Anti-Line 5 graffiti at Enbridge’s pumping station in Mackinaw City, Mich. (Laina G. Stebbins | Michigan Advance)

Canadian energy company Enbridge’s Line 5 traverses an extremely sensitive ecological area across northern Wisconsin, 400 rivers and streams as well as a myriad of wetlands, in addition to a path under the Mackinac Straights between Lake Michigan and Lake Huron, all the while skirting the southern shore of Lake Superior. Such close proximity to the Great Lakes, lakes that hold over 20% of the world’s fresh surface water, lakes that supply drinking water to nearly 40 million people, yes, that does indeed make Line 5 a ticking time bomb.

Northern Wisconsin is also a very culturally sensitive area, home to the Bad River Reservation. The Bad River Band of the Lake Superior Chippewa were guaranteed rights to their lands by an 1854 treaty with the U.S. government. The easements for Line 5 across the reservation, granted to Enbridge by the Chippewa, expired in 2013 and the Bad River Band chose not to renew them. Enbridge continues to operate the line, illegally and in direct violation of the Bad River Band’s right to sovereignty over their land.

The Bad River Band has a guaranteed legal right to their land. They also have a right to Food Sovereignty, the internationally recognized right of food providers to have control over their land, seeds and water while rejecting the privatization of natural resources. Line 5 clearly impinges on the Band’s right to hunt, fish, harvest wild rice, to farm and have access to safe drinking water.

A federal court ruled that Enbridge has been trespassing on lands of the Bad River Band since 2013 and ordered the company to cease operations of Line 5 by June of 2026 (seems that immediate cessation would make more sense), but rather than shut down the aging line, Enbridge plans to build a diversion around the Bad River Reservation. They plan to move the pipeline out of the Bad River Band’s front yard into their back yard, leaving 100% of the threats to people and the environment in place.

Liquid petroleum (crude oil, natural gas and petroleum product) pipelines are big business in the U.S. With 2.6 million miles of oil and gas pipelines, the U.S. network is the largest in the world. If we continue our heavy and growing dependence on liquid fossil fuels, we must realize that we will continue to negatively impact the climate and the lives of everyone on the planet. 

Instead of moving to a just transition away from fossil fuels, liquid or otherwise, the government continues to subsidize the industry through direct payments and tax breaks, refusing to acknowledge the cost of pollution-related health problems and environmental damage, a cost which is of course, incalculable. 

There are nearly 20,000 miles of pipelines planned or currently under construction in the U.S., thus it would appear that government and private industry are in no hurry to break that addiction, much less make a just transition. While no previous administration was in any hurry to break with the fossil fuel industry, they at least gave the illusion of championing a transition to cleaner energy. 

The current administration is abundantly clear. Their strategy is having no strategy. They don’t like wind and solar and they plan to end any support for renewable energy. They don’t care if they upend global markets, banking, energy companies or certainly any efforts to help developing countries transition away from fossil fuels.

Pipelines are everywhere across the U.S., a spiderweb connecting wells, refineries, transportation and distribution centers. The vast majority of pipelines are buried and many, if not all, at some point cross streams, rivers, lakes and run over aquifers. Pipeline ruptures and other assorted failures will continue and spillage will find its way into the bodies of water they skirt around or pass under. It’s not a question if they will leak, but when.

Enbridge controls the largest network of petroleum pipelines in the Great Lakes states, and they are hardly immune to spills. Between 1999 and 2013 it was reported that Enbridge had over 1,000 spills dumping a reported 7.4 million gallons of oil.

In 2010  Enbridge’s Line 6B ruptured and contaminated the Kalamazoo River in Michigan, the largest inland oil spill in U.S. history. Over 1.2 million gallons of oil were recovered from the river between 2010 and 2014. How much went downstream or was buried in sediment, we’ll never know.

In 2024 a fault in Enbridge Line 6 caused a spill of 70 thousand gallons near Cambridge Wisconsin. And Enbridge’s most infamous pipeline, the 71-year-old Line 5 from Superior Wisconsin to Sarnia Ontario, has had 29 spills in the last 50 years, loosing over 1 million gallons of oil.

