Activism against Line 5 includes members of the Bad River Band of Lake Superior Chippewa and residents across Wisconsin, including at this home in Madison. (Henry Redman | Wisconsin Examiner)

Environmental groups are blasting what some are calling a “premature and unlawful decision” by the U.S. Army Corps of Engineers to approve federal permits for the Enbridge Line 5 pipeline project in northern Wisconsin. The permits have been issued despite an ongoing court challenge to state-level permits  and before Wisconsin’s water quality certification for the project has been finalized. 

“This is a clear violation of the Clean Water Act,” said Rob Lee, staff attorney with Midwest Environmental Advocates. “It appears the Army Corps is fast-tracking a fossil fuel project at the expense of environmental protection and legal due process.”

In June, Midwest Environmental Advocates submitted formal comments during a public hearing warning the Army Corps to not approve the permits until a final water quality certification had been issued by the Department of Natural Resources (DNR). A water quality permit had been issued in November but that permit  is still the subject of litigation and therefore has not been  finalized. 

“Federal law is clear,” Lee said in a statement. “The Army Corps can’t approve this project without final water quality certification from the relevant state authority. The DNR’s certification is still being challenged in court, which means it’s not legally final — and that makes this permit premature and unlawful.” 

Debra Cronmiller, executive director of the League of Women Voters of Wisconsin said in a statement that the group was “horrified that the Army Corps is willing to condone an extremely dangerous project that will irreparably destroy the integrity of the watershed.” Conmiller added that  “the damage, not to mention the long term risks associated with the pipeline itself, must be considered before any such project would be granted permits to proceed.” 

Owned by the Canadian oil giant Enbridge, Line 5 is an over 70-year old  pipeline carrying thousands of gallons of crude oil from Canada into the U.S. A federal court ruled pipeline route has been trespassing on the Bad River Band of Lake Superior Chippewa’s reservation. Enbridge’s planned  reroute is also being challenged before an administrative law judge.  Advocates for the pipeline say it will generate 700  jobs and boost Wisconsin’s energy sector, while critics  argue that the pipeline’s new route would continue to threaten the Bad River watershed and other ecosystems in the event of a catastrophic oil spill. .

Clean Wisconsin has intervened in the administrative challenge to the planned pipeline reroute. “The health of these ecosystems is critical to Tribal Nations, fisheries, and local economies across the region,” said Clean Wisconsin President Mark Redsten in a statement. The group highlighted that tourism alone generates $378 million in economic activity and supports over 2,800 jobs in Bayfield, Ashland, Douglas and Iron counties.

In the past, Enbridge pipeline spills have devastated waterways and habitats. Another Enbridge pipeline leaked over 69,000 gallons of oil before the breach was noticed in late 2024, the same week environmental and trial groups filed new legal challenges of the Line 5 reroute. 

Emily Park, co-executive director of 350 Wisconsin, said the group was “deeply disturbed” by the decision. “Wisconsinites and millions of other residents of the region depend on clean and healthy water for our lives, food, jobs, and recreation,” said Park. “We are appalled that the Army Corps is willing to appease a foreign corporation by risking the health of water, the stability of our climate, and the wellbeing of current and future generations.”

By “fast-tracking the Line 5 reroute,” said Sierra Club Wisconsin Chapter Director Elizabeth Ward, “the Army Corps has backed Canadian oil giant Enbridge at the expense of the Bad River Band, Wisconsinites, and the 40 million people who rely on the Great Lakes for safe drinking water. There’s no safe way to reroute this pipeline. Every day that Line 5 continues to operate, our water, ecosystems, and way of life is in danger.”

Democrats and pro-democracy organizations held a rally Thursday to call for the creation of an independent redistricting commission. (Henry Redman | Wisconsin Examiner)

A group of pro-democracy organizations held a rally, attended by Democratic legislators, Thursday afternoon outside the state Capitol to push for the creation of an independent commission tasked with drawing the state’s legislative maps. 

The renewed push for permanently taking the construction of Wisconsin’s political maps out of the hands of politicians comes amid a national debate about gerrymandering and as the state’s Democrats are outlining what state government will look like if they hold power in all three branches after next year’s midterm elections. 

Across the country, Democrats — who have for years been the party calling for a nonpartisan process for drawing political maps — are weighing the merits of “unilaterally disarming” by putting the drawing of maps in the hands of independent bodies in blue states while Republicans are redrawing maps in red states such as Texas in an explicit effort to hold on to their slim congressional majority. 

Next month, voters in California will weigh in on a referendum asking if the Democrats in control of the state’s government can temporarily bypass the independent map-drawing commission and redraw maps to benefit Democrats as a counter to the Republican effort in Texas. 

State Rep. Francesca Hong (D-Madison), a candidate in the Democratic primary for governor, told the Wisconsin Examiner after the Thursday rally that Wisconsin Democrats should push for a permanent resolution to the state’s map debate because a more effective counter to increasing authoritarianism than tit-for-tat congressional gerrymanders is creating systems that allow government to be more responsive to voters’ wishes. 

“Here in Wisconsin, what the people want are permanent fair maps, and that means keeping the decision of redistricting out of politicians’ hands and within a group of nonpartisan folks,” she said. “If we’re going to have representative democracy, that’s what we need. But we also have to remember to be proactive, and that’s why the permanent fair maps matter. And if we’re going to be responsive to an eroding democracy, that’s also how we should be empowering the people …” 

After Thursday’s rally, the advocates — including members of the Wisconsin Democracy Campaign, League of Women Voters of Wisconsin and Fair Maps Wisconsin Coalition — were going into the Capitol to deliver the draft of their plan to legislators. 

Under the plan, the state Department of Administration would be responsible for managing the selection of 18 independent redistricting commission members (15 acting members and three reserve members). 

The membership would be divided evenly between representatives of the two major political parties and unaffiliated. Members would not be allowed to hold other public offices and could not be a family member of a public office holder. Lobbyists and anyone who has donated more than $2,000 to a candidate for office in a year over the previous five years wouldn’t be allowed to sit on the commission. 

After the DOA selects a pool of 240 applicants, the majority and minority leaders of both legislative chambers would be allowed to strike down a certain number of candidates. 

The IRC would be required to hold public hearings while it deliberates on the maps. Approval of final maps would have to come through a two-thirds majority vote that includes votes from members representing the interests of both major parties and the independents. 

The plan includes a provision for members to rank proposed maps if such a “multi-partisan agreement” can’t be reached. 

Any proposed maps from the commission would need to still be approved by the Legislature and governor within 30 days. If maps aren’t approved, the Legislature or governor must provide a written explanation to the commission and the commission would have 15 days to respond or provide new maps. 

The Legislature and governor would have three attempts to approve maps before Aug. 15 of a redistricting year. If maps can’t be codified by then, anyone in the state would have the authority to file a lawsuit with the Wisconsin Supreme Court to adopt a commission-proposed map. 

Democrats said at the rally that they want to make sure the commission is crafted in a way that prevents meddling after the fact from politicians. Redistricting commissions in states such as Iowa and Ohio have been undermined once their proposals were subjected to the political process. 

Sen. Jeff Smith (D-Brunswick) said Republican legislators like the Iowa-style commission because if they vote down the commission’s proposals three times, the map-drawing authority returns to the Legislature. 

“They figured out the flaw in that model,” he said. “That is why we need a Wisconsin model, a Wisconsin model that works for all of us.”