DNR approves Line 5 permits for reroute

The Wisconsin Department of Natural Resources has approved permits for relocating a proposed oil pipeline through part of northern Wisconsin.

The permits would allow Enbridge Energy to circumvent the Bad River Band of Lake Superior Chippewa Indians’ land. The tribe has vigorously opposed the pipeline.

Specifically, the state Department of Natural Resources (DNR) said it would issue an individual wetland and waterway permit with conditions and convey coverage under the department’s Wisconsin Pollution Discharge Elimination System (WPDES) General Permit for Construction Site Storm Water for Enbridge’s proposal to replace a segment of its Line 5 liquid petroleum pipeline in Ashland and Iron counties.

“The wetland and waterway permit authorizes Enbridge to conduct specific construction-related activities that impact navigable waterways and wetlands as specifically described in the permit application, associated plans and permit conditions,” the DNR stated. “The permit contains more than 200 conditions to ensure compliance with the state’s wetlands and waterways standards.”

The permit approval does not mean the company has cleared all regulatory hurdles. Enbridge still needs approval from the U.S. Army Corps of Engineers, and additional DNR permits or approvals for discharge of hydrostatic test water, dewatering of groundwater, burning of slash and incidental take of listed species may also be required, the agency stated. 

According to the DNR, Line 5 is part of an extensive network of petroleum transport pipelines that run for 645 miles from Superior, Wisconsin, to Sarnia, Ontario, including a 12-mile segment that passes through the Bad River reservation. 

“Enbridge is proposing to replace 20 miles of existing pipeline, including the 12-mile segment within the reservation, with 41 miles of new pipeline routed entirely outside the reservation’s border,” the DNR stated. 

After the decision, a coalition of Wisconsin businesses, unions, and farmers applauded the permit approvals. The Wisconsin Jobs and Energy Coalition (WJEC) said the completion of Line 5 is estimated to create more than 700 union construction jobs, pump $135 million into the local economy, and generate millions in additional state and local tax revenue.

“Wisconsin farmers simply can’t do their jobs without the propane, diesel, and gas made possible by pipelines like Line 5,” said Wisconsin Farm Bureau president Brad Olson. “The issuance of the DNR’s Line 5 permits is a huge step forward for our state’s farmers and the hundreds of thousands of people that depend on our agricultural industry to feed their families.”

Cheryl Lytle, executive director of the Wisconsin Propane Gas Association, was equally excited.

“Wisconsin’s propane suppliers have been patiently waiting over four years for the DNR to review this project and ensure this vital piece of the regional propane infrastructure continues to operate,” Lytle said. “We are thankful for the Wisconsin DNR’s diligence and hopeful our state can now avoid the supply and price shock closing down Line 5 would have on the 280,000 families, farms and businesses that depend on propane for heat and fuel.”

Some Bad River tribal members also supported the decision, even though the tribe itself challenged the pipeline in court and has supported shutting the entire pipeline down.

“As a member of the Bad River Band, Ashland resident, and small business owner, I am glad to see the DNR recognize what us supporters of this project have been asserting for some time, that this is a necessary project that has been thoughtfully designed to minimize environmental impact,” Pat Nemec, owner of LK1 Services, said. “The 700 jobs, millions in additional tax revenues, and opportunities for both Native workers and Native-owned businesses involved in this project are a win for the Ashland area and for the members of the Bad River Tribe.”

Enbridge has signed a project labor agreement with the Laborers International Union of North America, International Union of Operating Engineers, International Brotherhood of Teamsters, and United Association of Plumbers and Pipefitters, netting union support, and the company has also committed to spending more than 10 percent of the $450 million budget for the project with Native-owned businesses, including the training and hiring of tribal members, WJEC stated.

Other groups supporting the pipeline include the Wisconsin Corn Growers Association, Wisconsin Building Trades Council, Wisconsin Counties Association, Wisconsin Electric Cooperative Association, Wisconsin Farm Bureau Federation, Wisconsin Independent Businesses, Wisconsin Manufacturers and Commerce, Wisconsin Paper Council, and the Great Lakes Timber Professionals Association.

Tribe, environmentalists not happy

The Bad River Band said the DNR had bowed to Enbridge despite overwhelming public opposition to the pipeline. 

More than 150,000 comments from project opponents have been filed with the Army Corps, tribal leaders said.

“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,” said Bad River Band chairman Robert Blanchard. “We will continue sounding the alarm to prevent yet another Enbridge pipeline from endangering our watershed.”

The tribe has accused Enbridge of illegal trespass across tribal lands with respect to the 12 miles of pipeline running through the reservation, but the tribe also condemned the relocation, saying the proposed 41-mile reroute would involve blasting, horizontal drilling, or trenching across hundreds of wetlands and streams, threatening aquatic species and polluting critical waterways. 

The tribe pointed to a 2022 letter from EPA regional administrator Debra Shore, who wrote that “we believe the project, as currently proposed, ‘will result in substantial and unacceptable adverse impacts’ on the Bad River and the Kakagon-Bad River Sloughs wetland complex.”

Blanchard said the sloughs are an internationally recognized mosaic of sloughs, bogs, and coastal lagoons that provide a critical stopover habitat for migratory birds and harbor the largest wild rice bed on the Great Lakes, and the tribe further says Enbridge’s own analysis shows that shutting down Line 5 would increase the price of gas by less than a penny per gallon in Wisconsin.

“In granting these permits, DNR officials chose to serve Enbridge’s interests at the cost of the Bad River Band’s treaty rights and the state’s future clean water supply,” said Earthjustice senior attorney Stefanie Tsosie, who is representing the Bad River Band. 

“It’s sad that they are willing to gamble the region’s irreplaceable wetlands, the wild rice beds, and even Lake Superior to secure Enbridge’s cash flow.”

An environmental group, Clean Wisconsin, said it was considering a legal challenge to the permits.

“Wisconsin law makes it clear that projects causing harm to our waters must meet a high bar to move forward,” says Clean Wisconsin attorney Evan Feinauer. “Given the enormous impacts that construction of this pipeline would cause, we are skeptical that the proposed project meets these legal standards.”

Feinauer said the permits issued by DNR allow Enbridge to begin clearing trees, digging trenches and filling wetlands and that Clean Wisconsin’s attorneys and scientists were reviewing the documents to determine whether they meet the high bar set by the law and are based on reasonable scientific assessments.

“We will evaluate what actions are needed to protect our state,” Feinauer said.

Under state law, Clean Wisconsin said it can challenge the permits and petition a judge to pause construction until the challenge is resolved.

Midwest Environmental Advocates (MEA), which is representing the League of Women Voters of Wisconsin, 350 Wisconsin, and Sierra Club-Wisconsin Chapter, said it would also carefully review the permits to see if legal action was appropriate. 

“Enbridge’s proposed plan represents a clear threat to the health and safety of Wisconsin communities and the natural resources on which they rely,” Rob Lee, staff attorney for Midwest Environmental Advocates, said. “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.”