A marker for a segment of Enbridge Line 6 in northern Wisconsin. A leak in the line in Jefferson County is now under investigation by the Wisconsin Department of Natural Resources. (Photo | Frank Zufall)

The Wisconsin Department of Natural Resources (DNR) is investigating a major leak from a pipeline managed by the Canadian oil giant Enbridge. Last weekend environmental groups sounded the alarm after learning that Enbridge’s Line 6 pipeline had spilled the equivalent of 1,650 barrels — more than  69,000 gallons — of crude oil  in the town of Oakland in Jefferson County. 

The DNR issued a statement saying that a report of a two-gallon spill was sent to the state agency on Nov. 11. Notifications were sent by Enbridge to the DNR, the National Response Center (NRC), and the Pipeline and Hazardous Materials Safety Administration (PHMSA). The DNR then visited the site on Nov. 11 and 12, with additional follow-up on Dec. 6, according to the agency. On Nov. 14, the spill quantity was updated to 126 gallons (or 2-3 barrels). On Dec. 13, Enbridge again revised the spill estimation to 1,650 barrels (or 69,300 gallons) of crude oil. 

“Under Wisconsin law, entities that cause environmental contamination are responsible for reporting and remediating the contamination,” the DNR states. “Enbridge is providing weekly updates to the DNR regarding the investigation and cleanup process. As investigation and cleanup is an iterative process, the DNR continues to evaluate appropriate next steps, including any potential enforcement actions such as a corrective action order.”

Using the GPS coordinates from the accident report and Google Maps, Wisconsin Examiner found that the spill occurred near a roadway running through a grassy, wooded area. The spill occurred near a waterway that flows into Lake Ripley, close to  a grouping of nature preserves and campgrounds. The accident report noted that the pipeline’s leak detection systems did not notify anyone of the leak. 

The Line 6 leak occurred during the same week that environmental and tribal groups filed new legal challenges against Enbridge’s proposed Line 5 pipeline reroute. Opponents of Line 5 are concerned  that the pipeline, which currently runs through the Bad River Band of Lake Superior Chippewa’s reservation, will still present environmental hazards even if it is  rerouted around tribal lands. The Bad River Band argues that the pipeline poses a risk to the health of the Bad River, which the tribe relies on for food, medicine, and important cultural practices. Environmental groups echo those concerns, and feel state and federal agencies have failed to adequately evaluate the environmental risks posed by  Enbridge Line 5. 

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

“The land does not belong to us, it is borrowed by us from our children’s children” said Robert Blanchard, chairman of the Bad River Band of Lake Superior Chippewa. “We harvest our wild rice from the waters, we hunt from the land, fish from the lake, streams, and rivers to feed our families and gather the medicines to heal our relatives.” 

The Bad River Band cites this relationship with the land in its fight against the Enbridge Line 5 pipeline, which has operated in trespass on the Bad River Band’s reservation for years. Now, the Band and its allies are challenging the Wisconsin Department of Natural Resources (DNR) decision to grant permits that the Canadian oil company Enbridge will need to construct a re-route of the pipeline. The new route no longer trespasses on the reservation, it will still run through the Bad River watershed. The tribe and a coalition of state environmental groups say a spill in that area could be devastating.

Last Thursday, Midwest Environmental Advocates, 350 Wisconsin, the Sierra Club of Wisconsin and the League of Women Voters of Wisconsin filed a petition for a contested case hearing with the DNR, challenging DNR permitting for Line 5. Shortly after filing the challenge, Midwest Environmental Advocates received a report of a 69,000-gallon oil spill in Jefferson County.

According to an accident report shared with Wisconsin Examiner, the spill originated from Enbridge’s Line 6 pipeline. Some 1,650 barrels of crude oil are estimated to have leaked from the pipeline, with 42 gallons to a barrel. When plugged into Google Maps, GPS data in the accident report point to a roadway running through a grassy, wooded area. The map shows that the spill occurred near a waterway that flows into Lake Ripley, not far from a group of nature preserves and campgrounds. Although the pipeline segment had a leak detection system, the accident report states that this didn’t alert anyone to the leak, which was first noticed on Nov. 11 by an Enbridge technician.

Line 6 is one of four pipeliness that run from Superior, Wisconsin, to Illinois. It carries crude oil from Superior to Lockport, Illinois.

Tony Wilkin Gibart, executive director of Midwest Environmental Advocates, said in a statement that the Line 6 spill highlights the dangers of Line 5. “Consider that in the very same week that DNR issued permits for Line 5 based on its conclusion that the risk for a spill would be ‘low,’ DNR was investigating a significant oil leak on another Enbridge pipeline in Wisconsin,” said Gibart. “DNR’s reasoning for approving Line 5 defies common sense.”

