As critical 7-week hearing on Enbridge Line 5 reroute kicks off, we answer top 10 questions

• Enbridge’s Line 5 pipeline reroute in Wisconsin faces a contested case hearing starting Aug. 12.
• The hearing will examine if the DNR followed state law when issuing its permits.
• The reroute aims to move the pipeline off tribal land, but remains within the watershed, raising concerns about potential spills.
• The public can attend the hearing in person or observe virtually.

The contentious plan to reroute Enbridge’s Line 5 oil pipeline around tribal land in northern Wisconsin is entering a critical new phase of legal and regulatory scrutiny. The project’s fate likely hangs in the balance.

On Aug. 12, a contested case hearing will examine whether the Wisconsin Department of Natural Resources followed state law when it approved key permits for the project last year. The hearing is scheduled to last seven weeks.

For Enbridge, it’s an opportunity to finally get clearance to reroute Line 5 around the Bad River Band of Lake Superior Chippewa’s reservation. The Canadian energy giant is under a June 2026 court-ordered deadline to get the pipeline off Bad River Band land − although that decision could also get overturned.

Enbridge anticipates the the contested case hearing will reaffirm the DNR’s decision as “permit applications were supported by analysis and modeling by leading third-party experts,” said Enbridge spokesperson Juli Kellner in an emailed statement.

The company hopes it can begin construction on the reroute later this year.

For the tribe and environmental groups, this is likely one of the final opportunities to half the project.

Whether on its land or upstream in a reroute, the Bad River Band has long feared how an oil leak or spill could harm its land, water and way of life, as well as the Kakagon Sloughs, home to the largest wild rice bed remaining on the Great Lakes.

“We are downstream of where that reroute is going to be,” Bad River Band Chairman Robert Blanchard told the Milwaukee Journal Sentinel. “If something were to take place there… we’re going to feel it.”

We answer 10 questions about the contested case hearing, including how the public can participate and tune in. 

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Why is Enbridge rerouting its Line 5 pipeline?

Enbridge’s Line 5 pipeline carries up to 23 million gallons of oil and natural gas liquids across 645 miles from Superior, Wisconsin, through Michigan’s upper and lower peninsulas to refineries in Sarnia, Ontario.

Part of the Line 5 pipeline runs across 12 miles of Bad River Band land in northern Wisconsin, even after the tribe chose not to renew the easement when it expired more than a decade ago. After the tribe sued to remove it in 2019, Enbridge proposed rerouting the pipeline. 

In 2023, a federal judge ruled that Enbridge must remove the pipeline from the reservation by June 2026. Both the Bad River Band and Enbridge appealed the decision — the tribe thought three years was too long; the company thought the judge didn’t have the power to shut it down — and have been awaiting a decision since February 2024. 

The project proposes to reroute 41 miles of pipeline around the reservation, but would still lie within the watershed that impacts the lands of the tribe. A 2021 estimate suggests the project would cost $450 million. 

What is a contested case hearing?

A contested case hearing is similar to a court trial. An administrative law judge runs the hearing like a judge runs a trial, in which parties make opening statements, present evidence, call witnesses and make closing arguments. 

The hearing, which is currently scheduled to run through Oct. 3, will evaluate whether DNR approvals for Enbridge’s proposed 41-mile reroute around the Band’s land follow state law.

Who is challenging the DNR’s permit for the Line 5 reroute?

Earthjustice filed a petition for the contested case hearing on behalf of the Bad River Band, as well as a lawsuit in Ashland County on Dec. 12, 2024. That same day, Midwest Environmental Advocates – on behalf of Sierra Club, 350 Wisconsin and League of Women Voters of Wisconsin – and Clean Wisconsin jointly filed a separate petition as well. 

What are the Bad River Band and environmental groups arguing?

Both the Band and environmental groups are challenging the DNR’s decision to approve the wetland and waterway permit, and a general permit to manage stormwater runoff, arguing that it should be site-specific. Both petitions also state that the project does not meet the state’s water quality standards. 

According to Stefanie Tsosie, senior attorney at EarthJustice, the DNR’s approval doesn’t follow science, and a lot of information was missing, like where wetlands and aquifers are located, and doesn’t give the full picture of the project’s lasting impacts. Filling in wetlands will have lasting impacts for decades, which will all ripple downstream, she said. 

“The lack of information is a failure by the DNR, which is why this permit should not have been issued in the first place,” Tsosie said. 

The reroute will go through land where Ojibwe tribes have federally-protected treaty rights to hunt, fish and gather as well as perform ceremonies, Blanchard said. “We need to have that honored.”

