lands.
Enbridge received the permit from the Army Corps in late October, though it remains non-finalized. The proposed reroute involves constructing a 41-mile segment of Line 5 circumventing the Bad River reservation, following the tribe’s 2019 lawsuit to have the pipeline removed due to expired easements.
Represented by Earthjustice, the tribe has taken their case to the U.S. District Court for the District of Columbia. They argue that the Corps failed to adhere to the Clean Water Act and National Environmental Policy Act, urging the court to revoke the permit and environmental assessment.
Bad River Band Chairwoman Elizabeth Arbuckle expressed deep concerns, stating, “The reroute only makes matters worse. Enbridge’s history is full of accidents and oil spills. If that happens here, our Tribe and other communities in the Northwoods will suffer unacceptable consequences. From the Bad River to Lake Superior, our waters are the lifeblood of our Reservation. They have fed and nurtured our Tribe for hundreds of years. We will do everything in our power to protect them.”
The Army Corps has refrained from commenting on the litigation, adhering to their policy. The tribe’s complaint criticizes the Corps for not sufficiently evaluating the environmental impact and ensuring minimal harm from the project. Concerns are also raised about the permit being issued amid ongoing legal challenges to state approvals.
Last year, the tribe, alongside environmental groups, contested state permits issued to Enbridge, criticizing the Wisconsin Department of Natural Resources for inadequate compliance with state law. They highlighted a lack of data to ensure minimal harm to wetlands and waterways. A decision on those contested permits is yet to be made following a hearing this fall.
Juli Kellner, a spokesperson for Enbridge, emphasized the thorough environmental review their permit applications have undergone. She noted that the Corps has offered an initial proffered permit, pending finalization. Kellner stated, “Until the permit is signed, USACE has not engaged in a judicially reviewable final agency action. Enbridge will move to intervene in the lawsuit and defend the USACE’s forthcoming permit decision.”
The Line 5 pipeline, which transports up to 23 million gallons daily from Superior to Sarnia, Ontario, has faced scrutiny, especially regarding its environmental impact. The reroute proposal involves crossing nearly 200 waterways and affecting approximately 101 acres of wetlands, with construction methods potentially taking decades to remediate.
While Enbridge maintains that construction will not significantly alter water temperatures or pollution levels, the tribe warns of potential increases in water temperatures, runoff, and contamination. The EPA’s findings have varied between administrations, with the Trump-era conclusion indicating no harm to the tribe’s water quality, while the Biden administration previously highlighted possible significant impacts.
The project has seen extensive review, with a DNR attorney noting it as the most scrutinized in the agency’s history, receiving over 32,000 public comments. Despite the controversy, proponents highlight a $135 million economic impact and job creation, while opponents point to Enbridge’s past spill record, including a major incident in 2010 on the Kalamazoo River.
In a 2023 ruling, Enbridge was ordered to compensate the tribe for trespassing and to either reroute or cease Line 5 operations on the reservation by June 2026, a decision both parties are appealing in the 7th U.S. Circuit Court of Appeals.