Some consider Line 5 to be a “public good” because, as Enbridge argues, shutting the line down will shut down the U.S. economy and people will not be able to afford to heat their homes — claims they have never supported with any evidence. A public good is one that everyone can use, that everyone can benefit from. A public good is not, as Enbridge apparently believes, a mechanism for corporate profit.

Line 5 is a privately owned property, existing only to generate profits for Enbridge. If it were a public good, Enbridge would certainly be giving more attention to the rights of the Bad River Band, the well-being of all the people who depend on the clean waters of the Great Lakes and to protecting the sensitive environment of northern Wisconsin and Michigan. They are not. Their trespassing, their disregard for the environment, their continuing legal efforts to protect their bottom line above all else, only points to their self-serving avarice.

The Bad River Band wants Enbridge out, and in their eyes it is not a case of “not in my back yard” they do not want Line 5 in anyone’s back yard. 

Building an underground tunnel for an aging Enbridge oil pipeline that stretches across a Great Lakes channel could destroy wetlands and harm bat habitats but would eliminate the chances of a boat anchor rupturing the line and causing a catastrophic spill, the U.S. Army Corps of Engineers said Friday in a long-awaited draft analysis of the proposed project’s environmental impacts.

The analysis moves the corps a step closer to approving the tunnel for Line 5 in the Straits of Mackinac. The tunnel was proposed in 2018 at a cost of $500 million but has been bogged down by legal challenges. The corps fast-tracked the project in April after President Donald Trump ordered federal agencies in January to identify energy projects for expedited emergency permitting.

A final environmental assessment is expected by autumn, with a permitting decision to follow later this year. The agency initially planned to issue a permitting decision in early 2026.

With that permit in hand, Enbridge would only need permission from the Michigan Department of Environment, Great Lakes and Energy before it could begin constructing the tunnel. That’s far from a given, though.

Environmentalists have been pressuring the state to deny the permit. Meanwhile, Michigan Attorney General Dana Nessel and Gov. Gretchen Whitmer are trying to win court rulings that would force Enbridge to remove the existing pipeline from the straits for good.

Construction could have major short-term, long-term impacts

The analysis notes that the tunnel would eliminate the risk of a boat anchor rupturing the pipeline and causing a spill in the straits, a key concern for environmentalists. But the construction would have sweeping effects on everything from recreation to wildlife.

Many of the impacts, such as noise, vistas marred by 400-foot (121-meter) cranes, construction lights degrading stargazing opportunities at Headlands International Dark Sky Park and vibrations that would disturb aquatic wildlife would end when the work is completed, the report found.

Other impacts would last longer, including the loss of wetlands and vegetation on both sides of the strait that connects Lake Huron and Lake Michigan, and the loss of nearly 300 trees that the northern long-eared bat and tricolored bat use to roost. Grading and excavation also could disturb or destroy archaeological sites.

The tunnel-boring machine could cause vibrations that could shift the area’s geology. Soil in the construction area could become contaminated and nearly 200 truck trips daily during the six-year construction period would degrade area roads, the analysis found. Gas mixing with water seeping into the tunnel could result in an explosion, but the analysis notes that Enbridge plans to install fans to properly ventilate the tunnel during excavation.

Enbridge has pledged to comply with all safety standards, replant vegetation where possible and contain erosion, the analysis noted. The company also has said it would try to limit the loudest work to daytime hours as much as possible, and offset harm to wetlands and protected species by buying credits through mitigation banks. That money can then be used to fund restoration in other areas.

“Our goal is to have the smallest possible environmental footprint,” Enbridge officials said in a statement.

The Sierra Club issued a statement Friday saying the tunnel remains “an existential threat.”

“Chances of an oil spill in the Great Lakes — our most valuable freshwater resource — skyrockets if this tunnel is built in the Straits,” the group said. “We can’t drink oil. We can’t fish or swim in oil.”

Julie Goodwin, a senior attorney with Earthjustice, an environmental law group that opposes the project, said the corps failed to consider the impacts of a spill that could still happen on either side of the straits or stopping the flow of oil through the Great Lakes.

“My key takeaways are the Army corps has put blinders are in service to Enbridge and President Trump’s fossil fuel agenda,” she said.

