The Wisconsin Department of Natural Resources (DNR) has decided it will issue an individual wetlands and waterways permit to 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 the construction of stormwater facilities and systems for the elimination of pollutant discharges. The state agency’s decision is the latest development in the disputed operation of Line 5 in Wisconsin.

A press release from the DNR states that the wetlands permit allows specific construction-related activities that may affect waterways and wetlands. The permit includes “more than 200 conditions to ensure compliance with state wetlands and waterways standards,” according to the DNR. Building permits for stormwater sites also include “specific plans for erosion control and water quality protection.”

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

The announcement drew praise from the Wisconsin Building Trades Council, a union with over 40,000 members. Emily Pritzkow, the association’s executive director, issued a statement saying the decision “reflects a deliberate 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 detour “ensures operation with the highest safety standards by incorporating cutting-edge technology and construction methods.” 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 discussed 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 ruled 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 claims that Line 5’s rerouted route still crosses the Bad River watershed and thus still poses a threat to the tribe’s natural resources.

At the end of Augustthe US Army Corps of Engineers received over 150,000 public comments opposing the continued operation of Line 5. Almost a month laterthe DNR released a final environmental impact statement on the diversion plan, itself a step necessary for Enbridge to obtain the permits needed to move the pipeline.

Opponents of the decades-old crude oil pipeline were unhappy with the DNR’s decision to issue a permit to Enbridge. “I am angry that the DNR has signed off on a half-assed plan that spells disaster for our homeland and our way of life,” Bad River Band Chairman Robert Blanchard said in a statement. “We will continue to raise the alarm to prevent another Enbridge pipeline from endangering our watershed.”

Stefanie Tsosie, who helps represent the Bad River Band as a senior attorney at Earthjustice, said in a statement that the DNR “chose to serve Enbridge’s interests at the expense of the Bad River Band’s treaty rights and the state’s future clean water supply.” Tsosie added, “it is sad that they are willing to gamble the region’s irreplaceable wetlands, wild rice beds and even Lake Superior to secure Enbridge’s cash flow.”

Clean Wisconsin is considering legal challenges to the issuance of the permit. “Wisconsin law makes it clear that projects that cause damage to our waters must meet a high standard to move forward,” said Clean Wisconsin attorney Evan Feinauer. “Given the enormous impacts that the 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 detour would involve clearing trees, digging ditches, filling wetlands and other activities that could disrupt vulnerable ecosystems in northern Wisconsin.

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

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