The Bad River Band of Lake Superior Chippewa has filed a lawsuit against the US Army Corps of Engineers for unlawfully granting Canadian company Enbridge a permit for the construction of a new 41-mile section of its Line 5 oil pipeline.
“For more than a decade, we have had to endure the unlawful trespass of a dangerous oil pipeline on our lands and waters,” said Bad River Band Chairwoman Elizabeth Arbuckle. “The reroute only makes matters worse. Enbridge’s history is full of accidents and oil spills. If that happens here, our Tribe and other communities in the Northwoods will suffer unacceptable consequences. From the Bad River to Lake Superior, our waters are the lifeblood of our Reservation. They have fed and nurtured our Tribe for hundreds of years. We will do everything in our power to protect them.”
In a separate legal challenge, the Band is contesting permits that the Wisconsin Department of Natural Resources granted Enbridge last year. Although construction on the reroute is legally barred until an administrative law judge rules on that challenge, community members have already documented Enbridge violations, including logging, road work and the construction of a man camp. Community monitoring of Enbridge construction activities is ongoing, please support this effort and keep checking this website for reports received from folks on the ground.
Indigenous Water Protectors and the Duluth Light Brigade sent these images and videos of their action along the highway in Duluth, with more videos visible on fb. Thank you for the update, keep em coming!
A brief report-back from the Nibi Walk held on October 11 along the proposed path of the Line 5 reroute in Wisconsin. For Nibi Walk explanation and protocols, please see https://www.nibiwalk.org/about/: “Led by Anishinaabe Grandmothers, Water Walks respect the truth that water is a life giver, and because women also give life they are the keepers of the water.” Community members walked in ceremony from the Mashkiiziibii (Bad River) in Mellen to Lake Superior in Ashland. Thank you to Adrienne for sharing their message and images from the walk, along with a few additional images we received.
Boozhoo, hello my name is Adrienne Leoso, my Ojibwe name is 3 Standing Woman, I am Wolf Clan from Bad River Wisconsin. I am so happy to be here on this beautiful day. Today I think about the future, my children’s children’s children. I walk for them.
Ninga izhichige nibi onji – I will do it for the water
In May 2021, Michigan Governor Whitmer along with the MI DNR filed an Eviction Order for the immediate Shut Down of Line 5 for Enbridge’s non-compliance with safety agreements in the binding 1953 Mackinaw Straits permit agreement between the State of Michigan and Enbridge Energy (previously Lake Head). Enbridge then filed suit against Gov Whitmer and the DNR for damages, claiming Whitmer had no authority to enforce the permit between the the State of Michigan and Enbridge.
Whitmer argued that the state of Michigan is immune from litigation for enforcing a sovereign State agreement between State and Company.
Federal District Courts sided with Enbridge. The 6th Circuit Court of Appeals sided with Enbridge.
Now is the time for Whitmer to Petition the Supreme Court. Her deadline to petition is September 14 — WE NEED YOU TO CALL HER TODAY!
Call Gov Whitmer today and ask her to stand up to protect the water, file a petition to the Supreme Court in Enbridge vs Whitmer and take the fight against Enbridge Line 5 to the Supreme Court!
Show Up! Support! If you have environmental information that contradicts Enbridge’s DNR EIS permits, provide testimony! On Appeal from WI DNR’s approval.
Location: Ashland, Wisconsin: Northwood Technical College Conference Center, 2100 Beaser Avenue Madison, WI: Hill Farms State Office Building, Room S149, 4822 Madison Yards Way
VIRTUAL PARTICIPANTS can sign up (9am Sharp) to provide testimony in Madison on September 3rd.
Members of the public who choose to testify must do so in person and are open to cross-examination. If you wish to testify in either Ashland or Madison (on Sept 3rd), you must register at the start of the hearing on August 12 either in person or at the teams link above.
People at the hearing will need to be sworn in to testify, and testimony must be relevant to the permit. The contested case judge will decide if it is or not. If you wish to testify at the next hearing on September 3, you have to attend the Aug. 12 meeting (by Teams or In-person) and register to testify on Sept. 3 (in Madison).
Opening Arguments by Bad River Band of Lake Superior Chippewa, Midwest Environmental Advocates, Clean Wisconsin, Enbridge, and the WI DNR.