Tunnel would protect portion of Line 5 running through straits

Enbridge has been using the Line 5 pipeline to transport crude oil and natural gas liquids between Superior, Wisconsin, and Sarnia, Ontario, since 1953. Roughly 4 miles of the pipeline runs along the bottom of the Straits of Mackinac.

Concerns about the aging pipeline rupturing and causing a potentially disastrous spill in the straits have been building over the last decade. Those fears intensified in 2018 when an anchor damaged the line.

Enbridge contends that the line remains structurally sound, but it struck a deal with then-Michigan Gov. Rick Snyder’s administration in 2018 that calls for the company to replace the straits portion of the line with a new section that would be encased in a protective underground tunnel.

Enbridge and environmentalists spar in court battles

Environmentalists, Native American tribes and Democrats have been fighting in court for years to stop the tunnel and force Enbridge to remove the existing pipeline from the straits. They’ve had little success so far.

A Michigan appellate court in February validated the state Public Service Commission’s permits for the tunnel. Nessel sued in 2019 seeking to void the easement that allows Line 5 to run through the straits. That case is still pending. Whitmer revoked the easement in 2020, but Enbridge challenged that decision and a federal appellate court in April ruled that the case can proceed.

Another legal fight over Line 5 in Wisconsin

About 12 miles (19 kilometers) of Line 5 runs across the Bad River Band of Lake Superior Chippewa’s reservation in northern Wisconsin. That tribe sued in 2019 to force Enbridge to remove the line from the reservation, arguing it’s prone to spilling and that easements allowing it to operate on the reservation expired in 2013.

Enbridge has proposed a 41-mile (66-kilometer) reroute around the reservation. The tribe has filed a lawsuit seeking to void state construction permits for the project and has joined several other groups in challenging the permits through the state’s contested case process.

Army Corps analysis: Great Lakes pipeline tunnel would have sweeping environmental impacts is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

A billboard promoting Enbridge Inc. (Susan Demas | Michigan Advance)

Over two days of hearings this week, members of the Bad River Band of Lake Superior Chippewa, environmental advocates and experts testified against the U.S. Army Corps of Engineers granting a permit to reroute Enbridge’s Line 5 oil and natural gas pipeline in northern Wisconsin. 

The tribe’s testimony was one of its last chances to prevent the new pipeline from being installed upstream of its reservation — which the tribe says will harm water quality in the watershed, encourage the growth of invasive species and damage wetlands, diminishing the ability to filter pollutants out of runoff before reaching surface waters. 

Enbridge insists the reroute plans do everything possible to minimize the environmental effect of pipeline construction and operation while industry groups and labor unions say the project has been vetted to ensure it isn’t harmful and that the arguments against the environmental effects of construction could be used to slow down any project in the state, not just those the tribe disagrees with politically. 

Last year, the Wisconsin Department of Natural Resources issued its own permits for the company to build the pipeline with more than 200 added conditions to ensure compliance with state standards. Months after the DNR’s permit decision, a separate pipeline operated by Enbridge in Wisconsin spilled 69,000 gallons of crude oil in Jefferson County. 

The tribe is also challenging the DNR’s permit determination in a series of hearings later this summer. 

For decades, Line 5 ran through the tribe’s reservation and in 2023 a federal judge ordered that it be shut down. Since 2020, Enbridge has been working on a plan to reroute the pipeline, which runs from far northwest Wisconsin 645 miles into Michigan’s Upper Peninsula, under the Straits of Mackinac and across the U.S. border into Canada near Detroit. It transports about 23 million gallons of crude oil and natural gas liquids daily.

At the hearings this week, the tribe argued that under the Clean Water Act, the Corps shouldn’t grant the permits because the tribe has determined the new pipeline will negatively affect its water quality. 

Tribal chairman makes the case against Line 5

“Our people have resided in the Bad River watershed for hundreds of years,” Robert Blanchard, the tribe’s chairman, said Tuesday. “It’s our homeland. If the U.S. Army Corps grants these permits, Enbridge is undoubtedly going to destroy and pollute our watershed by trenching, blasting and horizontal drilling across hundreds of upstream wetlands and streams. I’m asking the U.S. Army Corps to think of the people and all the living things this will affect, and to deny the permit for this project.”

