Bad River Band Sues Army Corps

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.

Please see the full press release here

The legal document can be accessed here

“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.

Protect Water

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!

Enbridge Starts Construction Related Activities for Re-Route of Line 5 Pipeline

FOR IMMEDIATE RELEASE
Sun. Nov. 2nd, 2025
Contact: Robin Clark, Three Waters Pipeline Resistance Team
RobinClark12@proton.me

Enbridge Starts Construction Related Activities for Re-Route of Line 5 Pipeline

ASHLAND, WI – Over the past few weeks, the Canadian pipeline company Enbridge Energy has commenced activities such as logging, preparing construction matting, and securing temporary worker housing around the Bad River reservation in anticipation of re-routing a segment of their Line 5 pipeline. While the Army Corps of Engineers issued a federal permit to Enbridge this past week for construction related to the proposed re-route, an order issued by Administrative Law Judge Angela Chaput Foy on February 28, 2025, prohibits Enbridge from moving forward with full construction pending the outcome of a contested case hearing with the Wisconsin Department of Natural Resources over the project’s permits. 

Based on photographs and observations taken by local residents [attached], as well as property data disclosed in Enbridge’s Environmental Impact Statement, lots leased by Enbridge close to the proposed corridor now contain stacks of pipe and construction matting. Active logging on Enbridge parcels has also begun in the last few weeks.

Temporary worker housing locations for out-of-town workers— often referred to as “man camps”— have been established in Cedar, WI, and Ashland, WI, and another is being constructed in Marengo, WI. The camp in Cedar, WI is actively hosting Enbridge workers, according to local residents. The Coyote Hills campground and trailer park in Marengo has been leased by the company, and neighbors have been told the trailers are intended for out-of-town pipeline workers. Enbridge has explicitly stated they will not build “man camps” for the Line 5 reroute project, likely due to the advocacy of the Missing & Murdered Indigenous Women movement showing connections between man camps and increased sex trafficking in local communities. Enbridge is claiming that these campgrounds of temporary workers are not man camps. They have not commented on what exactly makes them different.

To see more information and photos on the aforementioned activities or make reports of construction activity related to the proposed re-route, visit watchline5.com > WI Monitoring.The Bad River Band initiated a contested case hearing against the Wisconsin Department of Natural Resources in December of 2024 following the approval of DNR permits for the Line 5 reroute project. Bad River contends that the proposed reroute poses an imminent risk to the wetland-rich ecology of the Bad River watershed and to the Band’s usufrutuary rights, which are protected by treaties signed with the United States federal government. Midwest Environmental Advocates, petitioning with the Sierra Club, 350 Wisconsin, and the League of Women Voters, have also contested the permits. A decision in the contested case proceeding is expected by December.

Edited Nov. 27 for accuracy.

RELEVANT RESOURCES

https://midwestadvocates.org/our-work/legal-action/preventing-new-construction-on-enbridges-line-5-oil-pipeline/

https://midwestadvocates.org/us-army-corps-ignores-key-step-in-line-5-permit-approval-process/

https://www.wpr.org/news/army-corps-of-engineers-grants-federal-permit-for-enbridges-line-5-reroute

PHOTOS

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Photos 1,2,& 3: New Matting Yard – South of Gurnee, WI – Adjacent to the North Country Trail

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Photos 4&5: South Range Pipeyard in Superior, WI

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Photo 6: Camp Coyote Hills, Temporary Worker Housing or “Man Camp” under construction in Morengo, WI

Nibi Walk – ceremonial water walk from Mellen to Lake Superior in Ashland, WI

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

More images

URGENT: Phone Zap until Sep 14

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!

Pack the courts, August 12, 9am CST sharp

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.

To connect by video, use Microsoft Teams on the web or the Teams app, then enter the Meeting ID: 247 227 844 895 and passcode: aK6Bt7Ye. Host a watch party.

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.  

Explainerhttps://midwestadvocates.org/wp-content/uploads/Line-5-CCH-Explainer.pdf

We ask all members of the public who oppose this project to participate — you can observe/support or offer public testimony !!! 

Enbridge is encouraging its supporters to attend the Contested Case Hearings in Madison and Ashland on August 12 too.

Permits/EIS On Appealhttps://drive.google.com/drive/folders/12Lg4t9yKFrg2uaC8PICqSswSzFeO7SqS?usp=sharing

DNR website description of future contested case hearings- https://dnr.wisconsin.gov/calendar/hearing/107801