In November, the DNR decided to issue wetland and waterway permits to Enbridge as a step towards moving the pipeline off the Bad River reservation. The DNR highlighted that the wetland permits would include over 200 conditions which Enbridge would need to honor, and which would keep the company in compliance with Wisconsin’s wetland and waterway standards. Both the DNR and the U.S. Army Corps of Engineers would need to approve the permits before construction of the reroute could begin. 

“Many of our people will feel the effects if we lose these resources,” said Blanchard. “In my view, the DNR failed our children when it gave Enbridge the permits to build this reroute. They failed to consider the company’s multiple disasters in Minnesota and in Michigan, which are still being cleaned up. They failed to consider our tribe, our water quality, and the natural resources of the entire Bad River watershed. As a tribal chairman and an elder, it’s my responsibility to protect the generations still to come. That’s why we are fighting this reroute in court.”

The Band is represented by EarthJustice in a lawsuit filed against the DNR which, like the petition filed last week by the environmental groups, accuses the state agency of producing an inadequate final Environmental Impact Statement on the reroute which violates the Wisconsin Environmental Protection Act. 

Blanchard highlighted his tribe’s reliance on wild rice fields growing along the Bad River and Lake Superior, as well as natural medicines, wild game, and the land itself which are crucial to the Bad River Band’s cultural practices and way of life. Every year the tribe holds an annual wild rice harvest, and Bad River Band members hunt and gather from the land all year. 

“If something was to happen during that time, or when that pipeline is in place, you know, it’s really going to affect a lot of things that we do here, and the way that we do things here on the reservation as far as our way of life,” Blanchard warned. 

Currently the Line 5 pipeline crosses the Bad River inside the boundaries of the reservation. If the reroute goes through,  Enbridge would construct 41 miles of new pipeline to cross the river outside of reservation land. The reroute would still place the natural resources the tribe relies on in danger if an oil spill or leak were to occur. 

Stefanie Tsosie, senior staff attorney at Earthjustice, also warned that constructing new pipeline damages natural formations and resources which are often irreplaceable. “Once construction starts they can’t undo the damage,” Tsosie said in a statement. “Enbridge has a terrible track record for pipeline construction and operation. And this place — this watershed and this territory — is not another place they can just plow through.” 

Opponents to the pipeline point to a history of ecological disasters due to spillage from Enbridge pipelines. In 2010, millions of gallons of crude oil contaminated the Kalamazoo River, creating a crisis which took years to address. Over the past 50 years, Enbridge’s Line 5 pipeline has spilled over 1 million gallons in dozens of different incidents. 

Today, an area known as the “meander” is also creating concern for the Bad River Band. “The river is changing course, and it does that throughout the way it runs,” said Blanchard. At the meander where the pipeline crosses,  he added, “If we have high water events, flooding, harsh winter with a lot of ice build up, and all that breaks loose in the spring, then we get this high water that very well could take that pipeline out, and cause a spill.”

The tribe is monitoring the situation regularly, but this does little to ease their anxieties. The meander is “quite difficult to get to,” said Blanchard, and it’s also just one area of concern along the pipeline’s route. “A few years back, we had an exposed pipeline coming down one of the sidehills up there,” said Blanchard. “There was quite a ways where the pipeline was exposed and just kind of hanging in mid-air, which could have been disastrous if it wasn’t found and something done about it.”

If Line 5 were rerouted, it would still go through other wetlands and habitats outside the reservation. “These are some of the most treasured areas in Wisconsin,” said Brett Korte, an attorney with Clean Wisconsin. “When we think of the beauty of our state, our precious freshwater resources, the places we must protect, these areas are at the top of the list.” 

In a statement, Korte added, “This push from Canadian oil giant Enbridge is getting national attention because what it’s proposing to do here in Wisconsin is dangerous.”

This report was updated with additional information about Line 6.

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

The Wisconsin Department of Natural Resources (DNR) has decided that it will issue an individual wetland and waterway permit to the Canadian oil and gas company Enbridge, as the company seeks to relocate its Line 5 pipeline. Permits will also be issued to the company for stormwater site construction and pollution discharge elimination systems. The state agency’s decision is the latest development in the contested operation of Line 5 in Wisconsin. 

A DNR press release states that the wetland permit authorizes specific construction-related activities that may impact waterways and wetlands. The permit contains “more than 200 conditions to ensure compliance with state’s wetlands and waterways standards,” according to the DNR. The construction permits for stormwater sites also involve “specific plans for erosion control and water quality protection.”

Both the DNR and the U.S. Army Corps of Engineers must approve the permits before the project can proceed. Enbridge may need to also obtain other permits involving  groundwater, burning and incidental takes of species listed as threatened or endangered. Enbridge will also need to apply for a U.S. Army Corps of Engineers permit to discharge dredge or fill material to waterways, which is required under the Clean Water Act. The DNR has issued a water quality certification “that serves as a determination that the project as proposed will meet State of Wisconsin water quality standards.” The U.S. Army Corps of Engineers will also have to consider Wisconsin’s water quality certification as part of the permitting process. 