During Tuesday’s testimony, Blanchard added, “When I look at my homelands, I see it through the eyes of my grandfather, who saw it through the eyes of his grandfather.” 

Blanchard said he wants his grandchildren to be able to see their homelands through his eyes, too. He recounted boating up the Bad River toward Lake Superior as a boy, catching fish with his elders to eat or to sell at the market. His grandfather taught him to hunt and gather and to this day Blanchard gathers medicinal herbs which are used by his community, he said. He remembers the lumber companies that clear cut the forests, and, he said, some of his loved ones have died of cancer after living near an industrial dump site. 

“That was all in the Bad River watershed,” said Blanchard. He stressed that in tribal tradition, all things in nature have spirit, including the water. To the Bad River Band, nature is not only critical to human survival, it is a sacred thing to be protected. 

In their testimony Tuesday, Enbridge consultants and researchers downplayed concerns about how the pipeline reroute could harm local ecosystems. Just over 118 acres of forest will need to be cleared during construction and turned into a managed grassland. Experts testifying for the company said that the underground pipeline will not act as an underwater dam and disrupt groundwater flow, nor will the explosives used to blast trenches for the pipeline present a danger. Other concerns such as radioactive contamination, PFAS pollution (often called forever chemicals) and arsenic are not used by the project, and have not been detected in the area. 

Although Enbridge’s consultants and experts argued that the project would not violate the Bad River Band’s water quality standards, the Band itself disagreed, citing concerns about pollutants, water quantity and quality, hydrology, mineral content and water temperature. 

Connie Sue Martin, and environmental attorney who testified against the project said the Bad River Band “is the expert” on water quality in the area, not U.S. government agencies including the Environmental Protection Agency (EPA).

Esteban Chiriboga, a geologist with the Great Lakes Indian Fish and Wildlife Commission, testified that the rerouted pipeline’s distance from the reservation is irrelevant because contaminants can travel. Using imagery from Laser Imaging, Detection and Ranging (LIDAR) technology, Chiriboga demonstrated that waterways and flow channels between rivers, creeks and wetlands are interconnected. Others who spoke against the project on Tuesday expressed concerns about the potential for increased runoff, soil erosion, and the spread of invasive species as consequences of the project. 

On Wednesday, much of the tribe’s testimony centered around the ways in which the tribe’s members rely on the Bad River and its tributaries. 

“You will not find another community so dependent upon subsistence harvesting and dependent upon the health of our environment,” said Dylan Jennings, a member of the tribe and former appointee of Gov. Tony Evers to the state Natural Resources Board. “Simply put, our community maintains a relationship with the entire ecosystem and not a segmented area, we continue to utilize an entire system approach which naturally extends beyond our reservation boundaries.” 

Union members testify in favor of Line 5

During the public comment period of the hearing Wednesday, a number of labor union representatives defended the project as a source of local jobs and environmentally safe. Chad Ward, a representative of the Teamsters Local 346, said members of his union will work on the project and live locally, so they take “very seriously our commitment to the community and the environment around the construction site.” But, he said, the tribe’s complaints could be made about any construction project in the area. 

“I and others have grave concerns that the assertions made by the tribe could have impacts well beyond the Line 5 project itself,” Ward said. “Construction practices considered industry and regulatory best practices for environmental protection are cited as reasons by the tribe for why this project should not proceed, practices that are standard use all over the country” 

“They are practices the Band has been fine with for dozens of projects in the same area,” he continued. “This leaves the impression that these concerns are more based on the political views of the project than the construction method themselves. And while they’re entitled to their political views, it is the job of the permitting process to determine if the laws and regulations are being followed, not weigh the political arguments.” 

After Wednesday, the Army Corps will accept written comments on the permit approval for 30 days and then can make a decision any time after that. The hearings on the legal challenge to the DNR permits begin Aug. 12 in Ashland.

A sign protesting Enbridge Line 5 in Michigan. (Laina G. Stebbins | Michigan Advance)

The Bad River Band of Lake Superior Chippewa is preparing to argue against the U.S. Army Corps of Engineers issuing a permit to reroute Enbridge’s Line 5 oil pipeline in northern Wisconsin. 

