Legal Fight over Line 5 Oil Pipeline Moves to Madison

Line 5 marker in field near Ashland, Wis.

Madison, Wis.—A multi-week legal hearing challenging Wisconsin’s approval for the Line 5 oil pipeline will move to Madison this week. Starting Wednesday, September 3, individuals who previously registered will give public testimony, followed by technical experts who will testify about the significant long-term risks associated with Enbridge Energy’s plan to build a new 41-mile segment of its Line 5 pipeline.

Midwest Environmental Advocates – representing the League of Women Voters of Wisconsin, 350 Wisconsin and Sierra Club – and Clean Wisconsin are challenging permits granted last November by the Wisconsin Department of Natural Resources (DNR) for Canadian oil giant Enbridge to clear trees, dig trenches, blast through bedrock, and fill wetlands in northern Wisconsin to make way for the new pipeline segment. The Bad River Band of Lake Superior Chippewa, represented by Earthjustice, is also contesting the permits and suing the DNR.

Legal proceedings began three weeks ago in Ashland with a day of opening statements and public testimony. You can find photos from the hearing here, and statements in support of the legal challenge from the Franciscan Sisters of Perpetual Adoration, Great Lakes Indian Fish & Wildlife Commission. Healthy Climate Wisconsin, Racine Interfaith Coalition, and Women’s Earth and Climate Action Network (WECAN).

WHAT: Public statements and expert testimony on behalf of environmental organizations in the Line 5 legal case (Members of the public have pre-registered to speak. No unregistered speakers will be allowed.)

WHEN: Sept. 3 – 12 beginning at 9 a.m. daily

WHERE: In person at Hill Farms State Office Building, Room N108, 4822 Madison Yards Way, Madison, WI. 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.

Media Availability

Attorneys in the case and involved parties will be available to speak to the media at 8 a.m., Wednesday, Sept. 3rdoutside of the Hill Farms Office Building. Please contact Amy Barrilleaux (563.508.7979) or look for us on site.

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.

September 3 – 12 in Madison
Remaining Public Testimony; 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, Rooms N108 (Sept 3) and S149, 4822 Madison Yards Way, Madison, WI

September 15 – 19 in Ashland
The Bad River Band of Lake Superior Chippewa will present its 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 has been trespassing for more than a decade through the Reservation of the Bad River Band of Lake Superior Chippewa, which brought a lawsuit in 2019. 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 encircling the Reservation and threatening the same sensitive watershed further upstream.

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 through trenching, drilling, and backfilling. It will also 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. According to Enbridge’s own expert, Line 5 could be shut down with almost no impact to gas prices in Wisconsin.

Enbridge still needs federal approval from the US Army Corps of Engineers, and no construction activity is permitted while the contested case plays out. Read more about the contested case here and about Line 5 here.