The announcement earned praise from the Wisconsin Building Trades Council, a union with  a membership of over 40,000. Emily Pritzkow, the union’s executive director, issued a statement saying the decision “reflects an intentional and balanced approach to addressing the state’s energy infrastructure needs while ensuring responsible environmental stewardship.” Calling the relocation of Line 5 “a win for Wisconsin workers, Wisconsin families, and the Wisconsin economy,” Pritzkow said the reroute “ensures operation with the highest safety standards by incorporating cutting-edge technology and construction practices.” Pritzkow added, “together, we can advance Wisconsin’s infrastructure needs while protecting the natural resources that make our state exceptional.”

Plans to reroute  Line 5 have been debated for years. In 2019, when the Bad River Band of Lake Superior Chippewa filed a federal lawsuit to remove the pipeline from the tribe’s reservation, a judge determined that the company had trespassed on the Bad River Band’s land, and ordered the pipeline to be removed within three years. Although the decision was a victory for the Bad River Band, the tribe argues that Line 5’s rerouted path still crosses the Bad River watershed, and thus still poses a threat to the tribe’s natural resources. 

In late August, the U.S. Army Corps of Engineers received over 150,000 public comments opposing the continued operation of Line 5. Nearly a month later, the DNR released a final environmental impact statement on the reroute plan, which itself was a step necessary for Enbridge to receive the permits it needed to relocate the pipeline. 

Opponents to the decades-old crude oil pipeline were displeased by the DNR’s decision to issue permits to Enbridge. “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 in a statement. “We will continue sounding the alarm to prevent yet another Enbridge pipeline from endangering our watershed.”

Stefanie Tsosie, who is helping represent the Bad River Band as senior attorney at Earthjustice, said in a statement that the DNR “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.” Tsosie added, “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.” 

Clean Wisconsin is considering legal challenges against the permit issuances. “Wisconsin law makes it clear that projects causing harm to our waters must meet a high bar to move forward,” said 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.” Opponents of the pipeline also point out  that constructing the reroute would involve clearing trees, digging trenches, filling wetlands, and other activities which could disturb vulnerable ecosystems in northern Wisconsin. 

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

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

The Wisconsin Department of Natural Resources on Thursday released a final environmental impact statement on Enbridge Energy’s plan to relocate its controversial Line 5 oil pipeline out of the Bad River Reservation in northern Wisconsin. 

The nearly 900-page document is another step toward the company receiving the necessary permits from the DNR to move the pipeline, which has for years drawn legal challenges and protests for its potential detrimental effect on the environment. 

In 2019, the Bad River Band of Lake Superior Chippewa filed a federal lawsuit to force the 70-year-old pipeline’s removal from tribal land. In 2023, a federal judge ordered Enbridge to remove the pipeline from tribal land within three years. While the lawsuit has been pending, the company has applied for permits to move the pipeline, rerouting it around the reservation. 

The company is required to receive approvals and permits from local, tribal, state and federal governments. Under state law, the company must obtain permits for the proposed new pipeline’s effect on stormwater, wetlands, groundwater use, emissions, construction and other potential environmental effects. 

After the release of the report, environmental legal advocates said they believe the agency has not given the public enough opportunities for input and promised legal action if they find that the agency has failed to fulfill its requirements under the Wisconsin Environmental Policy Act. 

“Regardless of whether the final EIS is accurate and complete, we believe the DNR has failed to comply with the Wisconsin Environmental Policy Act (WEPA),” Midwest Environmental Advocates Executive Director Tony Wilkin Gibart said in a statement. “WEPA requires the DNR to adequately inform members of the public about the potential impacts of the proposed project so they can meaningfully participate in the permitting process. Yet the agency has not held a single hearing or public comment period on Enbridge’s application for wetlands and waterway permits since 2020 — well before the public had the benefit of even a draft EIS.”

“Given these concerns, as well as the significant risks associated with pipeline construction and operation, MEA will continue to subject the final EIS to the highest possible legal scrutiny,” he continued. “If we find that it falls short of what the law requires, we are prepared to take legal action to stop this dangerous and destructive pipeline project.”

In a statement, Enbridge spokesperson Juli Kellner said the pipeline relocation will “keep affordable and reliable energy flowing to Wisconsin and the Great Lakes Region. ”

“The project has been designed to avoid and minimize temporary construction impacts, and we believe the planned route is the best alternative,” she said. “The Wisconsin DNR has thoroughly evaluated the environmental impacts of the proposed project and have presented their findings in the Final Environmental Impact Statement. The proposed project will construct a new, replacement segment of the Line 5 pipeline around the Bad River Reservation, infuse millions of dollars in construction spending into local communities, create over 700 family supporting union jobs, and preserve the flow of essential energy that millions of consumers in the region rely on every day. ”