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.”