Enbridge Energy Faces New Pipeline Lawsuit After Permit Approval

Enbridge Energy received crucial permit approvals from the Department of Natural Resources last week, and will now face new legal action.

The permit approvals allow the company to begin preparations for the rerouting project of the Line 5 pipeline that has been at the center of legal controversy. The pipeline currently runs through the Bad River Band of Lake Superior Chippewa Reservation. Members of the Bad River Band sued over the pipeline in 2019, and in 2023 Enbridge Energy was ordered to shut down the parts of the pipeline that ran through the reservation and pay over $5 million for trespassing.

Since that lawsuit, the company has been planning to relocate the pipeline to go around the reservation rather than through it. Still, members of the Bad River Band and environmental activists say the proposed relocation could still impact local plants and wildlife in the event of an oil spill. In September, the DNR released an environmental impact statement concluding that the possibility of a spill or pipe failure is extremely remote.

In a press release on Thursday, the Department of Natural Resources announced that it had issued individual wetland and waterway permits for the relocation project with over 200 conditions to ensure compliance. Enbridge Energy still needs permit approval from the U.S. Army Corps of Engineers to discharge dredged or fill material under the Clean Water Act.

According to a WXPR report, attorneys with Clean Wisconsin plan to challenge the issuing of the DNR permits and request a pause on construction until the case is resolved. Attorneys with Earthjustice, the organization representing the Bad River Band, say there are still many more approvals needed before the company can go forward with the relocation project.

Proponents of the project say the relocation would create hundreds of jobs in the region and provide millions of dollars in tax revenue. The Line 5 pipeline transports oil from Superior to Michigan.