For years, the tribe has fought against Line 5, which runs from far Northwest Wisconsin 645 miles into Michigan’s Upper Peninsula, under the Straits of Mackinac and across the U.S. border  into Canada near Detroit. It transports about 23 million gallons of crude oil and natural gas liquids daily. 

An underground section of the pipeline currently passes near a bend in the Bad River on the tribe’s reservation. In 2023, a federal judge ruled that the company was trespassing on tribal land and gave Enbridge three years to shut down the pipeline. 

Since 2020, Enbridge has been working on rerouting the pipeline about 41 miles away from tribal land. That proposal requires permits to be issued by the Wisconsin Department of Natural Resources and the U.S. Army Corps of Engineers. 

The tribe is also currently challenging the state’s permitting process. Hearings will be held in August, September and October in Madison and Ashland in which an administrative law judge will hear arguments against the DNR’s decision to issue permits for the project. 

Army Corps approval of Enbridge’s plan to replace a separate section of the pipeline on the floor of the Straits of Mackinac has been fast tracked under President Donald Trump’s executive order declaring a national energy emergency, but the Bad River section of the pipeline is still moving forward under the normal approval process. 

On Tuesday and Wednesday, the Bad River Band and its attorneys will present to the Corps their finding that the proposed rerouted pipeline, which would pass the Bad River upstream of the reservation, threatens the tribe’s water quality and therefore violates the Clean Water Act. 

The tribe’s presentation is scheduled to take all day Tuesday and some of Wednesday. Members of the public will then be able to provide public comment during a virtual hearing and send written comments for 30 days after the hearing. 

Robert Blanchard, the tribe’s chairman, says he’s working to protect the tribe’s resources and way of life by bringing the challenge. 

“Ultimately, we are protecting our resources. We’re downstream from this project. If it were to go in, were to happen, there’s a lot at stake just with how this will affect our waters,” he says. “We have one of the biggest wild rice areas on the Great Lakes. We have a lot of medicines that I and members of my community collect that have been around for hundreds of years, and we have hunting and fishing rights that will be affected. You know, if we can’t use those because of what’s happening upstream, then that will affect our way of life.” 

Juli Kellner, a spokesperson for Enbridge, says the hearings this week are an important step for completing the project, which she adds won’t affect water quality. 

“Extensive and thorough analysis by leading, third-party experts has confirmed that construction impacts will be temporary and isolated, have no measurable impact on water quality, and will not violate the Bad River Band’s water quality standards,” Kellner says. “The project will have environmental protections and restoration plans in place, as approved by state regulators. State permits were issued last fall. We’re confident the Corps is close to completing its process which has included more than five years of public input, expert studies, and rigorous review. In fact, this is one of the most studied projects in Wisconsin’s history.” 

Under the Clean Water Act, if the Corps finds that the project will adversely affect a downstream jurisdiction’s water quality and there are no conditions that can be put on the permit to ensure water quality standards aren’t violated, the permit cannot be granted, according to the tribe’s attorney, Stefanie Tsosie. 

“We are presenting evidence to the Army Corps that the band’s water quality standards will be affected, and there are no conditions that they can put on the project permit such that they can issue it,” she says. “So, I think our hope here is one, to show how much the project is going to impact the advanced water quality, but then two, urge the Corps to not issue the section 404 permit eventually.” 

But the hearing is taking place as the Trump administration has worked to encourage more extraction of natural resources, boost the oil industry and go easier on polluters. Last week, the climate-focused news outlet Grist reported that under Trump, the EPA has practically stopped enforcing the country’s environmental laws. 

Tsosie says all the tribe can work with is what the law says. 

“Well, the standard in the Clean Water Act is pretty clear,” she says. “And that’s statute, so that’s what we’re going with.” 

Blanchard says he can’t forecast what the Corps is going to do, but he can just make his best case that granting the permit will be harmful to everyone who lives downstream. 

“I wish I had that crystal ball to be able to forecast that, but I don’t, so what we’re going to do tomorrow is do our very best to convince them that this is the way it should be,” he says. “We need to look after our Mother Earth, to pay attention to what we’re doing, what’s happening to it, and like I said before, it’s going to affect not just our way of life and not just those that live in the region, not just us as Anishinaabe people, but everybody.” 

If the Corps grants the permit, that decision could still be challenged in court.