Enbridge Advances Line 5 Reroute Amid Legal Challenges in Wisconsin

EPA, Enbridge say data doesn’t support tribe’s claims that Line 5 project will harm water

In northern Wisconsin, Enbridge is forging ahead with its controversial Line 5 oil and gas pipeline reroute, despite ongoing legal battles. The energy giant has mobilized hundreds of workers to clear the way for construction, even as challenges loom over the project.

According to Enbridge spokesperson Juli Kellner, crews are actively clearing trees and establishing temporary access roads using large wooden mats. This preparation is in anticipation of drilling for a new segment of the pipeline. “Including the inspection, environmental, safety and cultural resources teams we have over 500 staff in the field currently,” Kellner explained in an email. “Hotels, campgrounds, gas stations, restaurants, grocery stores, local vendors and convenience stores are all benefitting from an increase in customers.”

The workforce largely comprises local talents, with Brownsville-based Michels Pipeline Inc. leading the charge alongside Wisconsin and Ashland area subcontractors. This $450 million project aims to create a 41-mile detour of Line 5, circumventing the Bad River Band of Lake Superior Chippewa reservation. The tribe’s 2019 lawsuit seeks to halt the pipeline’s presence on their land, citing environmental and cultural concerns.

Bad River Tribal Chairwoman Elizabeth Arbuckle has voiced strong opposition, asserting that state permits for the project are illegitimate. “This is our homeland. This is what we’ve known. This is who we are. This preserves the way of life we know and understand,” Arbuckle told WPR. “While we’ve been taking care of the land, it’s been taking care of us. That’s the commitment our ancestors made, and that is a commitment I continue to stand by and uphold.”

State permits were issued by the Wisconsin Department of Natural Resources in 2024, but faced challenges from the tribe and environmental groups. Although these permits were upheld by an administrative law judge, further legal scrutiny is expected. In February, the tribe and environmental advocates sought a judicial review of the permits in Iron County Circuit Court, aiming to halt the pipeline construction. A Bayfield County judge allowed most work to continue, but paused activities in four waterways pending additional permits.

Rob Lee, a senior staff attorney for Midwest Environmental Advocates, indicated that Enbridge proceeds with construction at their own risk amid the unresolved legal challenges. “We are hopeful and expect the judge to reach a decision before the entire pipeline can be constructed, much less become operational,” Lee stated.

Environmental concerns include potential mercury disruption in waterways and threats to wild rice beds, already vulnerable due to climate change. Enbridge asserts that the project will not breach water quality standards or infringe upon treaty rights related to hunting, fishing, and gathering.

Support for the reroute comes from farm and business groups, labor unions, and Republican lawmakers. During peak construction, the project is anticipated to employ 700 union workers and inject $135 million into Wisconsin’s economy. Enbridge emphasizes the importance of Line 5, which serves 10 refineries and propane facilities across the Midwest.

Critics of the project highlight past spills, including a significant 2010 incident in Michigan’s Kalamazoo River and a recent spill of nearly 70,000 gallons in Jefferson County. In 2023, U.S. District Court Judge William Conley ordered Enbridge to reroute or shut down Line 5 around the Bad River reservation by mid-June, mandating a $5.15 million payment for trespassing. Both Enbridge and the tribe have appealed the decision. Conley later paused the shutdown order until a federal appeals court decision, citing potential “devastating” impacts of an abrupt closure.

For more details on the project’s environmental assessments, you can view the full report here. To understand the legal challenges faced by the project, you can read more here.

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