Sections of the Enbridge Line 3 pipeline are seen on the construction site on the White Earth Nation Reservation near Wauburn, Minnesota, on June 5, 2021. Indigenous leaders and climate activists are gathering in northern Minnesota to protest the con …
MADISON, Wis. - Enbridge's contentious plan to reroute an aging pipeline around a northern Wisconsin tribal reservation moved closer to reality Thursday after the company won its first permits from state regulators.
Wisconsin Department of Natural Resources officials announced they have issued construction permits for the Line 5 reroute around the Bad River Band of Lake Superior Chippewa's reservation. The energy company still needs discharge permits from the DNR as well as the U.S. Army Corps of Engineers.
The project has generated fierce opposition. The tribe wants the pipeline off its land, but tribal members and environmentalists maintain rerouting construction will damage the region's watershed and perpetuate the use of fossil fuels.
The DNR issued the construction permits with more than 200 conditions attached. The company must complete the project by Nov. 14, 2027, hire DNR-approved environmental monitors and allow DNR employees to access the site during reasonable hours.
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The company also must notify the agency within 24 hours of any permit violations or hazardous material spills affecting wetlands or waterways; can’t discharge any drilling mud into wetlands, waterways or sensitive areas; keep spill response equipment at workspace entry and exit points; and monitor for the introduction and spread in invasive plant species.
Enbridge officials issued a statement praising the approval, calling it a "major step" toward construction that will keep reliable energy flowing to Wisconsin and the Great Lakes region.
Bad River tribal officials warned in their own statement Thursday that the project calls for blasting, drilling and digging trenches that would devastate area wetlands and streams and endanger the tribe's wild rice beds. The tribe noted that investigations identified water quality violations and three aquifer breaches related to the Line 3 pipeline’s construction in northern Minnesota.
"I'm angry that the DNR has signed off on a half-baked plan that spells disaster for our homeland and our way of life," Bad River Chairman Robert Blanchard said in the statement. "We will continue sounding the alarm to prevent yet another Enbridge pipeline from endangering our watershed."
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Line 5 transports up to 23 million gallons (about 87 million liters) of oil and natural gas daily from Superior, Wisconsin, through Michigan to Sarnia, Ontario. About 12 miles (19 kilometers) of the pipeline run across the Bad River reservation.
The tribe sued Enbridge in 2019 to force the company to remove the pipeline from the reservation, arguing the 71-year-old line is prone to a catastrophic spill and land easements allowing Enbridge to operate on the reservation expired in 2013.
Enbridge has proposed a 41-mile (66-kilometer) reroute around the reservation's southern border.
The company has only about two years to complete the project. U.S. District Judge William Conley last year ordered Enbridge to shut down the portion of pipeline crossing the reservation within three years and pay the tribe more than $5 million for trespassing. An Enbridge appeal is pending in a federal appellate court in Chicago.
Michigan’s Democratic attorney general, Dana Nessel, filed a lawsuit in 2019 seeking to shut down twin portions of Line 5 that run beneath the Straits of Mackinac, the narrow waterways that connect Lake Michigan and Lake Huron. Nessel argued that anchor strikes could rupture the line, resulting in a devastating spill. That lawsuit is still pending in a federal appellate court.
Michigan regulators in December approved the company’s $500 million plan to encase the portion of the pipeline beneath the straits in a tunnel to mitigate risk. The plan is awaiting approval from the U.S. Army Corps of Engineers.
Reaction
Bill Carroll, President of the Wisconsin Teamsters Joint Council 39
"After four years of thorough and careful analysis, these permits signify the Line 5 relocation project will be constructed following Wisconsin environmental standards and in a manner that will protect our state’s natural resources. Our highly trained and skilled members look forward to getting to work on this important project."
Rob Lee, Staff Attorney for Midwest Environmental Advocates
"Enbridge’s proposed plan represents a clear threat to the health and safety of Wisconsin communities and the natural resources on which they rely. DNR’s decision to issue permits for the project ignores the serious concerns of thousands of people who have urged the DNR to reject Enbridge’s permit application."
Wisconsin Building Trades Council Executive Director Emily Pritzkow
"We commend the Wisconsin Department of Natural Resources for moving forward with the permitting process for the Line 5 pipeline reroute. This decision reflects an intentional and balanced approach to addressing the state’s energy infrastructure needs while ensuring responsible environmental stewardship.
"The Line 5 relocation project is a win for Wisconsin workers, Wisconsin families, and the Wisconsin economy. In addition to creating over 700 union construction jobs, this project will ensure the energy our state’s families and economy need to survive continues to flow. Our members are committed to executing this project with the utmost craftsmanship and professionalism, and prioritizing safety every step of the way.
"The Line 5 pipeline has been a critical component of Wisconsin's energy network for decades, providing reliable access to essential resources. The reroute ensures operation with the highest safety standards by incorporating cutting-edge technology and construction practices. Together, we can advance Wisconsin's infrastructure needs while protecting the natural resources that make our state exceptional."
Elizabeth Ward, Chapter Director of Sierra Club - Wisconsin Chapter
"The bottom line is that rerouting Line 5 prolongs the operation of this pipeline-ticking time-bomb. An oil spill in the Bad River watershed would be catastrophic. You can’t drink oil. You can’t swim in oil or fish in oil. We are committed to stopping Line 5, and we are disappointed that the DNR would allow a false solution from a company with a terrible track record rather than support the Bad River Band and protect the 40 million people who rely on the Great Lakes for safe drinking water."
Terry McGowan, President and Business Manager for Wisconsin’s Operating Engineers Local 139
"On behalf of the 11,500 members of the Operating Engineers Local 139 we are grateful for the incredibly thorough analysis and thoughtful approach the DNR took in the issuance of these permits. Our members can’t wait to get to work on the Line 5 relocation project that will ensure the continued safe operation of a critical source of energy for our state and region. Wisconsinites can be certain our members, and the other trade unions working on this project, will build the safest pipeline in the country."
Debra Cronmiller, Executive Director of League of Women Voters of Wisconsin
"Enbridge's plan to build 40 miles of new pipeline would harm northern Wisconsin’s wetlands, streams, and water bodies, while the continued operation of the line would facilitate ongoing transportation and combustion of fossil fuels and the release of greenhouse gas emissions. Any potential economic benefits of this project would be far outweighed by the potential harm it would cause."
Corey Gall, president of the Wisconsin Pipe Trades Association
"This is a huge win for our state’s workers and families who depend on the energy made possible by Line 5. Wisconsin union pipe welders, who go through the most extensive training on earth, stand ready to get to work on this critical project that will ensure Line 5 continues to supply Wisconsin families with the energy they need."
Emily Park, co-Executive Director of 350 Wisconsin
"At a time when climate change is undeniably one of the most urgent threats facing our planet, it is deeply troubling that the DNR would issue permits for the construction of new fossil fuel infrastructure. Prolonging the use of fossil fuels will increase the frequency and intensity of floods, droughts, heat waves, wildfires, new diseases, and extreme weather events. Instead of building infrastructure that facilitates more carbon emissions, we should be investing in renewable energy, sustainable transportation, and technologies that will help transition to a clean energy future."
Clean Wisconsin attorney Evan Feinauer
"Wisconsin law makes it clear that projects causing harm to our waters must meet a high bar to move forward. Given the enormous impacts that construction of this pipeline would cause, we are skeptical that the proposed project meets these legal standards."