WHAT: The first day in a multi-week hearing challenging permits and other regulatory approvals issued by the Wisconsin Department of Natural Resources for the construction of a new 41-mile section of Enbridge Energy’s Line 5 pipeline in northern Wisconsin.
WHEN: Opening statements & public testimony will take place on Tuesday, August 12 beginning at 9 a.m. CT. (Note: Proceedings will resume on September 3 and continue through early October. See full schedule below.)
WHERE: Northwood Technical College Conference Center, 2100 Beaser Avenue, Ashland, WI. To connect virtually, use Teams on the web or the Teams 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: 589 521 165# when prompted.
WHO: Permits and regulatory approvals are being challenged by:
- Bad River Band of Lake Superior Chippewa (represented by Earthjustice)
- Clean Wisconsin
- Midwest Environmental Advocates (on behalf of Sierra Club, the League of Women Voters of Wisconsin and 350 Wisconsin)
Contested Case Hearing Schedule
Note: Proceedings will begin at 9:00 a.m. each day of hearing and will take place in person. The hearing may also be observed by video and telephone via Microsoft Teams. To connect by video, use Teams on the web or the Teams 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: 589 521 165# when prompted.
August 12 in Ashland
Opening statements & public testimony
Location: Northwood Technical College Conference Center, 2100 Beaser Avenue, Ashland, WI
September 3 in Madison
Public testimony (individuals must sign up to speak on Aug. 12 in person or via Teams)
Location: Hill Farms State Office Building, Room S149, 4822 Madison Yards Way, Madison, WI
September 4 – 12 in Madison
MEA (on behalf of Sierra Club, 350 Wisconsin and League of Women Voters) and Clean Wisconsin will present their case
Location: Hill Farms State Office Building, Room S149, 4822 Madison Yards Way, Madison, WI
September 15 – 19 in Ashland
Bad River Band of Lake Superior Chippewa will present their case
Location: Northwood Technical College Conference Center, 2100 Beaser Avenue, Ashland, WI
September 22 – 26 in Madison
Enbridge will present its case
Location: Hill Farms State Office Building, Room S149, 4822 Madison Yards Way, Madison, WI
September 29 – October 3 in Madison
DNR will present its case
Location: Hill Farms State Office Building, Room S149, 4822 Madison Yards Way, Madison, WI
BACKGROUND:
Enbridge Energy’s Line 5 pipeline carries oil and gas from Superior, Wisconsin to Sarnia, Ontario through northern Wisconsin and both the Upper and Lower Peninsulas of Michigan.
The 72-year-old pipeline currently cuts across the heart of the Bad River Band of Lake Superior Chippewa Reservation, where it has been trespassing for more than a decade. In 2019, the Bad River Band filed a lawsuit in federal court to force its removal from the Reservation. A federal judge ruled in favor of the Bad River Band and ordered Enbridge to remove the pipeline from the Reservation by June 2026. Rather than shut down the aging pipeline, Enbridge seeks to build a new 41-mile section of pipeline around the borders of the Reservation that would allow it to cross even more tributaries further upstream in the same sensitive watershed.
The construction project—which would stretch for more than 40 miles, cross nearly 200 waterbodies and impact over 100 wetlands—would cause significant long-term harm to the wetlands and waterways that will be impacted by trenching, drilling, and backfilling. It will violate the Bad River Band’s water quality standards, and may damage downstream wild rice beds that are a cornerstone of the Band’s identity and culture.
The DNR released a final Environmental Impact Statement in September 2024, and determined that the project will comply with the Wisconsin Environmental Policy Act. On November 14 – the same week that Enbridge’s Line 6 pipeline spilled nearly 70,000 gallons of crude oil in Jefferson County – the agency issued a wetland fill and waterway crossing permit and other approvals for the Line 5 pipeline.
In December 2024, Clean Wisconsin and Midwest Environmental Advocates (on behalf of Sierra Club, the League of Women Voters of Wisconsin and 350 Wisconsin) filed a petition for a contested case hearing challenging the permits and other regulatory approvals issued by the DNR. The Bad River Band of Lake Superior Chippewa is also challenging the permits and suing the DNR.
An administrative order prevents Enbridge from moving forward with any construction-related activities until the case is resolved. In addition to the state’s permits, Enbridge still needs federal approval from the US Army Corps of Engineers.
