Wisconsin DNR issues permits to reroute Enbridge Line 5

MADISON, Wisconsin – Enbridge’s controversial plan to reroute an aging pipeline around the North Wisconsin tribal reservation moved closer to reality Thursday after the company received its first permits from state regulators.

Wisconsin Representatives of the Department of Natural Resources announced that they had issued construction permits Line 5 reroutes around the Bud River Strip in the Upper Chippewa Lake Reservation. The energy company still needs emission permits from the DNR as well as the US Army Corps of Engineers.

The project caused fierce opposition. The tribe wants the pipeline off its land, but tribal members and environmentalists say rerouting construction would harm the region’s watershed and perpetuate the use of fossil fuels.

The DNR issued construction permits with more than 200 conditions. The company must complete the project by Nov. 14, 2027, hire DNR-approved environmental monitors and allow DNR staff access to the facility during reasonable hours.

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The company must also notify the agency within 24 hours of any permit violations or spills of hazardous materials affecting wetlands or waterways; no drilling fluid may be discharged into wetlands, waterways or sensitive areas; keep spill containment equipment at points of entry and exit from the workplace; and monitoring the introduction and spread of invasive plant species.

Enbridge officials released a statement praising the approval, calling it a “significant step” toward construction that will ensure a reliable flow of energy to Wisconsin and the Great Lakes region.

Bad River tribal leaders warned in their own statement Thursday that the project would require blasting, drilling and trenching that would devastate wetlands and streams and threaten the tribe’s wild rice beds. The tribe noted that investigations revealed violations of water quality and three violations of the aquifer related to the construction of the Line 3 pipeline in northern Minnesota.

“I am outraged that the DNR has signed off on a half-hearted plan that spells disaster for our homeland and our way of life,” Bad River Chairman Robert Blanchard said in a statement. “We will continue to raise the alarm to prevent another Enbridge pipeline from endangering our watershed.”

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Line 5 transports up to 23 million gallons (approximately 87 million liters) of oil and natural gas daily from Superior, Wisconsinthrough Michigan to Sarnia, Ontario. About 12 miles (19 kilometers) of the pipeline runs through the Bad River Reservation.

In 2019, the tribe sued Enbridge to force the company to remove the pipeline from the reservation, arguing that the 71-year-old line was prone to catastrophic spills and that land easements that allowed Enbridge to operate on the reservation expired in 2013.

Enbridge proposed rerouting the 41-mile (66-kilometer) route around the reservation’s southern boundary.

The company only has about two years to complete the project. U.S. District Judge William Conley last year ordered Enbridge must shut down a portion of the pipeline that crosses the reservation for three years and pay the tribe more than $5 million for the intrusion. Enbridge’s appeal is pending in a federal appeals court in Chicago.

Michigan Attorney General Dana Nessel, a Democrat, filed a lawsuit in 2019 seeking to shut down the dual portion of Line 5, which runs under the Straits of Mackinac, the narrow waterway that connects Lakes Michigan and Huron. Nessel argued that anchor strikes could rupture the line, leading to a devastating spill. That lawsuit is still pending before a federal appeals court.

Michigan regulators in December approved the company’s $500 million plan to install part of the pipeline under the straits in tunnel to reduce the risk. The plan is pending approval by the US Army Corps of Engineers.

Reaction

Bill Carroll, president of the United Council of Wisconsin Commanders 39

“After four years of careful review, these permits mean the Line 5 relocation project will be built in accordance with Wisconsin’s environmental standards and in a way that protects our state’s natural resources. Our highly qualified and experienced staff are looking forward to getting started on this important project.”

Rob Lee, staff attorney for Midwest Environmental Advocates

“Enbridge’s proposed plan poses a clear threat to the health and safety of Wisconsin communities and the natural resources they rely on. The DNR’s decision to issue permits for the project ignores the serious concerns of thousands of people who called on the DNR to reject Enbridge’s permit. addition”.

Wisconsin Building Council Executive Director Emily Pritzkow

“We are grateful to the Wisconsin Department of Natural Resources for moving forward with the permitting process to reroute Pipeline 5. This decision reflects a deliberate and balanced approach to meeting the state’s energy infrastructure needs while ensuring a responsible environmental attitude.

“The Line 5 relocation project is a win for Wisconsin workers, their families and the Wisconsin economy. In addition to creating more than 700 union jobs, this project will provide the energy our state’s families and economy need to survive. members are committed to executing this project with the utmost skill and professionalism, prioritizing safety at every step.

“Line 5 has been a critical component of Wisconsin’s power grid for decades, providing reliable access to essential resources. The changed route ensures the highest safety standards thanks to the use of advanced technologies and construction methods. Together, we can improve Wisconsin’s infrastructure while protecting the natural resources that make our state exceptional.”

Elizabeth Ward, Director, Sierra Club – Wisconsin Chapter

“The bottom line is that rerouting Line 5 prolongs the life 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 We are committed to stopping Line 5 and are disappointed that the DNR would allow a bogus decision from a company with a terrible track record instead of supporting the Bad River Band and protecting the 40 million people who rely on the Great Lakes. safe drinking water”.

Terry McGowan, president and business manager of Wisconsin’s Operating Engineers Local 139

“On behalf of the 11,500 members of Operating Engineers Local 139, we are grateful for the incredibly thorough analysis and thoughtful approach that the DNR took in issuing these permits. Our members can’t wait to get to work on the Line 5 relocation project, which will ensure the continued safe operation of a critical energy source for our state and region, and can be confident that our members and other unions working on this project will build the safest pipeline possible in the country”.

Debra Kronmiller, executive director of the League of Women Voters of Wisconsin

“Enbridge’s plan to build 40 miles of new pipeline will harm northern Wisconsin’s wetlands, streams and reservoirs, while continuing to operate the line will contribute to current transportation and fossil fuel burning and greenhouse gas emissions. Any potential economic benefits of this project will be far outweighed by the potential harm it will 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 power made possible by Line 5. Wisconsin’s union pipe welders, who have undergone the most rigorous training on earth, are ready to get to work on this important project that will ensure Line 5 continues to provide Wisconsin families with the energy they need.”

Emily Park, Co-Executive Director of 350 Wisconsin

“At a time when climate change is clearly one of the most pressing threats facing our planet, it is deeply troubling that the DPR would issue permits for new fossil fuel infrastructure. Continued 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 contributes to carbon emissions, we should invest 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 that harm our waters must meet a high bar to move forward. Given the enormous impact that construction of this pipeline would have, we are skeptical that the proposed project meets these legal standards.”