Line 5 opponents also worry about the construction of the reroute. During construction of the Line 3 pipeline in Minnesota, Enbridge breached four aquifers. It also paid more than $11 million to address environmental damage during construction and faced a criminal misdemeanor charge for using state waters without permission.

What does Enbridge say?

Kellner noted that the proposed reroute project has had more than five years of public testimony, expert studies and rigorous review, and the DNR found that impacts will be temporary and isolated, with no adverse effect to water quality or wetlands.

Enbridge, as well as supporters of the reroute, tout the economic impacts of the project, which the company said will bring in 700 jobs and roughly $135 million to the regional economy. The company also maintains that Line 5 has operated safely since 1953. 

“The project will create millions of dollars in local project spending, hundreds of construction jobs and millions in earmarked spending with Native-owned businesses, Tribal community investments, and hiring and training local Native American workers,” Kellner said in an emailed statement.

Enbridge believes it’s plausible to complete construction of the reroute by the end of June 2026.

“Our construction teams are ready to get to work immediately upon receipt of all necessary permits, which we are expecting around the end of the year,” Kellner said in an emailed statement. “Our focus will be on safely building an outstanding project, while following permit conditions. The pace of construction will depend somewhat on seasonal work restrictions and weather.”

Does Enbridge need other permits to reroute Line 5?

Enbridge is waiting on another permit from the U.S. Army Corps of Engineers for the reroute project to proceed. The Army Corps released a draft of its environmental assessment in May 2024, which drew hours of contentious testimony at a public hearing and more than 150,000 comments from opponents, according to environmental groups. 

Both parties say it’s unclear when a decision on that permit will come. 

What are possible outcomes?

The contested case hearing may lead to a number of different outcomes. For instance, the administrative judge may find there are no issues with the permit issued by the DNR. At that point, the reroute can move forward as planned, assuming all other permits are secured.

If the administrative law judge finds in favor of the petitioners on any of the issues raised, or finds the DNR did not comply with some aspect of state law, then the project can’t move forward unless the DNR modifies the permit.

If the impacts are too extensive and can’t be fixed through a permit modification, then the judge could invalidate the permit and Enbridge would have to change its project plans. 

Whatever decision is made could get appealed to state court. 

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When, where will the contested hearing take place?

The contested case hearing will take place in two locations – in Ashland at the Northwood Technical College Conference Center, and in Madison at the Hill Farms State Office Building. Testimony will start each day at 9 a.m. Central Time. 

The schedule and locations are listed below: 

• Aug. 12: Opening statements and public testimony in Ashland
• Sept. 3: Public testimony in Madison
• Sept. 4-12: Midwest Environmental Advocates and Clean Wisconsin present their case in Madison
• Sept. 15-19: Bad River Band presents its case in Ashland
• Sept. 22-26: Enbridge presents its case in Madison
• Sept 29-Oct 3: DNR presents its case in Madison

For more information, visit the DNR’s website. The DNR suggests monitoring its website for updates. 

Can the public listen to the hearing?

Yes, the public may observe the hearing in person, and it will also be available by video and telephone via Microsoft Teams. Here are options to listen in virtually:

• To connect by video, use Teams on the web or app, then enter the Meeting ID: 247 227 844 895 and passcode: aK6Bt7Ye. 
• To connect by phone, dial 1-608-571-2209, and then enter the Meeting ID: 589 521165# when prompted. 

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Can the public provide testimony?

Members of the public can provide testimony in person on Aug. 12 in Ashland and Sept. 3 in Madison. 

Any person that wants to provide testimony must enter an appearance either before or at the start of the contested case hearing on Aug. 12. Appearances can be entered in person or via Teams. However, testimony must be given in person, not by video or phone. 

Anyone testifying will need to provide their name and address and be sworn in.

More: Great Lakes tribes teach ‘water is life.’ But they’re forced to fight for a voice in safeguarding it.

Caitlin Looby covers the Great Lakes and the environment for the Milwaukee Journal Sentinel. Reach her at clooby@gannett.com and follow her on X @caitlooby. All of her work and coverage decisions are overseen solely by Journal Sentinel editors. 

Caitlin’s reporting receives support from the Brico Fund, Fund for Lake Michigan, Barbara K. Frank and individual contributions to the Journal Sentinel Community-Funded Journalism Project. The project is administered by Local Media Foundation, tax ID #36‐4427750, a Section 501(c)(3) charitable trust affiliated with Local Media Association. Our newsroom maintains editorial control.   

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