Wisconsin Judge Orders the Rerouting of Line 5

By Emma Woelkers, June 27, 2023

In a major decision, a Wisconsin judge has ordered the re-routing of part of the controversial Line 5 pipeline, to be completed within three years.

In a major decision, a Wisconsin judge has ordered the re-routing of part of the controversial Line 5 pipeline, to be completed within three years. The judge also ordered that Enbridge must pay The Bad River Band of Lake Superior Chippewa $5.15 million dollars, due to trespassing on tribal land. This development marks a significant victory for the Bad River Band, who have fought against Enbridge in court for several years. There is some disappointing news, however. Enbridge is planning to appeal the case, which will likely push back the deadline of 2026. Advocates for shutting down the pipeline say that this will not be enough. Due to the fragile ecosystems and drinking water that the pipeline threatens, Enbridge must completely decommission the pipeline for good.

Line 5 is a pipeline owned by Enbridge, a Canadian company, that transports crude oil and natural gas liquids beginning in Superior, WI, running through the Straits of Mackinac, and ending in Sarina, Ontario. This is the same company that was responsible for the country’s largest inland oil spill when their Line 6B pipeline spilled over one million gallons of oil into the Kalamazoo River in Michigan. Line 5 was only designed to last 50 years, 1953 - 2003, however it is still in use today, 20 years past its expiration date. 

The decision to re-route Line 5 in Wisconsin stems from growing concerns about potential pipeline leaks or ruptures that could lead to catastrophic environmental damage. Proponents of a complete shutdown argue that the current path poses an unacceptable risk to the local ecosystems, and goes against treaties signed by the multiple sovereign Native nations within the Upper Great Lakes region. A rupture under the Straits of Mackinac, for example, would risk 700 miles of Great Lakes shoreline– threatening hundreds of thousands of tourism-based jobs, and the drinking water for millions of people. 

If Enbridge fails to reroute the pipeline by 2026, they must decommission any section that runs under the Bad River Band’s lands– effectively shutting down the pipeline. While that is unlikely to happen within that time frame due to Enbridge appealing the court’s decision, this decision shows that federal courts are taking steps to prioritize and protect Native rights over corporate profit.

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